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John Hannah, a senior aide to Vice President Dick Cheney, begins cooperating with the investigation into the exposure of CIA official Valerie Plame Wilson. Sources close to the investigation say that Hannah agreed to cooperate after learning that witnesses identified him as a co-conspirator in the Plame Wilson leak. Those sources say that Hannah has not been granted immunity from prosecution, but most likely has been offered a deal in exchange for information that could lead to indictments of any number of White House officials. Sources say that, in June 2003, Hannah and another Cheney aide, David Wurmser (see May 29, 2003), were ordered by their superiors in Cheney’s office to leak Plame Wilson’s name and CIA identity in an attempt to discredit her husband, war critic Joseph Wilson. [Raw Story, 10/19/2005; New York Times, 10/19/2005] Hannah helped pass along information about Plame Wilson’s CIA status from the State Department to Cheney (see May 29, 2003), and provided Cheney with a classified CIA report on the agency’s investigation into Iraq’s supposed attempt to procure uranium from Niger (see June 9, 2003).
Slate’s Jacob Weisberg. [Source: Paid Content (.org)]Jacob Weisberg, a senior editor of Slate magazine, warns liberals that the possible prosecution of White House official Karl Rove and/or former White House aide Lewis Libby may not be cause for celebration. “Opponents of the Bush administration are anticipating vindication on various fronts—justice for their nemesis Karl Rove, repudiation of George W. Bush’s dishonest case for the Iraq war, a comeuppance for Chalabi-loving reporter Judith Miller of the New York Times, and even some payback for the excesses of independent counsels during the Clinton years,” he writes. Weisberg calls support for the potential prosecutions “self-destructive,” and explains: “Anyone who cares about civil liberties, freedom of information, or even just fair play should have been skeptical about [special prosecutor Patrick] Fitzgerald’s investigation from the start. Claiming a few conservative scalps might be satisfying, but they’ll come at a cost to principles liberals hold dear: the press’s right to find out, the government’s ability to disclose, and the public’s right to know.” Weisberg calls the law that is at the heart of the Plame Wilson investigation, the Intelligence Identities Protection Act (IIPA), “flawed,” and the entire Fitzgerald investigation “misbegotten.” The law is difficult to use for a conviction because it requires that prosecutors prove intent to do harm. “Under the First Amendment, we have a right to debate what is done in our name, even by secret agents,” Weisberg writes. “It may be impossible to criminalize malicious disclosure without hampering essential public debate.” After calling the White House “negligent” and “stupid” for revealing Plame Wilson’s CIA status, he says that no one has shown Rove, Libby, or any other official leaked her name with the intent of causing her or her career harm. Weisberg writes: “[A]fter two years of digging, no evidence has emerged that anyone who worked for Bush and talked to reporters about Plame… knew she was undercover. And as nasty as they might be, it’s not really thinkable that they would have known. You need a pretty low opinion of people in the White House to imagine they would knowingly foster the possible assassination of CIA assets in other countries for the sake of retaliation against someone who wrote an op-ed they didn’t like in the New York Times” (see July 6, 2003). The outing of Plame Wilson was “accidental,” Weisberg claims, part of the Bush administration’s attempts to defend itself against its failure to find WMD in Iraq. Weisberg calls Fitzgerald “relentless and ambitious,” implying that he is pursuing the case for the fulfillment of his personal ambition, and says that no evidence exists of anyone breaking any laws, whether it be the IIPA, statutes against perjury or conspiracy, obstruction of justice, or anything else. Fitzgerald will indict someone for something, Weisberg states, because not to do so would seem like he failed in his investigation. Fitzgerald is sure to bring what Weisberg calls “creative crap charges of his own devising” against someone, be it a White House official or a reporter. Weisberg concludes by calling Fitzgerald’s investigation “a disaster for freedom of the press and freedom of information.” [Slate, 10/18/2005]
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions is adopted at the 33rd UNESCO General Conference held in Paris, France. It is the first major international convention to be adopted that reaffirms the sovereign right of states to formulate and implement cultural policies. The convention’s approval is seen as a challenge to the legitimacy of the global regime of bilateral, regional and multilateral free trade agreements revolving around the World Trade Organization (WTO), in particular regarding international trade in cultural goods and services and the related cultural policies effected by governments. The approval of this international instrument is seen as a major culmination of years-long efforts led by Canada and the European Union, specifically France, to arrest liberalization commitments in various free trade agreements that tend to strengthen Hollywood’s overwhelming advantage in the global film, music, publishing, advertising, and other cultural industries. The convention is overwhelmingly approved despite a strong counter-lobby by the United States. A hundred and forty-eight vote in the convention’s favor, four countries (Australia, Honduras, Liberia, and Nicaragua) abstain, and only two countries—the United States and Israel—vote against its approval. [Coalition Currents, 10/2005]
New York Times columnist Nicholas Kristof writes that the Fitzgerald investigation of the Plame Wilson identity leak is running the risk of moving too far, too fast, and may end up jailing Bush administration officials without good cause. Kristof cites two Republican-driven investigations from the 1990s—the “fanatical” Kenneth Starr investigation of former President Clinton and the “appalling” 10-year pursuit of former Housing Secretary Henry Cisneros—to warn that the Fitzgerald investigation, like those he cites from the 1990s, may be moving into murkier areas than originally warranted, i.e. the investigation into who leaked the name of a clandestine CIA agent. Special counsel Patrick Fitzgerald may be “considering mushier kinds of indictments,” Kristof writes, “for perjury, obstruction of justice, or revealing classified information. Sure, flat-out perjury must be punished. But if the evidence is more equivocal, then indictments would mark just the kind of overzealous breach of prosecutorial discretion that was a disgrace when Democrats were targeted. And it would be just as disgraceful if Republicans are the targets.” Kristof acknowledges that White House officials “behaved abominably in this affair,” and says, “the idea of a government official secretly using the news media… to attack former Ambassador Joseph Wilson [is] sleazy and outrageous. But a crime? I’m skeptical, even though there seems to have been a coordinated White House campaign against Mr. Wilson” (see October 1, 2003). “My guess is that the participants in a White House senior staff meeting discussed Mr. Wilson’s trip and the charges that the administration had knowingly broadcast false information about uranium in Niger—and then decided to take the offensive. The leak of Mrs. Wilson’s identity resulted from that offensive, but it may well have been negligence rather than vengeance.” Kristof doubts that anyone in the White House knew that Plame Wilson was an undercover agent, and believes that “some official spread the word of Mrs. Wilson’s work at the CIA to make her husband’s trip look like a nepotistic junket.” He calls such behavior “appalling,” and says that columnist Robert Novak “was absolutely wrong to print the disclosure” (see July 14, 2003). “But there’s also no need to exaggerate it,” he concludes. The entire Plame Wilson affair is an example of “backstabbing politics,” he writes, “but not… obvious criminality.” Therefore, Fitzgerald should be wary of handing down indictments, both in the interest of legal restraint and for fear that indicting “White House officials on vague charges of revealing classified information… will have a chilling effect on the reporting of national security issues.” [New York Times, 10/25/2005]
Washington Post investigative reporter Bob Woodward slams ‘Plamegate’ special prosecutor Patrick Fitzgerald. In an interview on CNN’s Larry King Live, he calls Fitzgerald’s investigation “disgraceful.” When asked if he knew who might have leaked CIA agent Valerie Plame Wilson’s name to the press, Woodward claims—falsely—that he has no idea. “I wish I did have a bombshell,” he says. “I don’t even have a firecracker.” The leak, he says, is merely “gossip and chatter” of interest only to “a junkyard-dog prosecutor” like Fitzgerald who “goes everywhere and asks every question and turns over rocks and rocks under rocks and so forth.” Woodward also claims that the CIA’s assessment of the damage likely to have been done by the leak is “minimal.” Woodward says: “They did not have to pull anyone out undercover abroad. They didn’t have to resettle anyone. There was no physical danger to anyone, and there was just some embarrassment. So people have kind of compared—somebody was saying this was [similar to the cases of convicted spies] Aldrich Ames or Bob Hanssen, big spies. This didn’t cause damage.” Woodward is ignoring reports that the damage caused by the leak may well have been severe and widespread (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006); he also fails to note an upcoming report by his own newspaper that notes the CIA has not yet completed its assessment of the damage, but speculates as to just how severe the damage is believed to be (see October 29, 2005). [CNN, 10/27/2005; Media Matters, 10/31/2005; Media Matters, 11/16/2005; Time, 11/20/2005] 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 Fitzgerald and his own editors (see November 16-17, 2005).
Washington Post columnist Michael Kinsley writes in the online magazine Slate that he finds the entire Niger-Plame-Libby issue “confusing” and incoherent. After mocking a variety of aspects of the case (“Niger, which is not Nigeria,” the “Pynchonesque… mysterious beauty” of the surname “Plame,” the forgettable blandness of the name Joe Wilson, and the nickname “Scooter,” or perhaps “Snooker” or “Snotty,” of accused leaker Lewis Libby), and portraying the entire issue as the plot of a forgettable film noir or perhaps a Shakespeare knockoff, he calls the “whole prosecution nuts.” [Slate, 10/28/2005]
Washington Post reporter Bob Woodward is dismissive of the indictment of White House official Lewis Libby (see October 28, 2005), saying, “I don’t know how this is about the buildup to the war, the Valerie Plame Wilson issue.” He dismisses the entire Plame Wilson investigation as mere White House gossiping. Woodward has his own peripheral involvement in Plame Wilson’s outing, which he keeps secret for years (see June 13, 2003) and November 16-17, 2005); according to author Frank Rich, that makes him a prime example of journalistic hypocrisy. Rich will add that it is hard to fathom how any journalist could come to such a conclusion. Rich will write: “If one assumes, as Woodward apparently did, against mounting evidence to the contrary, that the White House acted in good faith purveying its claims of imminent doomsday and pre-9/11 Qaeda-Saddam collaboration, then there’s no White House wrongdoing that needs covering up. So why would anyone in the administration try to do something nasty to silence a whistle-blower like Joseph Wilson? Where’s the story?” [Rich, 2006, pp. 191]
Hours after the Patrick Fitzgerald press conference announcing the indictment of Lewis Libby (see October 28, 2005), NBC reporter Andrea Mitchell tells a viewing audience on MSNBC’s Hardball that the exposure of Valerie Plame Wilson, the CIA official whose exposure as a covert agent triggered the investigation that led to Libby’s indictment, did no real damage to US intelligence interests. Mitchell does not cite any sources in her claim. She says: “I think the prosecutor [Fitzgerald] made a very broad claim, whether you buy it or not, that the disclosure of any CIA officer’s identity is a threat to our national security, that we are at a stage in our country where we need to recruit people, we need to guarantee that they will have anonymity, and that you cannot recruit people to work in these difficult jobs, nor can you be sure that by disclosing their identity that you are not putting them in jeopardy. I happen to have been told that the actual damage assessment as to whether people were put in jeopardy on this case did not indicate that there was real damage in this specific instance.” It is possible that Mitchell sources her claim from a very similar claim made the night before by Washington Post reporter Bob Woodward (see October 27, 2005). [Jane Hamsher, 11/29/2005] Two years before, Mitchell told a CNBC audience that “everybody knew” Plame Wilson was a covert official, a claim she was later forced to retract (see October 3, 2003). Shortly after Mitchell’s Hardball claim, MSNBC commentator Tucker Carlson writes, “In fact, as NBC’s Andrea Mitchell has reported, an internal CIA investigation found that Plame’s outing caused no discernable damage to anyone.” [MSNBC, 11/18/2005] A 2003 CIA assessment (see Before September 16, 2003) and an October 2005 analysis by the Washington Post (see October 29, 2005) both determined that Plame Wilson’s exposure caused “severe damage” to the US intelligence community, particularly in the Middle East.
The Washington Post publishes an article about the severity of the damage done by the Plame Wilson CIA identity leak. The Post notes that the CIA has not yet completed its damage assessment, because it usually waits until criminal investigations have concluded. But when Plame Wilson and her front company, Brewster Jennings, were exposed as clandestine CIA entities, the damage was believed to have been widespread (see October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003). CIA officials have compiled a long list of Plame Wilson’s contacts and friends both in the US and overseas who may have been exposed as her contacts. Current and former intelligence officials say there is no way to know if the leak has cost anyone their life as yet. Former CIA division chief Arthur Brown says: “Cover and tradecraft are the only forms of protection one has and to have that stripped away because of political scheming is the moral equivalent to exposing forward deployed military units. In the case of the military, they can pack up and go elsewhere. In the case of a serving clandestine officer, it’s the end of that officer’s ability to function in that role.” Representative Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, says, “Blowing the cover of a CIA officer is the cardinal sin in the intelligence business: It could wipe out information networks and put lives at risk.” Certainly Plame Wilson’s ability to function as a clandestine CIA agent has forever been destroyed. Former senior CIA manager Mark Lowenthal says: “It’s possible that no damage was done [to national security] but she can never [work] overseas again.… You can only speculate that if she had foreign contacts, those contacts might be nervous and their relationships with her put them at risk. It also makes it harder for other CIA officers to recruit sources.” Ultimately, the public will never know just how extensive the damage may be. One intelligence official says, “You’ll never get a straight answer about how valuable she was or how valuable her sources were.” [Washington Post, 10/29/2005] The press is not yet aware of an in-house CIA assessment of the “severe” damage caused to the agency by the leak (see Before September 16, 2003).
In an op-ed, the Wall Street Journal’s editorial staff accuses special counsel Patrick Fitzgerald of “criminalizing politics” in his investigation of the Plame Wilson leak. Fitzgerald’s investigation, the editorial reads, has taken two years, cost millions of dollars, jailed a reporter (see July 6, 2005), “and preoccupied some of the White House’s senior officials.” The investigation has culminated in the indictment of former White House official Lewis Libby (see October 28, 2005), not for leaking Valerie Plame Wilson’s identity to the press, but for what the Journal calls “contradictions between his testimony and the testimony of two or three reporters about what he told them, when he told them, and what words he used.” The Journal writes that there is no evidence, at least to the public’s knowledge, that Libby lied to anyone, be it the FBI (see October 14, 2003 and November 26, 2003), the grand jury (see March 5, 2004 and March 24, 2004), or anyone else. Nowhere has anyone alleged a motive for Libby’s alleged perjury, the Journal states (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). And, the Journal notes, Libby was not a source for the column that actually outed Plame Wilson as a CIA official. The Journal questions the existence of any White House “conspiracy to silence administration critics,” and if there was, it writes, “it was more daft than deft.” Instead, the Journal writes, the Libby indictment “amounts to an allegation that one official lied about what he knew about an underlying ‘crime’ that wasn’t committed.” Fitzgerald is merely involving himself in what the Journal calls “a policy dispute between an elected administration and critics of the president’s approach to the war on terror, who included parts of the permanent bureaucracy of the State Department and CIA.” [Wall Street Journal, 10/29/2005]
According to a United Press International (UPI) report, special counsel Patrick Fitzgerald has sought and received documentation on the Iraq-Niger forgeries (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) from the Italian government. UPI reports, “Fitzgerald’s team has been given the full, and as yet unpublished report of the Italian parliamentary inquiry into the affair, which started when an Italian journalist obtained documents that appeared to show officials of the government of Niger helping to supply the Iraqi regime of Saddam Hussein with [y]ellowcake uranium.” (In November, that parliamentary report will be shown not to exist—see July 2005.) According to reporter Jason Leopold, the information about the Iraq-Niger documents being provided to Fitzgerald comes from NATO sources. Leopold’s reporting will later be shown to be less than reliable (see June 19, 2006). [Raw Story, 10/24/2005; Global Research, 10/29/2005; CounterPunch, 11/9/2005]
After White House official Lewis Libby is indicted (see October 28, 2005), Washington Post editor and reporter Bob Woodward “realizes” that he was a recipient of the information that Valerie Plame Wilson was a CIA official (see June 13, 2003). Woodward has been scathing in his criticism of the Plame Wilson identity leak investigation, and staunch in his support of the journalists who outed Plame Wilson in their reporting (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, October 27, 2005, and October 28, 2005). According to Woodward’s own recollections, he was asked by Post executive editor Leonard Downie Jr. to help report on the status of the investigation into the leak. Woodward will say that upon listening to special counsel Patrick Fitzgerald tell reporters that Libby was the first White House official to reveal Plame Wilson’s name to a reporter (see June 23, 2003), he realizes that Fitzgerald is misinformed. Instead, Woodward had received that information from another Bush administration source 10 days before Libby. (Woodward’s source was then-Deputy Secretary of State Richard Armitage, a fact that Woodward does not disclose to the media, and is not publicly revealed for nearly six months—see March 14, 2006). Woodward quickly telephones his source (Armitage), and will tell another reporter: “I said it was clear to me that the source had told me [about Wilson’s wife] in mid-June, and this person could check his or her records and see that it was mid-June. My source said he or she had no alternative but to go to the prosecutor. I said, ‘If you do, am I released?’” Woodward is referring to the confidentiality agreement between the two. The source agrees, but only for purposes of discussing it with Fitzgerald, not for publication. Woodward later says he tried twice, once in 2004 and once earlier in 2005, to persuade Armitage to remove the confidentiality restriction, but Armitage refused to budge. Woodward informs Fitzgerald of his contact with Armitage, as does Armitage. While Armitage has spoken to the FBI about his role in leaking Plame Wilson’s identity (see October 2, 2003), and to the grand jury investigating the leak (in which he failed to divulge his contact with Woodward—see September 22, 2004), Woodward has not spoken to Fitzgerald until now, though his name appears on numerous White House telephone and visitors’ logs during the critical period of June and July 2003. Woodward will say he is surprised not to have been contacted by Fitzgerald, and, in contrast to his earlier criticisms of Fitzgerald, will call him “incredibly sensitive to what we do. He didn’t infringe on my other reporting, which frankly surprised me. He said, ‘This is what I need, I don’t need any more.’” [Time, 11/18/2005; Washington Post, 8/29/2006] Woodward will soon give a deposition to Fitzgerald, and will write about his role in the leak for the Post (see November 14, 2005).
Terry Moran, ABC News’s chief White House correspondent, tells ABC host George Stephanopoulos that he believes White House press secretary Scott McClellan unwittingly lied to reporters when he asserted that White House staffers Karl Rove (see September 16, 2003, September 27, 2003, September 29, 2003, and September 29, 2003) and Lewis “Scooter” Libby (see October 4, 2003 and October 4, 2003) knew nothing of the Valerie Plame Wilson identity leak. “He was telling falsehoods right at us over and over unwittingly,” Moran says. Asked if McClellan knew he was lying, Moran replies: “No. And he signaled he wants to tell us the story,” referring to McClellan’s comments that he would like to be able to discuss his public support of Rove and Libby. Stephanopoulos asks, “[Y]ou say he didn’t know it, so that means Karl Rove lied to him?” “Yes,” Moran answers, “yes.” Moran notes that the White House will most likely do nothing except continue to “stonewall” and deny involvement: “My sense it right now they’ll kick this down the road. They’ll say it’s a continuing case and we’re going to kick it down the road.” [McClellan, 2008, pp. 265-266]
The Washington Post prints an article by reporter Barton Gellman about the intelligence leaks from the White House that led to the outing of CIA official Valerie Plame Wilson. The article examines the question of whether Lewis Libby, Vice President Dick Cheney’s former chief of staff, obstructed the FBI investigation into Plame Wilson’s exposure in order to protect Cheney. [Washington Post, 10/30/2005] According to journalist and blogger Joshua Micah Marshall, the Post deleted a key portion of Gellman’s story shortly after it appeared on the Post’s Web site (the edited version is what makes it into print). The deleted portion noted that on July 12, 2003, Cheney told Libby “to alert reporters of an attack launched that morning on [former ambassador Joseph] Wilson’s credibility by Fleischer, according to a well-placed source” (see July 12, 2003 and 3:20 a.m. July 12, 2003). [Joshua Micah Marshall, 10/30/2005] A criminal lawyer who blogs under the moniker “Anonymous Liberal” speculates that the Post may have removed the reference to Fleischer because Fleischer was a source for Post reporter Walter Pincus. Pincus is identified in Gellman’s article as receiving information from an unidentified White House source who, like Libby, attacked Wilson and implied that he was sent to Niger by his wife (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Anonymous Liberal, 10/30/2005]
Entity Tags: Richard (“Dick”) Cheney, Barton Gellman, Ari Fleischer, “Anonymous Liberal”, Bush administration (43), Lewis (“Scooter”) Libby, Walter Pincus, Washington Post, Valerie Plame Wilson, Joshua Micah Marshall
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
The Wall Street Journal prints an editorial by former Bush Solicitor General Theodore Olson lambasting the Plame Wilson identity leak investigation and the indictment of former White House aide Lewis Libby (see October 28, 2005), and criticizing the use of the Independent Counsel Law to investigate the Plame Wilson identity leak. The Journal does not inform its readers of Olson’s participation in using the Independent Counsel Law to bring articles of impeachment against former President Clinton. Olson calls the investigation a “spectacle,” questions special counsel Patrick Fitzgerald’s impartiality, and says the entire Plame Wilson-Libby investigation is another example of “special prosecutor syndrome,” a politically motivated investigation run amok. Olson writes that he does not believe Libby is guilty of perjury because “I know him to be an honest, conscientious man who has given a large part of his life to public service.” Any misstatements Libby may have made to investigators (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004) must have been inadvertent failures of memory and not deliberate lies. Moreover, Olson asserts, Libby had nothing to do with exposing Valerie Plame Wilson as a CIA official (see
(see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). [Wall Street Journal, 10/31/2005]
Syndicated conservative columnist Cal Thomas writes that because the Valerie Plame Wilson identity leak investigation is nothing more than a witch hunt to tar Bush administration officials over the war in Iraq, the special prosecutor law under which Patrick Fitzgerald is conducting his investigation should be abolished. According to Thomas, President Clinton was lauded by the media, and his investigator, special prosecutor Kenneth Starr, was universally portrayed as a “sex maniac with a political agenda” who was hounding a “decent man” over a legal, if morally questionable, sexual liaison. “Thus, Clinton’s lies under oath about his affair with Monica Lewinsky were not a big deal.” The media is giving “saturation coverage” to the Libby indictments, Thomas claims, while it gave “short shrift” to Clinton administration indictments such as then-Agriculture Secretary Michael Espy and HUD Secretary Henry Cisneros. The situation is different with accused perjurer Lewis Libby, Thomas writes (see October 28, 2005). Fitzgerald is being praised by media pundits as “an apolitical straight-shooter who is the definition of integrity” (see December 30, 2003, January 1, 2004, July 11, 2005, July 17, 2005, October 13, 2005, October 18, 2005, October 25, 2005, October 27, 2005, and October 29, 2005), and is running a fair and non-partisan investigation into crimes committed by Libby and perhaps other White House officials. According to Thomas, Fitzgerald is doing little more than working for administration critics who didn’t get their way over Iraq: “[t]hose who lost the policy battle over going to war are now fighting a rear-guard action in an attempt to damage the Bush administration and win the political war in time for the 2006 Congressional elections and certainly by the 2008 presidential contest.” Thomas says that since the Independent Counsel Law was passed in 1978 in the wake of the Watergate scandal, it has brought few convictions and cost taxpayers an inordinate amount of money. “Enough Democrats and Republicans have been forced to run this gauntlet that perhaps a truly bipartisan solution can be found to end it,” Thomas concludes. “That Libby’s indictments are not about policy, but about who remembers what and when, ought to be the final straw in this ridiculous process.” [Town Hall (.com), 10/31/2005]
Joseph Galloway. [Source: National Public Radio]Veteran war correspondent Joseph Galloway, a stern critic of the Iraq policies of the administration and the Pentagon, journeys to the Pentagon for what he believes to be a one-on-one lunch with Defense Secretary Donald Rumsfeld. The reporter is surprised to find that Rumsfeld has invited four colleagues along to assist him with Galloway: Peter Pace, the chairman of the Joint Chiefs of Staff; Richard Cody, the vice chief of staff of the Army; the director of the Joint Staff, Walter Sharp; and the Assistant Secretary of Defense for Public Affairs, Larry Di Rita. The highlights of the lunch discussion, which is marked by a series of digressions and tangential conversations, are as follows:
Rumsfeld tells Galloway, “I’m not hearing anything like the things you are writing about.” Galloway responds that he often found that people in positions of such power and influence rarely receive the unvarnished truth. Rumsfeld retorts: “Oh, I know that but I talk to lots of soldiers all the time. Why, I have given over 600 town hall meetings and anyone can ask me anything.”
Rumsfeld then shifts gears to visit one of Galloway’s favorite topics: the question of whether the US Army is broken. Far from being in poor shape, Rumsfeld asserts, the Army is “light years better than it was four years ago.” Galloway counters that Rumsfeld’s strategies are nonsensical if they result in Army and Marine soldiers being sent in endless forays down the same highways to die by roadside bombs. The US is playing to the insurgency’s strong suit, Galloway argues. Rumsfeld agrees, and says he has instructed the US commander in Iraq, General George Casey, to shift the focus from patrolling to “standing up” the Iraqi defense forces. He has told Iraq’s leaders that the US is losing the stomach for the ever-growing casualty count, “and they understand that and agree with it.” Galloway parries Rumsfeld’s talk with a question about the Army sending bill collectors after wounded soldiers who lost limbs in a bombing, or were “overpaid” for combat duty and benefits. Rumsfeld blames the Pentagon’s computer system, and says the problem is being addressed.
Rumsfeld agrees with one of Galloway’s columns that lambasted the Pentagon for doing enemy body counts. “We are NOT going to do body counts,” Rumsfeld asserts. Galloway retorts that the Pentagon is indeed doing body counts and releasing them, and has been doing so for a year. If you don’t want to do body counts, Galloway says, then stop doing them.
Throughout the conversation, Rumsfeld jots down notes on what he considers to be valid points or criticisms. Galloway writes: “Others at the table winced. They had visions of a fresh shower of the secretary’s famous ‘snowflakes,’ memos demanding answers or action or both.” Before Galloway leaves, Rumsfeld shows him some memorabilia and tells him, “I want you to know that I love soldiers and I care about soldiers. All of us here do.” Galloway replies that concern for the troops and their welfare and safety are his only purpose, “and I intend to keep kicking your butt regularly to make sure you stay focused on that goal.” As Galloway writes, “He grinned and said: ‘That’s all right. I can take it.’” [Knight Ridder, 11/2/2005]
The press learns that UN Ambassador John Bolton was contacted in May 2003 by Lewis Libby to find out who sent former ambassador Joseph Wilson on a fact-finding mission to Niger (see February 21, 2002-March 4, 2002 and May 29, 2003). Bolton was the undersecretary of state for arms control and international security affairs when Libby contacted him. The progressive news Web site Raw Story learns of the Bolton contact from lawyers involved in the investigation of the Plame Wilson identity leak, and from documents posted on the investigation’s Web site. The lawyers say that two former Libby aides, John Hannah and David Wurmser, informed special counsel Patrick Fitzgerald of Libby’s inquiry to Bolton (see Before October 17, 2005 and Before October 19, 2005). At the time, Wurmser was on loan from Bolton’s office and serving as a Middle Eastern affairs aide to Vice President Dick Cheney and Libby. Both Hannah and Wurmser have been cooperating with Fitzgerald’s investigation, the lawyers say. MSNBC has reported that Bolton testified before the Plame Wilson grand jury. Wurmser, the lawyers say, has been cooperating for fear that he would be charged for his role in leaking Valerie Plame Wilson’s CIA identity; Hannah began cooperating after learning that he had been identified by witnesses as a co-conspirator in the leak. Raw Story writes: “It is unclear whether Bolton played any other role in the Plame outing, but his connection to the Iraq uranium claims certainly gave him a motive to discredit Wilson, who had called into question the veracity of the Niger documents. A probe by the State Department inspector general revealed that Bolton’s office was responsible for the placement of the Niger uranium claims in the State Department’s December 2002 ‘fact sheet’ on Iraq’s WMD program.” The lawyers say it is doubtful that the information Hannah and Wurmser have provided will ever be made public, but their information was crucial to Fitzgerald’s investigation because it allowed him “to put together a timeline that showed how various governmental agencies knew about Plame [Wilson]‘s covert CIA status.” [Raw Story, 11/2/2005]
Retired Army General Paul Vallely, a military analyst employed by Fox News (see Early 2002 and Beyond, Late September 2003, April 14-16, 2006, and April 18, 2006), says that former ambassador Joseph Wilson revealed his wife’s status as a CIA official over a year before she was exposed by conservative columnist Robert Novak (see July 14, 2003). Vallely’s claims are published by WorldNetDaily (WND), an online conservative news site, after Vallely makes the claims on an ABC Radio talk show hosted by conservative commentator and blogger John Batchelor. Fox News has described Vallely as an expert on psychological warfare (see April 21, 2003). Vallely says Wilson openly discussed his wife, Valerie Plame Wilson, as a CIA official between three and five times in 2002, while the two waited to appear on various Fox News broadcasts. Both Vallely and Wilson served as analysts for Fox News during the US’s run-up to the March 2003 invasion of Iraq. Vallely says the first time Wilson discussed his wife’s CIA status was in the spring of 2002. “He was rather open about his wife working at the CIA,” Vallely says. “He was a total self promoter,” Vallely continues. “I don’t know if it was out of insecurity, to make him feel important, but he’s created so much turmoil, he needs to be investigated and put under oath.” Vallely also says that several acquaintances of his at the CIA have said Wilson routinely introduced his wife as a CIA official at Washington cocktail parties and social events. “That was pretty common knowledge,” he says. “She’s been out there on the Washington scene many years.” If she were a covert agent, Valley says (see Fall 1992 - 1996), “he would not have paraded her around as he did.” Vallely concludes, “This whole thing has become the biggest non-story I know, and all created by Joe Wilson.” Conservative lawyer Victoria Toensing agrees that Plame Wilson is most likely not a covert agent for the agency. WND does not report Wilson’s response to Vallely’s charges, and in several critical references to a Vanity Fair interview given by the Wilsons (see January 2004) the blog misidentifies the date of the interview publication as 2005, not 2004. [WorldNetDaily, 11/5/2005]
CIA Confirmed Plame Wilson's Covert Status - The CIA has repeatedly confirmed Plame Wilson as a covert official, and many observers both inside and outside the agency have noted the extensive damage caused by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006).
Fox News, Conservative Blogs Report Claims - Three days after Vallely’s claims appear on WND, Fox News reports Vallely’s statements. [Fox News, 11/8/2005] And a day after the WND article, Batchelor announces on prominent conservative blog RedState that another analyst will confirm Vallely’s claims. Batchelor says that on November 7, Vallely and retired Air Force General Thomas McInerney will “repeat and expand upon Vallely’s memory that Joe Wilson more than once in 2002 in the green room at Fox New Channel in Washington, DC, boasted about his wife the ‘CIA desk officer.’ McInerney has the same memory and more, since both he and Vallely were on FNC between 150 and 200 times in 2002 each.” [John Batchelor, 11/6/2005]
Wilson Demands Retraction, Counters Claim - Wilson’s attorney, Christopher Wolf, e-mails both Vallely and WND demanding that they retract Vallely’s statements, writing that “the claim that Ambassador Wilson revealed to you or to anyone that his wife worked for the CIA is patently false.” In the e-mail, Wolf includes a message Wilson sent him: “This is slanderous. I never appeared on [TV] before at least July 2002 and only saw him maybe twice in the green room at Fox. Vallely is a retired general and this is a bald faced lie. Can we sue? This is not he said/he said, since I never laid eyes on him till several months after he alleges I spoke to him about my wife.”
Vallely Modifies Original Claim, Others Refuse to Confirm - Progressive media watchdog organization Media Matters notes that in subsequent days, Vallely modifies his original claims, backing down to claim that Wilson revealed his wife’s CIA status on “only one occasion,” which “probably was in that summer, early fall” of 2002. And promises that two other military analysts, retired generals McInerney and Barry McCaffrey, will back up his claims go unfulfilled, as neither is willing to publicly state that Wilson ever spoke to them about his wife. Vallely later says he has not spoken to the FBI about his claims, and tells conservative talk show host Sean Hannity that he waited two years to make the claims because “I figured Joe Wilson would self-destruct at some point in time.” He tells Hannity that he has been “upset” by Wilson’s opposition to the Bush administration’s strategy in Iraq. [Media Matters, 11/9/2005] Batchelor’s promise that fellow conservative commentator Victor Davis Hansen will also confirm the claim also goes unfulfilled. [John Batchelor, 11/6/2005] WND notes, “But contrary to a report, Hanson said Wilson did not disclose his wife’s CIA employment” during their conversations. [WorldNetDaily, 11/8/2005]
Fox News Schedule Shows Vallely, Wilson Never Appeared Together - Progressive blogger John Amato and former CIA agent Larry Johnson pore through the Fox News schedule for the time period Vallely cites—the spring of 2002—and find that Vallely and Wilson never appeared together during that time. Johnson writes: “They were never in the studio on the same day, much less the same program. Vallely is lying or maybe having a senior moment.” [John Amato, 11/7/2005]
Entity Tags: Sean Hannity, Robert Novak, Thomas G. McInerney, WorldNetDaily, Victoria Toensing, RedState (.com), Victor Davis Hansen, Paul Vallely, Valerie Plame Wilson, Larry C. Johnson, Barry McCaffrey, Christopher Wolf, Central Intelligence Agency, Fox News, John Amato, Joseph C. Wilson, Media Matters, John Batchelor
Timeline Tags: Niger Uranium and Plame Outing
Victoria Toensing, a former deputy attorney general in the Reagan administration, writes a guest editorial for the Wall Street Journal that demands the Plame Wilson investigation, as it stands, be closed. Instead, she says, the CIA should be investigated for causing Valerie Plame Wilson’s identity to become public knowledge. Toensing blames the CIA’s “bizarre conduct” for Plame Wilson’s exposure. The CIA is responsible for Plame Wilson’s exposure, Toensing states, by allowing her husband, former ambassador Joseph Wilson, to go to Niger to look into claims that Iraq was trying to buy uranium from that country (see February 21, 2002-March 4, 2002). Toensing writes that Plame Wilson “suggested” her husband for the trip (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). The CIA did not have Wilson write a report, but instead conducted an oral debriefing (see March 4-5, 2002, (March 6, 2002), and March 8, 2002) that, Toensing writes, was never sent to Vice President Dick Cheney’s office (see March 5, 2002). Wilson’s subsequent New York Times op-ed (see July 6, 2003) was not approved or vetted with the CIA’s Prepublication Review Board, something Toensing finds puzzling even though she notes that Wilson was not asked to sign a nondisclosure or confidentiality agreement. She also alleges, without giving specifics, that the statements in Wilson’s op-ed do not jibe with the information in the CIA’s report on his trip, though that report is classified and not available for her inspection. For the CIA to allow Wilson to write the op-ed was, Toensing says, tantamount to giving a green light for Plame Wilson’s exposure as a CIA official. Conservative colunnist Robert Novak, who publicly exposed Plame Wilson (see July 14, 2003), was told by “a still-unnamed administration source” (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) that Wilson’s wife “suggested him for the assignment,” leading Novak to uncover Plame Wilson’s identity. Toensing also claims that Novak was never asked not to publish Plame Wilson’s name in anything but the most “perfunctory” fashion (see (July 11, 2003) and Before July 14, 2003). Toensing defends her allegation by writing: “Every experienced Washington journalist knows that when the CIA really does not want something public, there are serious requests from the top, usually the director. Only the press office talked to Mr. Novak.” Toensing goes on to note that the CIA permitted Plame Wilson to make political contributions under the name “Wilson, Valerie E.,” contributions recorded by the Federal Elections Commission. Toensing concludes, “The CIA conduct in this matter is either a brilliant covert action against the White House or inept intelligence tradecraft,” and demands that Congress conduct an investigation into the CIA’s conduct. [Wall Street Journal, 11/3/2005] The Journal does not inform its readers that Toensing was one of a group of lawyers and conservative activists who filed an amici curiae brief with the court asking that it overturn its decision to compel the testimony of two lawyers in the Plame Wilson investigation (see March 23, 2005).
Bob Woodward, a reporter and managing editor for the Washington Post, is interviewed by the office of special counsel Patrick Fitzgerald. Woodward has agreed to testify about being given the identity of covert CIA official Valerie Plame Wilson by former Deputy Secretary of State Richard Armitage (see After October 28, 2005). Armitage, whom Woodward has not yet publicly identified, revealed Plame Wilson’s identity to Woodward in June 2003 (see June 13, 2003). Woodward says Armitage did not realize that Plame Wilson’s CIA status was classified. [Washington Post, 11/16/2005]
Conservative Washington lawyers David Rivkin and Lee Casey publish a guest editorial in the Wall Street Journal defending the Bush administration, and specifically the indicted Lewis Libby (see October 28, 2005), for their actions in the Plame Wilson identity leak. No crime was committed, Rivkin and Casey allege, and no legal ethics were breached. Valerie Plame Wilson’s identity as a CIA official was moot because, Rivkin and Casey write, “she was not a covert agent—a readily ascertainable fact that should have concluded special counsel Fitzgerald’s investigation almost as soon as it got underway” (see Fall 1992 - 1996). In fact, Rivkin and Casey write, exposing Plame Wilson’s role in her husband Joseph Wilson’s 2002 mission to Africa (see February 19, 2002, February 21, 2002-March 4, 2002, July 22, 2003, October 17, 2003, and July 20, 2005) “was relevant to an accurate understanding of his later allegations against the administration.” In general, the lawyers state, it is not a crime to expose an intelligence official’s “classified” status, only genuine covert agents. Since Plame Wilson was not a covert agent, by Rivkin and Casey’s standards, no crime was committed in exposing her as a CIA official. And even had she been, they continue, certainly no damage could have been done by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). When Wilson decided to publish his New York Times op-ed (see July 6, 2003), the lawyers write, he “eliminated whatever shreds of anonymity” Plame Wilson retained. The lawyers conclude that “the revelation of Ms. Plame [Wilson]‘s connection to the CIA was a public service, neither criminal nor unethical.” [Wall Street Journal, 11/4/2005]
Special prosecutor Patrick Fitzgerald is narrowing his focus on the potential criminal actions of White House political strategist Karl Rove. According to lawyers involved in the Lewis Libby perjury investigation, Fitzgerald is abandoning inquiries into whether Rove lied to a grand jury about his role in the Plame Wilson identity leak, and his characterization of the involvement of President Bush in the leak. Now Fitzgerald is focusing on whether Rove tried to conceal from the grand jury a conversation he had with Time reporter Matthew Cooper in the week before Valerie Plame Wilson’s identity was revealed (see 11:00 a.m. July 11, 2003 and October 15, 2004). Fitzgerald is not sure Rove was fully forthcoming about the belated discovery of an internal e-mail in which he described the conversation with Cooper (see After 11:07 a.m. July 11, 2003 and March 1, 2004), and some within the investigation speculate that Rove may have perjured himself. White House officials have said that Rove will not be asked to leave the administration if he is not indicted. Democratic leaders in Congress have renewed their call for him to resign, reminding Bush of his pledge to demand the “highest ethical standards” from the members of his administration. [New York Times, 11/4/2005] Rove’s lawyer, Robert Luskin, will point to a casual conversation between himself and journalist Viveca Novak as proof that Rove did not deliberately lie about the conversation with Cooper (see March 1, 2004). However, a source familiar with the case tells reporters that Rove had informed Luskin about the Cooper conversation even before his first testimony to the grand jury in February 2004 (see February 2004). Rove then told the jury that he did not remember speaking with Cooper about Plame Wilson. According to the source, Fitzgerald finds it suspicious that Rove did not find the e-mail until after he had subpoenaed Cooper to testify before his grand jury (see May 21, 2004). [Washington Post, 12/3/2005]
New York Post editorial writer Deborah Orin echoes charges made by previous columnists in the Wall Street Journal that special counsel Patrick Fitzgerald is conducting a partisan political prosecution of former White House official Lewis Libby (see October 29, 2005 and October 31, 2005), and repeats charges by former Reagan Justice Department official Victoria Toensing that the CIA is behind the exposure of Valerie Plame Wilson’s covert identity (see November 3, 2005). Orin repeats previously made assertions that the CIA allowed Plame Wilson’s exposure by allowing her to send her husband, former ambassador Joseph Wilson, to Niger (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), failed to have Wilson sign “the usual confidentiality agreement,” and failed to require him to write a written report (see March 4-5, 2002, (March 6, 2002), and March 8, 2002). Orin accuses Wilson of only voicing his public criticism of the Bush administration’s Iraq invasion after he “joined” the presidential campaign of John Kerry (D-MA) in May 2003, even though he began publicly criticizing the administration a year earlier (see May 2002, October 13, 2002, November 2002, December 9, 2002, January 28-29, 2003, February 13, 2003, February 28, 2003, March 3, 2003, March 5, 2003, and March 8, 2003), and the White House began its retaliatory attack against his criticisms in March 2003 (see March 9, 2003 and After). Orin also repeats Toensing’s sourceless assertion that Wilson’s New York Times op-ed about his findings in Niger (see July 6, 2003) “sharply conflicted with what he’d told the CIA.” It was the CIA’s actions, not the White House’s, that led to Plame Wilson’s exposure, Orin avers (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). Orin quotes Toensing, who said: “It [the Plame Wilson exposure] was a planned CIA covert action against the White House. It was too clever by half.” The reason, Orin says, was to divert attention from its intelligence failures surrounding the US failure to find WMD in Iraq: “Having Wilson go public was very useful to the CIA, especially the division where his wife worked—because it served to shift blame for failed ‘slam dunk’ intelligence claims away from the agency. To say that Bush ‘twisted’ intelligence was to presume—falsely—that the CIA had gotten it right.” The White House was merely defending itself from the CIA’s propaganda onslaught, Orin writes, adding that since Plame Wilson was not a covert agent (see Fall 1992 - 1996), the agency was “dishonest” in claiming that its intelligence operations had been damaged by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). [New York Post, 11/7/2005]
Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Deborah Orin, John Kerry, Joseph C. Wilson, Victoria Toensing, Valerie Plame Wilson, New York Post, Patrick J. Fitzgerald, Wall Street Journal
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
Defense lawyers for Lewis Libby (see October 28, 2005) indicate that they will shift their defense strategy. Not only will they claim that their client did not intentionally lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury investigating the Plame Wilson CIA identity leak (see March 5, 2004 and March 24, 2004), they will attempt to impugn the credibility and the accuracy of the journalists who are expected to testify that they learned of Valerie Plame Wilson’s CIA identity from Libby, instead of the other way around, as Libby will likely claim. Three reporters—Judith Miller of the New York Times, Matthew Cooper of Time magazine, and Tim Russert of NBC News—are expected to be the prime focus of the defense’s efforts. It is unclear whether any of the reporters will testify voluntarily, or will resist efforts to have them testify before the jury. [Wall Street Journal, 11/7/2005]
Newsweek’s Evan Thomas writes a profile of Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney who is now suspected of leaking CIA officer Valerie Plame Wilson’s name to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Thomas writes that he doubts either Cheney or Libby were “conspiring to trash” former ambassador Joseph Wilson by outing his wife as a CIA officer. Instead, Thomas writes, “it is much more likely they believed that they were somehow safeguarding the republic. It’s also a good bet that they did not foresee the disastrous consequences of their conversation (see (June 12, 2003)), as well as a series of others between Libby and government officials and several reporters in the summer of 2003. Libby, as well as his boss, operated, at least in their own minds, on a higher plane.” Thomas paints Libby as committed to “duty and honor,” and identifying with “Roman centurions and Plato’s Men of Silver, idealized guardians who cared nothing for celebrity or money but lived only to serve.” Libby idealizes former British Prime Minister Winston Churchill, and has compared Cheney to Churchill, who defied English politicians in the 1930s to agitate against the rising threat posed by Adolf Hitler. So, too, is Cheney taking definitive action against the rising threat of Islamist terrorism, Thomas writes, and Libby is determined to assist him. Outing Plame Wilson was “foolish” and centered in “hubris,” Thomas notes, but puts it down to Libby’s “heroic, romantic sense of his boss and his own role in history,” and his going over the line in service to his country. “[I]t is… likely that Libby was caught up in an ancient trap of the best and the brightest,” Thomas writes, “the belief that they do not have to play by normal rules when they serve a higher calling, and that small lies can be told to protect higher truths.” [Newsweek, 11/7/2005]
The Village Voice’s Sydney Schanberg castigates Washington Post reporter and managing editor Bob Woodward for his behavior in the Plame Wilson investigation. Schanberg is referring to Woodward’s repeated attacks on the investigation and his support for the Bush administration (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). He is as yet unaware of Woodward’s status as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003 and November 14, 2005). Woodward is a rightful icon of investigative journalism due to “the groundbreaking shoe-leather reporting he and Carl Bernstein did on the Watergate scandal in 1972” (see June 15, 1974). Now, though, Schanberg writes, he has become just another well-connected Washington insider. “Doesn’t Woodward remember the reaction by many in the White House press corps, who initially sneered at the [Watergate] story and brushed it off as the fevered product of two lowly cityside reporters covering crime and the courts—which is what Woodward and Bernstein were at the time? I wish I were wrong, but to me Woodward sounds as if he has come a long way from those shoe-leather days—and maybe on a path that does not become him. He sounds, I think, like those detractors in 1972, as they pooh-poohed the scandal that unraveled the Nixon presidency—the scandal that Woodward and Bernstein doggedly uncovered.” Schanberg believes that Woodward has sacrificed his independence and his aggressive stance as an investigator in order to receive the unprecedented access to the White House and other Washington governmental agencies that he enjoys as a high-profile political author. “Critics in the press have suggested that Woodward is too close to some of his sources to provide readers with an undiluted picture of their activities,” Schanberg notes. “His remarks about the Fitzgerald investigation convey the attitude of a sometime insider reluctant to offend—and that is hardly a definition of what a serious, independent reporter is supposed to be. It’s a far piece from Watergate.” [Village Voice, 11/8/2005]
Time reporter Viveca Novak testifies in the Plame Wilson leak investigation. She and her lawyer, Hank Schuelke, meet in Schuelke’s office with special prosecutor Patrick Fitzgerald. Fitzgerald agrees to limit his questioning to Novak’s conversations with Robert Luskin, the lawyer for White House political adviser Karl Rove (see March 1, 2004). In Novak’s later writing, she characterizes the questioning as “No fishing expeditions, no questions about my other reporting or sources in the case.” Fitzgerald says he wants to “remove the chicken bone without disturbing the body.” He asks general questions about when and how often Novak met with Luskin during the period from the fall of 2003 through the fall of 2004; Novak says they met about five times, but she took no notes from their meetings as Luskin did not speak as freely when she took notes. Then Fitzgerald gets to the “chicken bone,” asking if Luskin ever discussed Rove telling reporter Matthew Cooper that Valerie Plame Wilson was a CIA agent (see 11:00 a.m. July 11, 2003). Novak reveals the contents of her conversation with Luskin, and tells Fitzgerald that she believes the conversation may have occurred in May 2004, though she is not sure. As the meeting comes to an end, Fitzgerald tells her that he may want her to testify again, this time under oath. He does not foresee needing to bring her before his grand jury. Eight days later, Schuelke will inform Novak that Fitzgerald does indeed want her to testify under oath (see December 8, 2005). [Time, 12/11/2005]
The National Review publishes an editorial by Cesar Conda, an assistant to Vice President Dick Cheney from January 2001 to September 2003. Conda writes a glowing defense of indicted perjurer Lewis Libby, whom he worked with in Cheney’s office. Conda notes that he was not “personally close” to Libby, and says he has not spoken to him since December 2004. Conda claims no access to the Libby defense team, nor any knowledge of the Libby defense strategy. However, he writes, “I have my own observations of the man, and some commonsense arguments that should to be considered as they relate to the indictment.” Conda calls the portrayal of Libby in special counsel Patrick Fitzgerald’s indictment of him (see October 28, 2005) a “caricature” that “is utterly at odds with his professional and personal history.” Libby, Conda writes, “is honorable, discreet, selfless—a man of unquestionable integrity. Most of his professional career has been spent in public service, as a behind-the-scenes, yet invaluable staffer at the Department of State, the Department of Defense, and the Congress.” Libby served in Cheney’s office “at great personal sacrifice,” according to Conda, choosing to leave “a lucrative private law practice” and “compromis[ing] family time with his two grade-school children—to focus his energies on his all consuming job in the White House.” Conda goes into detail about Libby’s overwhelming workload, a key element of the Libby defense team’s “memory defense” (see January 31, 2006). According to Conda, Libby should be expected to misremember some “fleeting” conversations he may have had with reporters about former ambassador Joseph Wilson and Wilson’s wife, CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, July 10 or 11, 2003, October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Conda claims that Wilson is at the heart of the Libby indictment, and accuses him of falsifying his report about the Iraq-Niger uranium hoax (see March 4-5, 2002 and July 6, 2003). Conda concludes by praising Libby as a man whose “noble” goal was “to protect the American people from terrorism.” [National Review, 11/10/2005]
Washington Post reporter Bob Woodward testifies under oath in a sworn deposition to special counsel Patrick Fitzgerald concerning his knowledge of the identity of outed CIA agent Valerie Plame Wilson (see December 30, 2003), and how he came upon that knowledge. Woodward testifies that he spoke “with three current or former Bush administration officials” in regards to his book Plan of Attack. He testifies for two hours under an agreement that he will only discuss matters specifically relevant to Fitzgerald’s investigation, and with written statements from each of the three administration officials waiving confidentiality “on the issues being investigated by Fitzgerald.” Woodward’s name came to Fitzgerald’s attention after one of the three officials, former Deputy Secretary of State Richard Armitage, told Fitzgerald that he had revealed Plame Wilson’s identity to Woodward (see June 13, 2003 and After October 28, 2005). In his story for the Post about his testimony, Woodward does not reveal Armitage’s identity, but it is soon disclosed by other sources (see March 14, 2006). Woodward spoke with a second administration official, whose identity he also does not disclose, and with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, but says he did not discuss Plame Wilson with either Libby or the other official (see June 23, 2003). He testifies that he did not discuss Plame Wilson with any other government officials (see June 20, 2003) before Robert Novak publicly outed her on July 14 (see July 14, 2003). Woodward notes, “It was the first time in 35 years as a reporter that I have been asked to provide information to a grand jury.” [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 7/3/2007] Investigative reporters for the progressive news Web site Raw Story identify National Security Adviser Stephen Hadley as Woodward’s source for Plame Wilson’s identity, a claim echoed by the Times of London. Hadley refuses to answer questions on the topic. [Raw Story, 11/16/2005; London Times, 11/20/2005] In 2006, the National Security Council will refuse to directly deny Hadley’s involvement, and will request that Raw Story attribute denials to the White House and not to itself.) [Raw Story, 3/19/2006]
Woodward Told Second Reporter about Plame Wilson - Woodward testifies that he told another reporter about Plame Wilson: “I told Walter Pincus, a reporter at the Post, without naming my source, that I understood Wilson’s wife worked at the CIA as a WMD analyst.” Pincus says he has no memory of Woodward telling him anything about Plame Wilson, and says he would certainly have remembered such a conversation, especially since he was writing about Plame Wilson’s husband, war critic Joseph Wilson, at the time (see June 3, 2003, June 11, 2003, June 12, 2003, and (July 11, 2003)). “Are you kidding?” Pincus says. “I certainly would have remembered that.” Pincus believes Woodward is confused about the timing and the nature of their conversations; he remembers Woodward making a vague allusion to Plame Wilson in October 2003. That month, Pincus had written a story explaining how an administration source had contacted him about Wilson. Pincus recalls Woodward telling him that he was not the only person who had been contacted.
Libby Lawyer: Woodward's Testimony Undermines Case against Client - Lewis Libby’s lawyer, William Jeffress, says Woodward’s testimony undermines the case Fitzgerald is building against his client (see October 28, 2005). “If what Woodward says is so, will Mr. Fitzgerald now say he was wrong to say on TV that Scooter Libby was the first official to give this information to a reporter?” Jeffress says. “The second question I would have is: Why did Mr. Fitzgerald indict Mr. Libby before fully investigating what other reporters knew about Wilson’s wife?” [Washington Post, 11/16/2005]
Plame Wilson 'Deeply Disappointed' in Woodward - In 2007, Plame Wilson will write, “I was deeply disappointed that [Woodward] had chosen to react as a journalist first and a responsible citizen only when his source ‘outed’ him to the special prosecutor.” [Wilson, 2007, pp. 238]
Entity Tags: Valerie Plame Wilson, Walter Pincus, Robert Novak, Richard Armitage, Raw Story, Lewis (“Scooter”) Libby, National Security Council, Bob Woodward, Bush administration (43), Joseph C. Wilson, William Jeffress, London Times, Patrick J. Fitzgerald, Stephen J. Hadley
Timeline Tags: Niger Uranium and Plame Outing
Critics of the Bush administration, and of the reporters who helped push its narrative regarding the Iraq invasion, lambast Washington Post reporter Bob Woodward for failing to reveal himself as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003, November 14, 2005, and November 16-17, 2005) while himself attacking the Plame Wilson investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Joshua Micah Marshall writes that while the story of Woodward’s involvement remains “sketchy,” it appears “that Woodward—who has long been publicly critical of the Fitzgerald investigation—has been part of it from the beginning. Literally, the beginning.… At a minimum, though, Woodward seems to have some explaining to do, at least for the fact that he became an aggressive commentator on the leak story without ever disclosing his own role in it, not even to his editors.” [Talking Points Memo, 11/15/2005] The Washington Monthly’s Kevin Drum calls Woodward’s behavior “bizarre,” and says, “I can’t begin to make sense of this.” [Washington Monthly, 11/17/2005] The Washington Post’s Howard Kurtz asks, “Who was this Shallow Throat, and why is this the first we’re hearing about it?” [Washington Post, 11/16/2005] Liberal author and blogger Jane Hamsher is particularly caustic in her criticism, writing: “Woodward stopped being a ‘journalist’ in the true sense of the word long ago—when he decided celebrity status and book sales meant more than the truth. He has gone from being—well, whatever he was, to something much worse: an official peddler of lies told by powerful people to whitewash their criminal activities.” [Jane Hamsher, 11/15/2005] And John Aravosis of the liberal AmericaBlog writes: “It’s also beginning to sound a lot like Bob Woodward is becoming our next Judith Miller (see October 16, 2005). His repeated rants in defense of this administration, and against the special prosecutor, certainly take on a very interesting edge considering Mr. Woodward didn’t bother disclosing that he was quite involved in this story, and was hardly the impartial observer his silence suggested he was. Not to mention, he knew all along that HE TOO had received the leak, suggesting that a clear pattern of multiple leaks was developing, yet he still went on TV and said that all of these repeated leaks were just a slip of the tongue?” (Emphasis in the original.) [John Aravosis, 11/15/2005]
Washington Post reporter Bob Woodward acknowledges testifying in the Plame Wilson investigation (see November 14, 2005), and apologizes to the Post for failing to tell editors and publishers that a senior Bush administration official told him over two years ago that Valerie Plame Wilson was a CIA officer (see June 13, 2003). Woodward is a reporter and assistant managing editor at the Post. While speculation has been rife over which reporters knew of Plame Wilson’s identity, and which administration officials are responsible for blowing her covert status, Woodward has never admitted to being a recipient of the leaked information, and has repeatedly attacked the investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Woodward explains that he did not reveal his own involvement in the case—that Deputy Secretary of State Richard Armitage informed him of Plame Wilson’s CIA status—because he feared being subpoenaed by special prosecutor Patrick Fitzgerald. Woodward says he was trying to protect his sources. “That’s job number one in a case like this,” he says. “I hunkered down. I’m in the habit of keeping secrets. I didn’t want anything out there that was going to get me subpoenaed.” Woodward told his editors about his knowledge of the case shortly after former White House aide Lewis “Scooter” Libby was indicted for perjury and obstruction of justice (see October 28, 2005). [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 11/17/2005]
Woodward 'Should Have Come Forward' - Executive editor Leonard Downie Jr. says Woodward “made a mistake.… [H]e still should have come forward, which he now admits. We should have had that conversation.… I’m concerned that people will get a mis-impression about Bob’s value to the newspaper and our readers because of this one instance in which he should have told us sooner.” Downie adds: “After Libby was indicted, [Woodward] noticed how his conversation with the source preceded the timing in the indictment. He’s been working on reporting around that subject ever since the indictment.”
Questions of Objectivity, Honesty - Woodward’s silence about his own involvement while repeatedly denigrating the investigation causes many to question his objectivity. “It just looks really bad,” says Eric Boehlert, an author and media critic. “It looks like what people have been saying about Bob Woodward for the past five years, that he’s become a stenographer for the Bush White House” (see November 25, 2002). Journalism professor Jay Rosen says flatly, “Bob Woodward has gone wholly into access journalism.” And Robert Zelnick, chair of Boston University’s journalism department, says: “It was incumbent upon a journalist, even one of Woodward’s stature, to inform his editors.… Bob is justifiably an icon of our profession—he has earned that many times over—but in this case his judgment was erroneous.” Rem Rieder, the editor of American Journalism Review, says Woodward’s disclosure is “stunning… [it] seems awfully reminiscent of what we criticized Judith Miller for.” Miller, a reporter for the New York Times, was accused by Times executive editor Bill Keller of misleading the paper by not informing her editors that she had discussed Plame Wilson’s identity with Libby (see October 16, 2005). Rieder calls Woodward “disingenuous” for his criticism of the investigation (see July 7, 2005, July 11, 2005, July 17, 2005, and October 27, 2005) without revealing his own knowledge of the affair. Columnist and reporter Josh Marshall notes, “By becoming a partisan in the context of the leak case without revealing that he was at the center of it, really a party to it, he wasn’t being honest with his audience.” Woodward claims he only realized his conversation with Armitage might be of some significance after Libby was described in the indictment as the first Bush official to reveal Plame Wilson’s name to reporters. Armitage told Woodward of Plame Wilson’s identity weeks before Libby told Miller. Unlike Libby, Armitage did not release Woodward from his promise to protect his identity (see September 15, 2005). [Washington Post, 11/17/2005]
Woodward Denies Quid Pro Quo - Some time later, a colleague will ask Woodward if he were trading information with Armitage on a friendly, perhaps less-than-professional basis. “Was this a case of being in a relationship where you traded information with a friend?” Woodward will respond sharply: “It’s not trading information. It is a subterranean narrative. What do you have? What do you know? If you start making this a criminal act, people will not speak to you.” [Vanity Fair, 4/2006]
Entity Tags: Lewis (“Scooter”) Libby, Eric Boehlert, Bush administration (43), Bob Woodward, Jay Rosen, Leonard Downie, Jr., Valerie Plame Wilson, Washington Post, Richard Armitage, Robert Zelnick, Joshua Micah Marshall, Patrick J. Fitzgerald, Rem Rieder
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
A Washington Post analysis posits that the revelation that Post reporter Bob Woodward was the first to learn of Valerie Plame Wilson’s CIA identity (see June 13, 2003 and November 14, 2005) may “provide a boost” to the legal defense of indicted White House leaker Lewis Libby (see October 28, 2005). Woodward has testified that another government official leaked Plame Wilson’s name to a member of the press—himself—well before Libby’s leaks to other reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Furthermore, Woodward has testified that Libby did not divulge Plame Wilson’s name to him during their two conversations in late June (see June 23, 2003 and June 27, 2003), a time period in which special counsel Patrick Fitzgerald says Libby was passing information about Plame Wilson to reporters and colleagues. The Post writes, “While neither statement appears to factually change Fitzgerald’s contention that Libby lied and impeded the leak investigation, the Libby legal team plans to use Woodward’s testimony to try to show that Libby was not obsessed with unmasking Plame and to raise questions about the prosecutor’s full understanding of events.” Former federal prosecutor John Moustakas says: “I think it’s a considerable boost to the defendant’s case. It casts doubt about whether Fitzgerald knew everything as he charged someone with very serious offenses.” But Randall Eliason, formerly the head of the public corruption unit in the Washington, DC, US Attorney’s Office, says he doubts the Woodward account will have much effect on Libby’s case, and calls such theories “defense spin.” Eliason says: “Libby was not charged with being the first to talk to a reporter, and that is not part of the indictment. Whether or not some other officials were talking to Woodward doesn’t really tell us anything about the central issue in Libby’s case: What was his state of mind and intent when he was talking to the FBI and testifying in the grand jury?… What this does suggest, though, is that the investigation is still very active. Hard to see how that is good news for [White House deputy chief of staff Karl] Rove or for anyone else in the prosecutor’s cross hairs.” The Libby defense team is calling Woodward’s testimony a “bombshell” with the potential to derail Fitzgerald’s case. Rove’s defense lawyers add that Woodward’s testimony benefits their client also. A source the Post calls “close to Rove” says: “It definitely raises the plausibility of Karl Rove’s simple and honest lapses of memory, because it shows that there were other people discussing the matter in what Mr. Woodward described as very offhanded, casual way. Let’s face it, we don’t all remember every conversation we have about significant issues, much less those about those that are less significant.” [Washington Post, 11/17/2005] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, notes: “Fitzgerald did not say that Libby was the first administration official to disclose Valerie Plame Wilson’s identity to a reporter. He said Libby was the first person known to the government to have disclosed her identity. There’s a sea of difference between the two.… I think it’s perfectly clear what Fitzgerald meant in light of his statement at the beginning of the conference—Libby was the first person the investigation uncovered who disclosed the information to a reporter. I see nothing in Woodward’s revelations that affect the charges against Libby. He’s not charged with leaking Plame Wilson’s identity or with engaging in a vendetta against Wilson, although some have said he did both. He’s charged with lying to Fitzgerald’s investigators and the grand jury about what he told reporters and when and what reporters told him—and obstructing justice.” [Jeralyn Merritt, 11/16/2005]
Lawyers David Rivkin and Lee Casey demand that special counsel Patrick Fitzgerald drop his prosecution of former White House official Lewis Libby. In a Washington Times editorial, Rivkin and Casey write that, because Washington Post reporter Bob Woodward has admitted to being the recipient of leaked information about CIA official Valerie Plame Wilson before Libby leaked her covert identity (see November 14, 2005), it is possible that Woodward himself told Libby of Plame Wilson’s CIA status—it is possible that Libby merely “misremembered” the reporter who told him as NBC’s Tim Russert, when it was likely Woodward (see July 10 or 11, 2003). Moreover, the lawyers assert, the likelihood of a jury actually convicting Libby of perjury and obstruction of justice (see October 28, 2005) is unlikely in light of Woodward’s revelation and the “reasonable doubt” they say Woodward’s recent testimony raises. Rivkin and Casey echo previous assertions that the CIA did not bother to ensure the safety of Plame Wilson’s covert status (see November 3, 2005), in effect blaming the agency for her identity being exposed. [Washington Times, 11/17/2005] Rivkin and Casey, in a previous Washington Times editorial, called the exposure of Plame Wilson a “public service” (see November 4, 2005).
The conservative Washington Times demands that special counsel Patrick Fitzgerald drop his prosecution of former White House official Lewis Libby. The editorial joins a guest editorial from two Washington lawyers on the Times’s editorial page making similar demands (see November 17, 2005). As in the lawyers’ op-ed, the Times highlights recent testimony by Washington Post reporter Bob Woodward that he was told of Valerie Plame Wilson’s CIA status before Libby leaked it to the press (see November 14, 2005). Moreover, the Times asserts that Woodward has stated he may have told Libby about Plame Wilson. Together, Woodward’s revelations have “bl[own] a gigantic hole in Patrick Fitzgerald’s recently unveiled indictment of the vice president’s former chief of staff,” the Times concludes. Like the lawyers, the Times’s editorial writers say that Libby merely misremembered the identity of the reporter who told him of Plame Wilson’s identity, confusing Woodward with NBC’s Tim Russert (see July 10 or 11, 2003). And again echoing the lawyers, the Times’s editorial writers argue that “it is at least doubtful whether a reasonable jury would find Mr. Libby guilty.” Therefore, the editorial concludes, “Mr. Fitzgerald should do the right thing and promptly dismiss the indictment of Scooter Libby.” [Washington Times, 11/17/2005]
Conservative columnist Tucker Carlson, writing for MSNBC, claims that the exposure of Valerie Plame Wilson’s CIA identity did not harm US national security, and offers $100 “to the first person who can prove otherwise” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Carlson goes on to note that former White House official Lewis Libby was not the first person to leak Plame Wilson’s identity to the press, as recent revelations from the Washington Post’s Bob Woodward show that Woodward knew of Plame Wilson’s CIA status well before Libby leaked it to New York Times reporter Judith Miller (see November 14, 2005). Carlson says in light of these two facts that Libby never should have been charged with anything (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004), and special counsel Patrick Fitzgerald should apologize to Libby. Moreover, Carlson writes, Fitzgerald is “the enemy” of journalists and the public’s right to know; because of Fitzgerald’s subpoenas to reporters, both reporters and government sources are “spooked.… Thanks to Fitzgerald, there will be fewer leaks from the executive branch in years to come. Fewer leaks mean less information, and therefore a less informed public. We all lose.” [MSNBC, 11/17/2005] Carlson does not inform his readers of his family’s close ties to the Libby defense fund (see February 28, 2006).
Neoconservative John Podhoretz adds his voice to the recent demands from conservatives for special counsel Patrick Fitzgerald to drop his prosecution of former White House official Lewis Libby (see November 10, 2005, November 17, 2005, November 17, 2005, and November 17, 2005). Podhoretz calls Fitzgerald’s investigation an “inquisition,” and, like many of his fellow commentators, points to the recent revelation that reporter Bob Woodward received leaked information about Valerie Plame Wilson’s CIA status before Libby leaked it to a different reporter (see November 14, 2005). In his indictment of Libby (see October 28, 2005), Fitzgerald said that Libby was “the first official to disclose this information outside the government to a reporter” when he told former New York Times reporter Judith Miller about Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald did not know then that another, as-yet-unnamed government official (later revealed to be former Deputy Secretary of State Richard Armitage—see June 13, 2003) had “outed” Plame Wilson before Libby. Therefore, Podhoretz concludes, there is no evidence that Libby knowingly lied to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004) in denying his leaks of Plame Wilson’s identity. “How can it be fair to convict Libby when even the prosecutor himself can’t get the story straight?” Podhoretz asks. [New York Post, 11/18/2005]
Canada becomes the first country to ratify the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Canada’s November 22 ratification comes just 33 days after the international instrument was adopted at the 33rd UNESCO General Conference in Paris, France. The prompt ratification meets a previous public commitment made by Minister of Canadian Heritage Liza Frulla, shortly after the November 22 adoption at the UNESCO Conference, that Canada would be the first to ratify the convention “ideally before Christmas [of 2005].” Frulla recalls at the signing ceremonies in Montreal on November 23, “some people gave me a very skeptical look [after I made that pronouncement], and thought I was dreaming in Technicolor.” But she points out that her resolve to make good the ratification commitment was matched by that of Canadian Prime Minister Paul Martin, who Frulla says “has always been a strong defender and promoter of this convention.” Frulla relates further: “[A]s soon as I got back, we triggered the process so that Canada could be in a position to ratify this convention.… And today we can say mission accomplished. Clearly, this is a great day for our artists, our culture, our cultural industries, and for our country.” Frulla, Martin, Quebec Minister of Culture and Communications Line Beauchamp, and Scott McIntyre and Pierre Curzi, co-chairs of Canada’s Coalition for Cultural Diversity, offer congratulations to each other at the Montreal ceremonies for the convention’s quick ratification in record time. [Coalition Update, 11/2005]
Washington Post media critic Howard Kurtz profiles Bob Woodward, the Post reporter and managing editor who has gone from trailblazing investigative reporter during the Watergate days (see June 15, 1974) to protecting Bush administration sources and lambasting the Plame Wilson investigation while concealing his own involvement as a leak recipient (see November 15-17, 2005 and November 16-17, 2005). “Three decades older and millions of dollars richer, Woodward still has plenty of secret sources, but they work in the highest reaches of the Bush administration,” Kurtz writes. “They are molding history rather than revealing Watergate-style corruption. Some have even used the press to strike back against a critic of their war by revealing the identity of a CIA operative. And the public is no longer as enamored of reporters and their unnamed informants.… In today’s polarized political atmosphere, Woodward’s journalistic methods have been assailed by those who view him as dependent on the Bush inner circle for the narratives that drive his bestsellers.” Kurtz quotes Post executive editor Leonard Downie, Jr. as saying that Woodward “has gone from being someone who was on the outside to someone who has such access, who’s famous, who’s recognized on the street, who’s treated by celebrities and very high officials as an equal.… [H]is access has produced a lot of information about the inner workings of this White House, the Clinton White House, the first Bush administration, and documents, actual documents, that nobody else has gotten.” Downie says that Woodward has admitted to withholding newsworthy information for his books, and has promised to write in a more timely fashion for the Post when he receives such information. But Kurtz then quotes journalism professor Jay Rosen: “Woodward for so long was a symbol of adversarial journalism because of the Watergate legend. But he really has become an access journalist, someone who’s an insider.” David Gergen, a Harvard professor and editor at US News and World Report, says of Woodward: “I do think that Bob’s politics have changed some over the years. He’s much more sympathetic to the establishment, especially the Republican establishment.” Mary Matalin, a former adviser to Vice President Dick Cheney, says: “There is a really deep respect for his work, and a deep desire by [President Bush] to have a contemporaneous, historically accurate account. The president rightly believed that Woodward, for good and ill, warts and all, would chronicle what happened. It’s in the White House’s interest to have a neutral source writing the history of the way Bush makes decisions. That’s why the White House gives him access.” [Washington Post, 11/28/2005] Author and media critic Frank Rich will note that “some of what Woodward wrote was ‘in the White House’s interest’ had to be the understatement of the year. Dubious cherry-picked intelligence from the Feith-WHIG conveyor belt (see August 2002) ended up in Plan of Attack (see Summer 2003) before that information was declassified.… No wonder Matalin thought Woodward had done ‘an extraordinary job.’ The WHIG gang had spun him silly.” [Rich, 2006, pp. 192]
Entity Tags: Howard Kurtz, Bush administration (43), Bob Woodward, Clinton administration, Frank Rich, Leonard Downie, Jr., Washington Post, Jay Rosen, David Gergen, Mary Matalin, Richard (“Dick”) Cheney
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
Viveca Novak. [Source: Annenberg Public Policy Center]The New York Times learns that a conversation between the lawyer for White House official Karl Rove and Time magazine reporter Viveca Novak led Rove to change his testimony to the grand jury investigating the Plame Wilson identity leak (see October 14, 2005). Novak told Rove’s lawyer, Robert Luskin, that her colleague at Time, Matthew Cooper, had possibly learned of Valerie Plame Wilson’s CIA status from Rove (see March 1, 2004). Special prosecutor Patrick Fitzgerald has summoned Novak to testify before his grand jury about the Luskin conversation. Sources say Fitzgerald is still determining whether Rove has been truthful and forthcoming in his multiple testimonies before the jury, and whether he altered his testimony after learning that Cooper might identify him as a source (see October 15, 2004). Previously, Rove testified that he only spoke to columnist Robert Novak (no relation to Viveca Novak) about Plame Wilson’s secret CIA identity (see July 8, 2003), and failed to disclose his similar leak to Cooper (see 11:00 a.m. July 11, 2003). Rove testified that he simply forgot about his conversation with Cooper during previous testimony. [Washington Post, 11/29/2005; New York Times, 12/2/2005] Progressive media watchdog organization Media Matters notes that Novak never disclosed her conversation with Luskin to Fitzgerald, and failed to inform her readers of her contacts and her knowledge of the case in several articles she wrote about the investigation subsequent to her conversation with Luskin. Media Matters also notes that Novak “provid[ed] Luskin with information that might prove crucial to Rove’s defense in the case.… Novak, an experienced journalist working for a prestigious publication, disclosed to Rove’s lawyer information that she did not give to her readers and that Cooper would zealously try to withhold for more than a year on the basis of the purportedly sacrosanct anonymity agreement between a reporter and a source.… Novak may have affirmatively helped Rove—a source the magazine covers and will continue to cover—beat a perjury rap, not by exonerating him through a story in the course of her job, but by providing his lawyer with information in a private conversation.… Novak apparently felt free to disclose to Rove’s lawyer that Cooper might be compelled to testify before a grand jury about the conversation between Cooper and Rove, but she did not accord Time readers the same privilege.” [Media Matters, 12/2/2005] The Washington Post notes that Luskin and Novak are friends. [Washington Post, 11/29/2005]
Time reporter Viveca Novak testifies under oath in the Plame Wilson leak investigation, in an interview at her lawyer Hank Schuelke’s office. Novak has already spoken with special prosecutor Patrick Fitzgerald (see November 10, 2005) about her conversations with Robert Luskin, the lawyer for White House aide Karl Rove (see March 1, 2004), but did not inform her editors of either her conversations with Luskin or her discussion with Fitzgerald until after Fitzgerald asked her to testify under oath. In late November, she informed Time bureau chief Jim Carney, who informed managing editor Jim Kelly. As Novak will later write, “Nobody was happy about it, least of all me.” Before her testimony, various leaks about her involvement in the investigation began appearing in the press, making her “feel physically ill.” Novak also rechecked her notes and found that she had misinformed Fitzgerald about the date of her conversation with Luskin concerning Rove: it was most likely March 1, 2004 and not May 2004. Novak will later write that the second interview is “more focused” than the first one, and her responses are, if anything, even more confused and vague than during her first interview. “I was mortified about how little I could recall of what occurred when,” she will later write. Fitzgerald again focuses on her exchanges with Luskin, sticking to their previous agreement “not to wander with his questions.” [Associated Press, 12/8/2005; Time, 12/11/2005] The leaks about Novak apparently began with Luskin, who told Fitzgerald that Novak inadvertently alerted him last year that her colleague, Matthew Cooper, would have to testify that Rove was his source for an article about Valerie Plame Wilson and her husband, Joseph Wilson (see July 17, 2003). Investigative reporter Jason Leopold writes that it seems Luskin is trying to derail a potential criminal indictment of Rove (see December 7, 2005). [CounterPunch, 12/9/2005]
Entity Tags: Karl C. Rove, Jason Leopold, Hank Schuelke, Jim Carney, Joseph C. Wilson, Patrick J. Fitzgerald, Valerie Plame Wilson, Jim Kelly, Matthew Cooper, Viveca Novak, Robert Luskin
Timeline Tags: Niger Uranium and Plame Outing
The New York Sun exhorts its readers to contribute to the Lewis Libby defense fund (see After October 28, 2005). The Sun, in an op-ed, calls the Libby Legal Defense Fund “a distinguished, bipartisan group” formed to help pay the legal expenses for Libby, whom the Sun says “is the target of a witch hunt by a special counsel,” Patrick Fitzgerald. The government should be paying for Libby’s legal expenses, the editorial states: “After all, he is being prosecuted for carrying out his official duties, defending the president’s agenda on the war in Iraq against an effort to undermine it by the president’s political and ideological rivals. There is no suggestion whatsoever by the prosecutor that Mr. Libby sought to use his political office for private gain.” The editorial goes on to call the case against Libby “frivolous,” and says Americans of all political stripes should consider donating to Libby’s defense, whether they be “a neoconservative who believes that the Iraq war spread freedom… a defender of the freedom of the press who believes that government officials in America should be free to talk to the press without fear of being thrown in prison by a prosecutor… a Clinton loyalist who remembers how special prosecutors were used against the previous administration… a believer in a strong presidency who thinks the whole idea of criminalizing policy differences has a tendency to sap the boldness of the president [, or] a believer in the underdog and want Mr. Libby to have a fair fight against the special prosecutor.” [New York Sun, 12/8/2005]
Time magazine reporter Viveca Novak writes an article discussing her recent testimony to the grand jury investigating the Plame Wilson identity leak. Novak was asked to testify (see December 2, 2005) after special prosecutor Patrick Fitzgerald learned of her conversation with Robert Luskin, the lawyer for White House official Karl Rove. Rove is a primary focus of the leak investigation. In 2004, Novak alerted Luskin that her colleague, Matthew Cooper, had learned of Valerie Plame Wilson’s CIA identity from Rove (see March 1, 2004). That information prompted Luskin to have Rove “alter” his testimony before Fitzgerald’s grand jury, and admit that he had leaked Plame Wilson’s identity to Cooper (see October 14, 2005). Novak defends her conversation with Luskin, admitting that she and Luskin had been casual friends since 1996, and she had used him as a source for several years. Luskin, Novak recalls, informed her in late October 2005 that he had told Fitzgerald of their 2004 conversation, and that Fitzgerald might want to subpoena her to testify. Novak writes that she never considered refusing to testify, since there was no need to try to protect Luskin as a source, and Luskin wanted her to testify anyway. Novak hired a lawyer but did not inform her editors at Time of the upcoming testimony. She spoke with Fitzgerald on November 10 (see November 10, 2005) and testified a month later (see December 8, 2005). Novak notes that Luskin is displeased about her decision to write about their conversation, but, she writes, “I feel that he violated any understanding to keep our talk confidential by unilaterally going to Fitzgerald and telling him what was said. And, of course, anyone who testifies under oath for a grand jury (my sworn statement will be presented to the grand jury by Fitzgerald) is free to discuss that testimony afterward.” After this article is published in Time, the magazine announces, “By mutual agreement, Viveca Novak is currently on a leave of absence.” [Time, 12/11/2005]
Conservative columnist Robert Novak, who first outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), writes that he believes President Bush knows which administration official or officials leaked Plame Wilson’s identity to the press. If Novak is correct, this would implicate Bush in a potential crime. [Washington Post, 7/3/2007]
The authors of a new media study say that they were “surprised” to find how much of a “liberal bias” exists in the American press. The study will later be found to be fundamentally flawed in its methodology and its conclusions (see December 2004). Even the Wall Street Journal and the right-wing Internet media and gossip outlet the Drudge Report are liberally biased, authors Tim Groseclose and Jeffrey Milyo find. The most centrist media outlet of the ones studied is, the authors claim, PBS’s NewsHour with Jim Lehrer. The news report on the study, by the UCLA Newsroom, claims the report is “the first successful attempt at objectively quantifying bias in a range of media outlets and ranking them accordingly.” Groseclose says: “I suspected that many media outlets would tilt to the left because surveys have shown that reporters tend to vote more Democrat than Republican. But I was surprised at just how pronounced the distinctions are.” Milyo adds, “Overall, the major media outlets are quite moderate compared to members of Congress, but even so, there is a quantifiable and significant bias in that nearly all of them lean to the left.” The news report explains that the authors “based their research on a standard gauge of a lawmaker’s support for liberal causes. Americans for Democratic Action (ADA) tracks the percentage of times that each lawmaker votes on the liberal side of an issue. Based on these votes, the ADA assigns a numerical score to each lawmaker, where ‘100’ is the most liberal and ‘0’ is the most conservative. After adjustments to compensate for disproportionate representation that the Senate gives to low-population states and the lack of representation for the District of Columbia, the average ADA score in Congress (50.1) was assumed to represent the political position of the average US voter. Groseclose and Milyo then directed 21 research assistants—most of them college students—to scour US media coverage of the past 10 years. They tallied the number of times each media outlet referred to think tanks and policy groups, such as the left-leaning NAACP or the right-leaning Heritage Foundation. Next, they did the same exercise with speeches of US lawmakers. If a media outlet displayed a citation pattern similar to that of a lawmaker, then Groseclose and Milyo’s method assigned both a similar ADA score.” “A media person would have never done this study,” Groseclose says. “It takes a Congress scholar even to think of using ADA scores as a measure. And I don’t think many media scholars would have considered comparing news stories to Congressional speeches.” According to the study, the “leftward tilt” of news broadcasts by ABC and CBS is “nearly perfectly balanced” by the slight rightward tilt of Fox News. “Past researchers have been able to say whether an outlet is conservative or liberal, but no one has ever compared media outlets to lawmakers,” Groseclose says. “Our work gives a precise characterization of the bias and relates it to known commodity—politicians.” [UCLA Newsroom, 12/14/2005]
Continuing his trend of predicting a resolution in Iraq within six months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman says on CBS, “We’ve teed up this situation for Iraqis, and I think the next six months really are going to determine whether this country is going to collapse into three parts or more or whether it’s going to come together.” [CBS News, 12/18/2005 ; Fairness and Accuracy in Reporting, 5/16/2006]
The media discovers a study from late 2004 purporting to show that the mainstream media in the US is heavily biased towards liberal views (see December 2004 and December 14, 2005). On December 19, MSNBC host Tucker Carlson, a conservative, interviews one of the study’s authors, Jeffrey Milyo of the University of Missouri-Columbia. Milyo repeats the study’s contention that news outlets such as CBS News, the Los Angeles Times, the New York Times, and the Wall Street Journal are heavily liberal in their coverage. Carlson calls the statement “terrifying.” Milyo repeats the assertion often made by conservatives that most reporters “tend to be about as liberal as the voters in Berkeley, California.… And the same is true in academia too, by the way, and you know, so that doesn’t mean that those preconceptions or biases or favoritism infects the job that people do.” [MSNBC, 12/19/2005] The study is also cited on the December 19 edition of Fox News’s morning show, Fox and Friends [Fox News, 12/19/2005; Media Matters, 12/21/2005] , and that evening on Fox’s Special Report with Brit Hume. [Fox News, 12/19/2005] Several other press outlets, such as CBS News, the Memphis, Tennessee Commercial Appeal, and Investors Business Daily also report on the study. [Media Matters, 12/21/2005] On December 20, CNN commentator Jack Cafferty tells viewers: “Let’s talk about media bias. It’s real, according to a new study led by the University of California at Los Angeles, which shows there is a strong liberal bias. Well, there’s a bulletin. Researchers found out that of 20 main media outlets, 18 scored to the left of center. The most liberal of all were the news pages of the Wall Street Journal, not the editorial pages, the news pages. Followed two, three, and four by the CBS Evening News, the New York Times, and the Los Angeles Times. In this study, only Special Report with Brit Hume over there on the F-word network [Fox News] and the Washington Times scored to the right of the average voter. The most centrist media outlets in the country, The News Hour With Jim Lehrer and USA Today.” [CNN, 12/20/2005]
Continuing his trend of predicting a resolution in Iraq within six months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman says on PBS: “We’re at the beginning of, I think, the decisive, I would say six months in Iraq, okay, because I feel like this election—you know, I felt from the beginning Iraq was going to be ultimately… what Iraqis make of it.” [Fairness and Accuracy in Reporting, 5/16/2006]
Continuing his trend of predicting a resolution in Iraq within six months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman writes: “The only thing I am certain of is that in the wake of this election, Iraq will be what Iraqis make of it—and the next six months will tell us a lot. I remain guardedly hopeful.” [New York Times, 12/21/2005; Fairness and Accuracy in Reporting, 5/16/2006]
In the midst of a firestorm of criticism about the Bush administration’s warrantless wiretapping program (see December 15, 2005, December 18, 2005, and December 21, 2005), Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, issues a statement defending the operation and slamming the New York Times for revealing the program’s existence. Harman says, “I believe the program is essential to US national security, and that its disclosure has damaged critical intelligence capabilities.” [Time, 1/3/2006] Evidence will later show that Harman may be defending the program in return for a quid pro quo from Attorney General Alberto Gonzales, who will quash an FBI investigation into Harman’s alleged improprieties involving Israeli lobbyists charged with felonies (see Late 2005 and April 19, 2009).
The Wall Street Journal’s parent company, Dow Jones and Co., issues a statement that challenges the findings of a recent study claiming that the Journal is one of the most “liberally biased” news outlets in America (see December 2004 and December 14, 2005). Dow Jones states: “The Wall Street Journal’s news coverage is relentlessly neutral. Of that, we are confident. By contrast, the research technique used in this study hardly inspires confidence. In fact, it is logically suspect and simply baffling in some of its details. First, its measure of media bias consists entirely of counting the number of mentions of, or quotes from, various think tanks that the researchers determine to be ‘liberal’ or ‘conservative.’ By this logic, a mention of al-Qaeda in a story suggests the newspaper endorses its views, which is obviously not the case. And if a think tank is explicitly labeled ‘liberal’ or ‘conservative’ within a story to provide context to readers, that example doesn’t count at all. The researchers simply threw out such mentions.” The statement criticizes the study’s failure to “characterize” a number of “important policy groups” such as, “say, the Chamber of Commerce, the National Association of Manufacturers, the AFL-CIO, or the Concord Coalition, but that does include People for the Ethical Treatment of Animals?” It goes on to call the study’s attempt to rank the various groups “simply bizarre.” The statement concludes, “Suffice it to say that ‘research’ of this variety would be unlikely to warrant a mention at all in any Wall Street Journal story.” [Poynter Online, 12/21/2005]
Eve Burton, the general counsel for the Hearst Corporation, says the success of the subpoenas and compelled testimony levied against reporters in the Plame Wilson identity leak investigation (see August 7, 2004, August 9, 2004, August 9, 2004, August 12, 2004 and After, August 24, 2004, September 13, 2004, September 15, 2004, October 7, 2004, October 13, 2004, December 2004, February 15, 2005, June 27, 2005, July 1, 2005, July 6, 2005, July 6, 2005, July 11, 2005, July 13, 2005, September 15, 2005, September 29, 2005, September 30, 2005, October 7, 2005, October 12, 2005, November 14, 2005, November 16-17, 2005, and January 20, 2006) has been chilling for reporters. She calls recent developments “troubling,” and continues, “From July to December  we had 42 subpoenas, eight times the number we got in the same six-month period last year.” The language in all the court cases and filings “either invoke[s] the Plame case or they say that now all the rules have changed.” Burton blames the Bush Justice Department in part for the trend, saying: “It is clearly a political decision coming out of the Bush Justice Department to go after the press in this country. In our 42 subpoenas, they will come after anything and everything—B roll at the TV stations, for example. Basic general assignment reporting. A call will come in from the government: ‘I understand you took footage of Joe Blow!’ And the reporter at a station, usually inexperienced, will say, ‘No, we did not take any footage.’ Then we will end up having fights in court with the prosecutor about what constitutes a waiver.” The subpoenas at Hearst, Burton says, involve broadcast stations and newspapers all over the country. “Typically, it is non-published and confidential material” being subpoenaed, she says. “This is the danger of making the press the investigative arm for the government.” Burton and Hearst are fighting every subpoena, no matter how seemingly minor. Burton does not blame special prosecutor Patrick Fitzgerald as much as she blames the increasing lackadaisical attitude of the press itself. “The media has taken its responsibility to fight these subpoenas too loosely,” she says. “When we were fighting every single battle, we were doing better. Then we went through a time when we started to make deals. When you start making deals, you empower people to come after you. It is as simple as that.” [Vanity Fair, 4/2006]
Controversial neoconservative Michael Ledeen, a consultant for the Bush Defense Department, confirms that he was a contributor to the Italian magazine Panorama. A Panorama reporter, Elisabetta Burba, was one of the first to come across forged documents that purported to prove Iraq had attempted to obtain weapons-grade uranium from Niger (see September 12, 2002 and Afternoon October 7, 2002). Ledeen is widely suspected of playing a role in channeling those forged documents to the CIA (see October 18, 2001, December 9, 2001, and April 3, 2005), though he has always denied doing so. Ledeen confirms that “several years ago” he was a “twice a month” contributor to Panorama, but refuses to give further details. He also denies, again, any involvement in the Niger documents: “I’ve said repeatedly, I have no involvement of any sort with the Niger story, and I have no knowledge of it aside from what has appeared in the press,” he writes. “I have not discussed it with any government person in any country.” Reporter Larisa Alexandrovna notes that Ledeen wrote for Panorama during the time that the magazine received the forgeries from an Italian intelligence peddler, and sent them from the US Embassy in Rome via backchannels to the US State Department. Around that same time, Ledeen also allegedly facilitated an unusual meeting between the head of Italy’s military intelligence agency and Stephen Hadley, the deputy national security adviser in the Bush administration
(see September 9, 2002). Hadley has denied discussing anything about uranium during that meeting. [Raw Story, 1/17/2006]
Lawyers for former vice-presidential chief of staff Lewis Libby, charged with perjury and obstruction of justice in the Valerie Plame Wilson identity leak case (see December 30, 2003 and January 16-23, 2007), say they will subpoena a number of journalists and news organizations. The lawyers say the journalists and news organizations’ notes and records will assist in defending their client. [Wall Street Journal, 1/21/2006; Washington Post, 7/3/2007] The defense also intends to ask for a large number of government documents, many of them classified. They do not say what they intend to ask for, or who they intend to subpoena, but they do alert Judge Reggie Walton that the trial could be significantly delayed during the subpoena and discovery processes. The prosecution is expected to resist some of Libby’s lawyers’ requests. [New York Times, 1/21/2006; Wall Street Journal, 1/21/2006] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, writes: “The government wants the case to be about whether Libby lied. The defense wants to complicate the case by asking for everything, from reporters’ notes to government agency records, not just about Libby but about Valerie Plame [Wilson] and especially, what others knew about her and from whom and when and where did they learn it. The defense will try to think of everything the government doesn’t want to turn over and it will ask for that. The media companies will battle Libby’s subpoenas, and Libby’s team is probably hoping that the trial court will rule in his favor, which in turn will result in an appeal by the media groups and a long delay of his trial.” [Jeralyn Merritt, 1/20/2006]
Conservative New York Times pundit David Brooks writes: “[D]espite administration hopes, there is scant reason to believe that imagined Iranian cosmopolitans would shut down the nuclear program, or could if they wanted to, or could do it in time—before Israel forced the issue to a crisis point. This is going to be a lengthy and tortured debate, dividing both parties. We’ll probably be engaged in it up to the moment the Iranian bombs are built and fully functioning.” [Editor & Publisher, 12/4/2007]
Continuing his trend of predicting a resolution in Iraq within six months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman says on the Oprah Winfrey Show: “I think that we’re going to know after six to nine months whether this project has any chance of succeeding. In which case, I think the American people as a whole will want to play it out or whether it really is a fool’s errand.” [Fairness and Accuracy in Reporting, 5/16/2006]
Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), already having contacted a civil liberties group about his knowledge of governmental illegality in eavesdropping on Americans’ telephone and Internet communications (see Early January 2006), contacts Los Angeles Times reporter Joseph Menn about his story. Klein has a packet of evidence showing AT&T’s collusion with the National Security Agency (NSA) in that agency’s surveillance of American citizens. Menn is enthusiastic, and Klein provides him with the full packet of documents he has secured from AT&T, the first time he has shown these documents to anyone (see December 31, 2005). Klein is sure Menn is preparing a “blockbuster” story centering on his evidence and observations. [Klein, 2009, pp. 57]
Lewis Libby’s defense team files a motion with the US District Court to compel the discovery of documents and materials relating to a number of journalists in Libby’s upcoming trial (see January 20, 2006). The filing includes a request for the prosecution to turn over all the information it obtained from reporters about their confidential conversations with Bush administration sources in the course of its investigation. “There can be no information more material to the defense of a perjury case than information tending to show that the alleged false statements are, in fact, true or that they could be the result of mistake or confusion,” the lawyers argue. “Libby is entitled to know what the government knows.” After complaining that the prosecution has refused to provide numerous classified documents the defense has requested (see January 23, 2006), and reiterating its requests for a huge number of White House and CIA documents (see December 14, 2005), the motion asks that documents relating to NBC bureau chief Tim Russert (see July 10 or 11, 2003), Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003 and 2:24 p.m. July 12, 2003), New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), and Washington Post reporter Bob Woodward (see November 14, 2005) be released to the defense. The defense also indicates its interest in information about NBC’s Andrea Mitchell and the Post’s Walter Pincus. [Washington Post, 1/27/2006; New York Times, 1/27/2006; US District Court for the District of Columbia, 1/26/2009 ] Washington lawyer Charles Tobin says that the Libby defense move was expected, and is a result of the prosecution’s aggressive insistence on deposing journalists and forcing them to reveal confidential sources. “I think we could have expected that, when the prosecutor went on a fishing expedition, that the fish he caught would want to look back in the pail,” Tobin says. “The more this case develops, the further we seem to be getting from the core issues of the indictment—and more into the business of journalism and how news gets put out in this town.” [Washington Post, 1/27/2006]
Continuing his trend of predicting a resolution in Iraq within six months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman says on CBS: “I think we’re in the end game there, in the next three to six months… We’ve got for the first time an Iraqi government elected on the basis of an Iraqi constitution. Either they’re going to produce the kind of inclusive consensual government that we aspire to in the near term, in which case America will stick with it, or they’re not, in which case I think the bottom’s going to fall out.” [Fairness and Accuracy in Reporting, 5/16/2006]
A Washington Post article repeats assertions by the National Security Agency (NSA) and the Bush administration that even if the NSA is automatically intercepting and storing millions of domestic phone calls and emails (see January 16, 2004), such computerized surveillance does not legally “count” unless it is examined—i.e. read or listened to—by human analysts. As the Post reports, NSA rules state that “‘acquisition’ of content does not take place until a conversation is interrupted and processed ‘into an intelligible form intended for human inspection.’” The Post article says that “nearly all” of the intercepted “overseas” communications from American citizens have been “dismissed” by intelligence officers who found nothing of interest in them. The Post observes: “Fewer than 10 US citizens or residents a year, according to an authoritative account, have aroused enough suspicion during warrantless eavesdropping to justify interception of their domestic calls, as well. That step still requires a warrant from a federal judge, for which the government must supply evidence of probable cause.” And, according to the Post’s “knowledgeable sources,” no more than 5,000 Americans have had their conversations recorded or their emails examined by intelligence analysts. According to Bush administration officials, the Post reports, “[s]urveillance takes place in several stages… the earliest by machine. Computer-controlled systems collect and sift basic information about hundreds of thousands of faxes, emails, and telephone calls into and out of the United States before selecting the ones for scrutiny by human eyes and ears. Successive stages of filtering grow more intrusive as artificial intelligence systems rank voice and data traffic in order of likeliest interest to human analysts. But intelligence officers, who test the computer judgments by listening initially to brief fragments of conversation, ‘wash out’ most of the leads within days or weeks.” People who have helped develop the computer analysis technology say that “it is a triumph for artificial intelligence if a fraction of one percent of the computer-flagged conversations guide human analysts to meaningful leads.”
Controversy over Legality, Usefulness of Surveillance - National security lawyers say that the high proportion of false leads and innocent bystanders being wiretapped contravenes the “reasonable” search provisions of the Fourth Amendment. One government official says the success rate should be closer to 50 percent—one out of every two persons surveilled—and not less than one percent. “Those who devised the surveillance plan, the official says, “knew they could never meet that standard—that’s why they didn’t go through” the court that supervises the Foreign Intelligence Surveillance Act, or FISA. Bush officials refuse to say whether the NSA is discarding the more than 99 percent of communications that it intercepts and deems useless for further analysis. Jeff Jonas, an IBM scientist who invented a data-mining system now in use by both private and governmental entities, says that the kind of pattern-matching data analysis used by the NSA in its surveillance program is neither useful nor accurate. Those analysis techniques that “look at people’s behavior to predict terrorist intent,” he says, “are so far from reaching the level of accuracy that’s necessary that I see them as nothing but civil liberty infringement engines.” Psychology professor James W. Pennebaker disagrees. “Frankly, we’ll probably be wrong 99 percent of the time,” he says, “but one percent is far better than one in 100 million times if you were just guessing at random. And this is where the culture has to make some decisions.” [Washington Post, 2/5/2006]
Former AT&T Technician: AT&T, NSA Violating Fourth Amendment - Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004) will later take a different view of the issue. In 2009, he will write: “[T]he illegal act happens at the point of seizure by the government, i.e. the splitter—not later, whether or not a medium is involved (see January 16, 2004). That is the whole part of the Fourth Amendment, which demands the government get a warrant to show ‘probable cause’ for seizing things, whatever the government does with it afterwards. What they do later is unknown, and at any rate, their word on anything has proven to be an exercise in prevarication.” [Klein, 2009, pp. 48-49]
Slate reporter John Dickerson, who formerly worked for Time magazine during the initial Plame Wilson identity leak investigation coverage, writes of his knowledge of, and participation in, the investigation, including his knowledge that White House official Karl Rove leaked Valerie Plame Wilson’s CIA identity to Dickerson’s colleague, Matthew Cooper (see 11:00 a.m. July 11, 2003). Dickerson co-wrote a July 2003 Time article with Cooper (see July 17, 2003) that led to Cooper’s subpoena from the Patrick Fitzgerald investigation (see August 9, 2004 and September 13, 2004), his being held in contempt of court (see October 13, 2004), and his eventual testimony (see July 13, 2005). However, Dickerson was never subpoenaed to testify before the Fitzgerald grand jury. He writes that he accompanied the gaggle of reporters with President Bush on his trip to Africa in July 2003, and of the extensive time spent by two “senior administration official[s]” telling him how partisan and unreliable Plame Wilson’s husband Joseph Wilson is, and how he should investigate what “low-level” CIA official sent Wilson to Niger (see July 11, 2003). “I thought I got the point,” Dickerson writes. “He’d been sent by someone around the rank of deputy assistant undersecretary or janitor.” Dickerson goes on to observe, “What struck me was how hard both officials were working to knock down Wilson” (see October 1, 2003). After returning from the trip, Cooper told Dickerson that Rove had informed him of Plame Wilson’s CIA identity. “So, that explained the wink-wink nudge-nudge I was getting about who sent Wilson,” Dickerson writes. Cooper and Dickerson were careful, Dickerson writes, to ensure that other reporters would not learn of Plame Wilson’s CIA identity from either of them. And Dickerson did not want to encroach on Cooper’s arrangement with Rove. Dickerson writes: “At this point the information about Valerie Plame was not the radioactive material it is today. No one knew she might have been a protected agent—and for whatever reason, the possibility didn’t occur to us or anyone else at the time. But it was still newsworthy that the White House was using her to make its case. That Scooter Libby and Karl Rove mentioned Plame to Matt was an example of how they were attempting to undermine Wilson. They were trying to make his trip look like a special family side deal not officially sanctioned by the agency.” [Slate, 2/7/2006; Slate, 2/7/2006] In 2007, former White House press secretary Ari Fleischer will testify that he informed Dickerson of Plame Wilson’s identity (see 8:00 a.m. July 11, 2003), a statement that Dickerson will dispute. [Slate, 1/29/2007]
Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Bush administration (43), Ari Fleischer, John Dickerson, Karl C. Rove, Patrick J. Fitzgerald, Time magazine, Valerie Plame Wilson, Matthew Cooper, Joseph C. Wilson
Timeline Tags: Niger Uranium and Plame Outing
Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), working with a civil liberties group about his knowledge of governmental illegality in eavesdropping on Americans’ telephone and Internet communications (see Early January 2006), has contacted Los Angeles Times reporter Joseph Menn about publishing an article expising AT&T’s collusion with the National Security Agency (NSA) to illegally conduct surveillance against American citizens (see January 23, 2006 and After). Klein believed Menn was enthusiastic about exposing AT&T and the NSA in his newspaper. Instead, Klein is shocked to hear from Menn that the Times’s “top guy” is preparing to meet with Director of National Intelligence John Negroponte to discuss any such publication. “I nearly fell down in shock,” Klein will later write. “[T]hey were actually negotiating with the government on whether to publish!” Menn describes himself to Klein as “demoralized,” and says the chances of getting the story published are “grim.” In his seven years at the Times, Menn tells Klein, he has never seen a story “spiked” for “nefarious reasons,” implying that the reason behind the story’s non-publication are “nefarious.” Klein is also dismayed that the Times has now revealed his existence as a whistleblower to Negroponte, and by extension to the US intelligence apparatus. Two days ago, Klein began emailing a New York Times reporter, James Risen, the co-author of a 2005 expose about the NSA’s surveillance program (see December 15, 2005). After hearing from Menn, Klein emails Risen to inform him of the Los Angeles Times’s decision to “consult” with Negroponte, and also of the lack of interest he has received from Senator Dianne Feinstein’s office (see February 1-6, 2006). Risen calls in fellow reporter Eric Lichtblau, his co-author on the 2005 story, and the two begin working on their own story. Klein remains worried about his personal and professional safety, since, as he will write, “[t]he government was on to me, but I did not yet have a published article and the protection that comes with publicity. I had visions, perhaps paranoid in hindsight, of being disappeared in the night, like [nuclear industry whistleblower] Karen Silkwood.” The Los Angeles Times story will drag on until March 29, when Menn will inform Klein that it is officially dead, blocked by Times editor Dean Baquet. Klein will later learn that Baquet had not only been in contact with Negroponte, but with NSA Director Michael Hayden. In 2007, Baquet will tell ABC News reporters that “government pressure played no part in my decision not to run with the story,” and will say that he and managing editor Doug Frantz decided “we did not have a story, that we could not figure out what was going on” with Klein’s documentation (see March 26, 2007). Klein will call Baquet’s explanation an “absurd and flimsy excuse,” and will say it is obvious that the Los Angeles Times “capitulated to government pressure.” [PBS Frontline, 5/15/2007; Klein, 2009, pp. 59-62]
Entity Tags: James Risen, Dean Baquet, AT&T, Dianne Feinstein, Eric Lichtblau, Joseph Menn, Michael Hayden, John Negroponte, Douglas Frantz, National Security Agency, Los Angeles Times, Mark Klein
Timeline Tags: Civil Liberties
Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), working with a civil liberties group about his knowledge of governmental illegality in eavesdropping on Americans’ telephone and Internet communications (see Early January 2006), is concerned that the New York Times will not publish a story featuring his allegations and evidence against AT&T and the National Security Agency (NSA). Klein was “outed” by Los Angeles Times editor Dean Baquet to the US intelligence apparatus after Klein approached a Los Angeles Times reporter about his story, and Klein is concerned that he lacks the protection that publicity would afford him (see February 11, 2006 and After). New York Times reporters James Risen and Eric Lichtblau fail to contact Klein for weeks during this time period, leaving Klein to wonder if the New York Times, like the Los Angeles Times before it, will fail to publish his story. Klein emails Risen and Lichtblau his full set of AT&T documents proving his allegations in mid-February (see December 31, 2005). Meanwhile, he sends emails containing selected documents to a number of Congressional members. Only one, House Representative Pete Stark (D-CA), responds, promising that he will present Klein’s information to the House Judiciary Committee, but, as Klein will write, “I never heard anything from the Judiciary Committee, or any other committee for that matter.” [PBS Frontline, 5/15/2007; Klein, 2009, pp. 63]
Entity Tags: James Risen, Dean Baquet, AT&T, Eric Lichtblau, House Judiciary Committee, Los Angeles Times, Mark Klein, New York Times, National Security Agency, Fortney Hillman (“Pete”) Stark, Jr
Timeline Tags: Civil Liberties
Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, writes a letter to John Negroponte, the director of national intelligence, regarding his belief that author and Washington Post reporter Bob Woodward revealed classified and potentially damaging information in his 2004 book, Plan of Attack. Rockefeller writes, “According to [Woodward’s] account, he was provided information related to sources and methods, extremely sensitive covert actions, and foreign intelligence liaison services.” Rockefeller is as yet unaware that Lewis “Scooter” Libby, the then-chief of staff to Vice President Dick Cheney, was authorized by President Bush to reveal such information (see April 5, 2006). Two former government officials confirm to reporter Murray Waas that Woodward’s book contains information that has not been made public. The information was provided by the White House in an attempt to bolster its argument that Iraq had WMD, and most of it was later found unreliable. One former senior official says, “The information was never presented to the public because it was bunk in the first place.” Rockefeller writes: “I [previously] wrote both former Director of Central Intelligence (DCI) George Tenet and Acting DCI John McLaughlin seeking to determine what steps were being taken to address the appalling disclosures in [Woodward’s book]. The only response that I received was to indicate that the leaks had been authorized by the administration.” [National Journal, 4/6/2006]
The New York Sun prints an editorial supporting the motion by Lewis Libby to dismiss all charges against him (see February 23, 2006). The Sun agrees with the defense lawyers’ argument that special counsel Patrick Fitzgerald was appointed illictly by the Department of Justice, and calls him “an illegal, extra-constitutional prosecutor.” The Sun cites a statement made by Alexander Hamilton in the Federalist Papers, and a letter written by Roger Sherman, a signer of the Declaration of Independence, opposing the power of the executive branch to appoint officials without Congressional approval. Fitzgerald operates “unchecked,” the Sun states, and entirely outside the law. The Sun also renews its call (see December 8, 2005) for its readers to donate to the Libby defense fund (see February 21, 2006). [New York Sun, 2/24/2006]
Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) say they intend to subpoena news reporters and organizations in defense of their client. Judge Reggie Walton, presiding over the upcoming trial, has yet to rule whether he will allow such subpoenas. Libby’s lawyers say they want to question journalists who have testified that they were the recipients of classified information from Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Walton has set a deadline of April 7, 2006 for any subpoenaed journalists and news organizations to respond as to their intentions to testify in Libby’s trial. [NewsMax, 2/25/2006]
Judge Reggie Walton issues an order significantly curtailing the Lewis Libby defense team’s requests for highly classified White House materials (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and February 21, 2006). Walton’s orders indicate that he may accept the defense team’s requests for some, but not all, of the highly classified Presidential Daily Briefings (PDBs), requests that have become a source of conflict between the defense and the prosecution. “Upon closer reflection, it is becoming apparent to this court that what is possibly material to the defendant’s ability to develop his defense” is not every detail from the briefings that Libby received as Cheney’s national security adviser, Walton says. The defense says it needs the PDBs to establish how busy Libby was with national security matters and therefore bolster their expected defense of Libby’s failure to remember his conversations about outed CIA official Valerie Plame Wilson when he allegedly lied to the FBI and to the grand jury (Libby’s so-called “memory defense”—see October 14, 2003, November 26, 2003, March 5, 2004, March 24, 2004, and January 31, 2006). General descriptions of the briefings from specific time periods might be sufficient, Walton continues. Walton also asks the CIA to tell him what, if any, documents the Libby team has requested from it might be available. Washington attorney Lawrence Barcella says Walton’s efforts would hamper Libby’s defense strategy. “What makes the defense so viable is for him to show the enormity of what he dealt with on a daily basis,” Barcella says. “If you sanitize it just so you can get past the classified information issue, you significantly lessen the potential impact of it.” [Associated Press, 2/27/2006; US District Court for the District of Columbia, 2/27/2006 ] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, states: “I think Libby has boxed himself in on his memory defense. He now has a huge burden to show that he was so preoccupied with other matters on six or seven different occasions that he couldn’t accurately remember what he told or was told by [reporters Judith] Miller, [Matthew] Cooper, and [Tim] Russert. It’s almost like using the space cadet defense many drug defendants offer, rarely sucessfully.” [Jeralyn Merritt, 2/27/2006]
Slate editor John Dickerson, who played a small role in the Valerie Plame Wilson identity leak (see February 7, 2006), writes about the recently launched Lewis Libby defense fund’s Web site created to help raise money for Libby’s defense (see After October 28, 2005 and February 21, 2006). Far from looking like the Web site of an indicted criminal, Dickerson writes, the site’s design makes it seem as if Libby is running for elected office. He is shown with Afghan President Hamid Karzai, while “[o]ther snapshots portray him in soft focus and at oblique angles, the kinds of images candidates use to make themselves look more huggable. Fortunately, Libby’s Web designers didn’t stoop to showing him with dogs and children.”
The 'Soft Sell' - Dickerson says the site is attempting to portray Libby to the American people as a likeable, honest person whose years of public service have left him open to unfair and unwarranted criminal charges. The site claims that Libby has virtually no money with which to fight those charges, and is basically relying on the generosity of the public to help him fight the government. The site does not focus as strongly on the array of powerful Washington Republicans lined up to help Libby raise money, particularly the large number of star fundraisers who raised large amounts of money for the Bush-Cheney presidential campaigns. However, the site notes, the Libby defense fund will not publicly release the names of donors to the fund. The site does focus on what Dickerson calls “the soft Scooter sell.” It intends to “clean… up his image for the public, the press, and potential jurors. The Web site offers a page titled ‘What You Aren’t Hearing,’ with testimonials lined up like movie blurbs.”
Possible Defense Strategy - And, Dickerson writes, the site offers hints as to what Libby’s defense strategy might be.
If the site is accurate, the defense team intends to portray Libby as “a good guy” who, as former Republican congressman Vin Weber says in a testimonial, “is a tough, honorable, honest guy.” He has spent his adult life in “selfless,” and apparently almost penniless, service to his country, fighting for the American people and battling terrorism and other national security threats with every waking breath. He is a “perfectionist,” says former Deputy Defense Secretary Paul Wolfowitz.
Libby just forgot about his knowledge of Plame Wilson’s CIA status, the site emphasizes, because he was too busy serving his country (see January 31, 2006). Former Bush Legislative Affairs Director Nick Calio is quoted as saying: “There are a lot of things that I don’t remember. I go through notes sometimes now and say I don’t even remember being in the meeting, let alone, you know, having said what I said.” Former Bush Solicitor General Theodore Olson adds, “From personal experience as a former public official who has been investigated by a special prosecutor, I know how easy it is not to be able to remember details of seemingly insignificant conversations.”
Dickerson notes that the two arguments are somewhat contradictory. He writes, “Libby’s site has a hard time, because it simultaneously is trying to argue that a) he was likely to forget the Plame episodes and b) he was hypercompetent.”
The site also spends a large amount of time and bandwidth attacking special counsel Patrick Fitzgerald. Seven of the 19 perspectives on Libby are criticisms of Fitzgerald, such as a statement by former Deputy Attorney General Victoria Toensing (see November 3, 2005) that the special counsel “has been investigating a very simple factual scenario and he’s missed this crucial fact.” [Slate, 2/27/2006] Toensing will engage in further criticism of Fitzgerald and the criminal case against Libby in op-eds (see February 18, 2007, February 18, 2007, and March 16, 2007).
According to progressive columnist and blogger Arianna Huffington, conservative MSNBC pundit Tucker Carlson is failing to inform his viewers and readers of his family’s connections to the Lewis Libby defense fund, even as he regularly defends Libby and criticizes his prosecution on his television show and on his blog. Carlson’s father, former Corporation for Public Broadcasting head Richard Carlson, is a heavy donor to the Libby defense fund and a member of the fund’s advisory committee (see After October 28, 2005). Tucker Carlson’s criticisms of special counsel Patrick Fitzgerald (see November 17, 2005) are prominently displayed on the defense fund’s Web site (see February 21, 2006). [Huffington Post, 2/28/2006]
Continuing his trend of predicting a resolution in Iraq within six months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman says on NBC: “I think we are in the end game. The next six to nine months are going to tell whether we can produce a decent outcome in Iraq.” [Fairness and Accuracy in Reporting, 5/16/2006]
Conservative columnist George Will writes that he is reconsidering his earlier support for the Iraq occupation. Will writes that the Bush administration’s relentless rhetoric of victory “just around the corner” and the necessity to “stay the course” is increasingly based on supposition and wishful thinking, and is contradicted by the facts. “Almost three years after the invasion, it is still not certain whether, or in what sense, Iraq is a nation,” Will writes. “And after two elections and a referendum on its constitution, Iraq barely has a government.” The government is riddled with corruption that, in correspondent Lawrence Kaplan’s words, “would have made South Vietnam’s kleptocrats blush.… [C]orruption has helped drive every public service measure—electricity, potable water, heating oil—down below its prewar norm.” The country is torn apart by sectarian violence that cannot be dismissed or negated by US rhetoric. Will concludes that “all three components of the ‘axis of evil’—Iraq, Iran, and North Korea—[are] more dangerous than they were when that phrase was coined in 2002.” [Washington Post, 3/2/2006]
The Chicago Tribune uses commercial, Internet-based data search facilities to discover the names and whereabouts of 2,653 CIA officials, many of them covert. It also discovers some 50 internal agency telephone numbers, and the locations of two dozen secret CIA facilities around the US. The CIA is still grappling with the problem of Internet data search facilities risking the covert status of its employees; Director Porter Goss is said to be “horrified” at the prospect of hundreds of his agency’s officials being exposed via the Internet. “Cover is a complex issue that is more complex in the Internet age,” says CIA spokeswoman Jennifer Dyck. “There are things that worked previously that no longer work. Director Goss is committed to modernizing the way the agency does cover in order to protect our officers who are doing dangerous work.” Dyck refuses to give details of the remedies, “since we don’t want the bad guys to know what we’re fixing.” The Tribune declines to publish any personal information on the CIA employees it has unearthed, and is uncertain which of the 2,653 officials it located are actually covert agents. Most of the secret facilities the Tribune found are in northern Virginia, but some are in Chicago, Florida, Ohio, Pennsylvania, Utah, and Washington State. A senior official says of the data searches, “I don’t know whether al-Qaeda could do this, but the Chinese could.” The Tribune’s data search began with Camp Peary, the Virginia training facility known as “The Farm,” and only recently acknowledged by the agency. [Chicago Tribune, 3/12/2006]
Several news organizations are subpoenaed by the Lewis Libby defense team (see February 27, 2006). The New York Times, NBC News, and Time magazine all say they have been subpoenaed for documents and records pertaining to Libby’s involvement in the Plame Wilson CIA identity leak. The Washington Post says it expects a subpoena as well. Libby’s lawyers want to use reporters to prove that Libby did not intentionally lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004) about disclosing Valerie Plame Wilson’s identity to the press. Instead, they intend to argue that Libby failed to remember important details about his conversations with reporters regarding Plame Wilson’s identity. The New York Times acknowledges that it has been asked to provide notes, e-mail messages, draft news articles, and all other documents that refer to Plame Wilson before July 14, 2003, when her identity was made public (see July 14, 2003), and information regarding its columnist Nicholas Kristof, who wrote an article featuring Plame Wilson’s husband, Joseph Wilson (see May 6, 2003). Times spokeswoman Catherine Mathis says the newspaper has not yet decided whether to comply with the subpoena. She says former Times reporter Judith Miller has received a separate subpoena (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). NBC’s Tim Russert (see July 10 or 11, 2003) and Time’s Matt Cooper (see 2:24 p.m. July 12, 2003) have also been subpoenaed. The Post anticipates receiving a subpoena for its managing editor Bob Woodward (see November 14, 2005 and November 16-17, 2005). [US District Court for the District of Columbia, 3/14/2006 ; US District Court for the District of Columbia, 3/14/2006 ; Reuters, 3/16/2006; New York Times, 3/16/2006] Robert Bennett, a lawyer for Miller, says she will most likely fight the subpoena. “It’s entirely too broad,” he says. “It’s highly likely we’ll be filing something with the court.” [New York Times, 3/16/2006]
Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Catherine Mathis, Bob Woodward, Washington Post, Valerie Plame Wilson, Tim Russert, Joseph C. Wilson, New York Times, NBC News, Matthew Cooper, Nicholas Kristof, Robert T. Bennett, Time magazine
Timeline Tags: Niger Uranium and Plame Outing
Special prosecutor Patrick Fitzgerald files a brief with the court that states unequivocally that the White House orchestrated an attempt to besmirch the character and integrity of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, and October 1, 2003). The New York Times describes Wilson as “the man who emerged as the most damaging critic of the administration’s case that Saddam Hussein was seeking to build nuclear weapons.”
Bush, Cheney at Heart of Smear Campaign - Fitzgerald’s court filing places President Bush and Vice President Dick Cheney directly at the center of the controversy, which erupted when conservative columnist Robert Novak used information from White House sources to “out” Wilson’s wife, Valerie Plame Wilson, as a covert CIA agent (see July 14, 2003). According to Fitzgerald, the White House engaged in “a plan to discredit, punish, or seek revenge against Mr. Wilson.” The filing concludes, “It is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish Wilson.’” Fitzgerald’s portrait of events is at odds with the Bush administration’s narrative, which attempts to portray Wilson as a minor figure whose criticism of the Iraq invasion comes from his personal and political agenda. Fitzgerald is preparing to turn over to the defense lawyers for Lewis Libby some 1,400 pages of handwritten notes—some presumably by Libby himself—that should bolster Fitzgerald’s assertion. Fitzgerald will file papers in support of his assertion that Bush ordered the selective disclosure of parts of the October 2002 National Intelligence Estimate (see October 1, 2002) as part of the White House’s attempt to discredit Wilson.
Fitzgerald: Cheney Headed Campaign - Fitzgerald views Cheney, not Bush, as being at what the Times calls “the epicenter of concern about Mr. Wilson.” Fitzgerald notes that Wilson’s op-ed in the New York Times (see July 6, 2003) “was viewed in the Office of the Vice President as a direct attack on the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.… Disclosing the belief that Mr. Wilson’s wife sent him on the Niger trip was one way for defendant to contradict the assertion that the vice president had done so, while at the same time undercutting Mr. Wilson’s credibility if Mr. Wilson were perceived to have received the assignment on account of nepotism.” Neither Bush’s then-National Security Adviser, Condoleezza Rice, nor Rice’s deputy and eventual successor, Stephen Hadley, knew of the information declassification, Libby indicates. [US District Court for the District of Columbia, 4/5/2006 ; Los Angeles Times, 4/7/2006; New York Times, 4/11/2006; National Journal, 6/14/2006; Washington Post, 7/3/2007]
Bush Authorized Leak of Classified Intelligence - Fitzgerald’s filing also states that, according to Libby’s earlier testimony (see March 5, 2004 and March 24, 2004), Bush directly authorized the leak of classified intelligence to reporters as part of the Wilson smear campaign (see April 5, 2006).
Democrats Dismayed at Allegations of Bush Involvement - Senator Frank Lautenberg (D-NJ) says: “After the CIA leak controversy broke three years ago, President Bush said, ‘I’d like to know if somebody in my White House did leak sensitive information.’ Now we find out that the president himself was ordering leaks of classified information.… It’s time for the president to come clean with the American people.” And in a letter to Bush, Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes in part, “Two recent revelations raise grave new questions about whether you, the vice president and your top advisors have engaged in a systematic abuse of the national security classification process for political purposes.” [Los Angeles Times, 4/7/2006]
Entity Tags: Frank R. Lautenberg, George W. Bush, Lewis (“Scooter”) Libby, Condoleezza Rice, Bush administration (43), Office of the Vice President, Joseph C. Wilson, Patrick J. Fitzgerald, Henry A. Waxman, Richard (“Dick”) Cheney, Valerie Plame Wilson, Stephen J. Hadley
Timeline Tags: Niger Uranium and Plame Outing
Lewis “Scooter” Libby, indicted on charges of conspiracy and obstruction of justice in the investigation of the Valerie Plame Wilson identity leak (see October 28, 2005), testified two years ago that President Bush authorized him to selectively disclose information from the October 2002 National Intelligence Estimate in order to defend the administration’s decision to go to war with Iraq, according to papers filed with the court by special prosecutor Patrick Fitzgerald. Libby’s testimony, to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), has remained secret until now. According to the testimony, Libby received “approval from the president through the vice president” to divulge portions of a National Intelligence Estimate (NIE—see October 1, 2002) regarding Saddam Hussein’s purported efforts to develop nuclear weapons to certain reporters. Libby testified that Vice President Dick Cheney authorized him to divulge the key judgments from the NIE to New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003) because, in Cheney’s opinion, it was “very important” to do so. [US District Court for the District of Columbia, 4/5/2006 ; National Journal, 4/6/2006; Washington Post, 4/13/2006] (A week later, Fitzgerald will modify his filing to read, “some of the key judgments.” The New York Times will report, “The distinction between the two versions is that the second accurately stated that the finding about Iraq’s efforts to obtain uranium was in the report, but was not among its ‘key judgments,’ a term used in intelligence reporting to indicate that a stated conclusion represents the consensus of intelligence agencies.”) [Washington Post, 4/12/2006; New York Times, 4/13/2006] According to the filing: “Defendant testified that the vice president later advised him [Libby] that the president had authorized defendant to disclose the relevant portions of the NIE. Defendant testified that he also spoke to David Addington, then counsel to the vice president, whom defendant considered to be an expert in national security law, and Mr. Addington opined that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 8, 2003). [US District Court for the District of Columbia, 4/5/2006 ; Think Progress, 4/6/2006]
Bush Declassified Information for Purposes of Leaking - According to the court papers, Libby “further testified that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE. [Libby] testified that the vice president had advised [Libby] that the president had authorized [Libby] to disclose relevant portions of the NIE.” Libby testified that such presidential authorization to reveal classified information was “unique in his recollection.” He testified that Cheney specifically had him “speak to the press in place of Cathie Martin [the then-communications director for Cheney] regarding the NIE and Wilson.” Libby added that “at the time of his conversations with Miller and Cooper, he understood that only three people—the president, the vice president, and [Libby]—knew that the key judgments of the NIE had been declassified.” Libby said that Cheney’s senior lawyer, Addington, told him that Bush had, by authorizing the disclosure, effectively declassified the information, a point that legal experts continue to dispute. Since then, Libby has told reporters that Cheney also authorized him to leak classified information to several reporters in the weeks and months before the Iraqi invasion. [US District Court for the District of Columbia, 4/5/2006 ; National Journal, 4/6/2006]
Providing Classified Information to Woodward - Libby also testified that Bush authorized him to provide classified information to author and reporter Bob Woodward. Woodward was working on his book about the administration’s run-up to war with Iraq, Plan of Attack. According to other former senior government officials, Bush directed several White House officials to assist Woodward in preparing the book. One government official says, “There were people on the seventh floor [of the CIA] who were told by [then-CIA Director George] Tenet to cooperate because the president wanted it done. There were calls to people to by [White House communication director] Dan Bartlett that the president wanted it done, if you were not co-operating. And sometimes the president himself told people that they should co-operate.” According to some former officials, the White House provided Woodward with selected information in order to shape the course of his writing. [US District Court for the District of Columbia, 4/5/2006 ; National Journal, 4/6/2006]
Entity Tags: David S. Addington, Matthew Cooper, George J. Tenet, George W. Bush, Dan Bartlett, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Central Intelligence Agency, Lewis (“Scooter”) Libby, Bob Woodward, Valerie Plame Wilson
Timeline Tags: Niger Uranium and Plame Outing
Retired AT&T technician and incipient whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) issues his first press release, summarizing his knowledge of AT&T’s complicity with the National Security Agency (NSA) in that agency’s illegal domestic wiretapping program (see December 31, 2005). Klein has given documentation supporting his claims to the Electronic Frontier Foundation (EFF) in support of that organization’s lawsuit against AT&T (see January 31, 2006). Klein’s press release tells of the NSA’s “secret room” in AT&T’s Folsom Street, San Francisco, facility (see January 2003) and reveals for the first time the NSA’s use of the Narus STA 6400 to comb through the wiretapped data (see January 16, 2004). The release reads in part: “Based on my understanding of the connections and equipment at issue, it appears the NSA is capable of conducting what amounts to vacuum-cleaner surveillance of all the data crossing the Internet—whether that be people’s email, Web surfing, or any other data. Given the public debate about the constitutionality of the Bush administration’s spying on US citizens without obtaining a FISA warrant (see December 18, 2005, December 20, 2005, December 21, 2005, December 21, 2005, December 25, 2005, January 5, 2006, January 10, 2006, January 18, 2006, January 18, 2006, and January 31, 2006), I think it is critical that this information be brought out into the open, and that the American people be told the truth about the extent of the administration’s warrantless surveillance practices, particularly as it relates to the Internet. Despite what we are hearing (see December 19, 2005, December 19, 2005, December 21-22, 2005, and January 19, 2006), and considering the public track record of this administration (see December 24, 2005, Early 2006, January 23, 2006, January 25-26, 2006, and February 2, 2006), I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” Klein issues the press release in part to give himself some publicity, and the protection from government harassment such publicity might entail (see February 11, 2006 and After). [Wired News, 4/7/2006; Wired News, 4/7/2006; Klein, 2009, pp. 66-67]
The New York Times publishes its first report on the allegations by former AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), who is providing evidence and documentation to the Electronic Frontier Foundation (EFF) for that organization’s lawsuit against AT&T (see December 31, 2005 and January 31, 2006). The three-paragraph squib, buried deep in the pages of the “A” section, says that AT&T “cooperated with the National Security Agency in 2003 to install equipment capable of ‘vacuum-cleaner surveillance’ of email messages and other Internet traffic.” The report is based in part on a recent press release issued by Klein (see April 6, 2006), and notes the EFF lawsuit in passing. It admits that Klein has provided some of the documentation to the press, if not to the Times itself (see Mid-February - Late March, 2006), but simply writes that Klein’s documents “describe a room at the AT&T Internet and telephone hub in San Francisco that contained a piece of equipment that could sift through large volumes of Internet traffic.” Klein later calls the brevity and incompleteness of the report “puzzling,” and will say, “Their only purpose seemed to be to signal the government that I had ‘provided’ the New York Times with the documents, while minimizing the story for everyone else.” Klein will speculate, “It looked like some kind of backroom brawl was going on, but the public could not know the details.” [New York Times, 4/7/2006; Klein, 2009, pp. 70] A week later, the Times will publish a more in-depth article (see April 12, 2006).
On Fox News, neoconservative spokesman William Kristol accuses special counsel Patrick Fitzgerald of attempting to besmirch and discredit the White House. Kristol says: “The [Valerie Plame Wilson] leak story is absurd, but I now think the whole prosecution is absurd. I now think it’s a politically motivated attempt to wound the Bush administration.… He is now out to discredit the Bush administration.” [Jane Hamsher, 4/9/2006]
The Washington Post’s editorial staff, led by editor Fred Hiatt, pens an op-ed defending President Bush’s decision to selectively leak classified information (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003) from a 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Apparently the editorial is in response to recent information from special counsel Patrick Fitzgerald that shows Bush and Vice President Dick Cheney deliberately released selected classified information to manipulate public perceptions about the Iraq war (see April 5, 2006, and April 9, 2006). The Post says that a sitting president has the authority to declassify classified information, and Bush did so “in order to make clear why he had believed that Saddam Hussein was seeking nuclear weapons.” It calls the leaking of the information to a variety of press sources “clumsy,” and says the handling of the information exposed Bush “to the hyperbolic charges of misconduct and hypocrisy that Democrats are leveling.” The Post says that nothing was illegal or untoward about Cheney’s method of releasing the information—authorizing his chief of staff, Lewis Libby, to leak the information to New York Times reporter Judith Miller—instead of the usual methodology of officially declassifying the information and then sharing it with the press in a briefing. But Cheney’s actions, the Post says, made “Bush look foolish” when he “subsequently denounced a different leak in the same controversy and vow[ed] to ‘get to the bottom’ of it.” The Post turns its focus onto former ambassador Joseph Wilson, accusing him of lying about his conclusions that Niger had not attempted to sell Iraq any uranium (see July 6, 2003), and saying that the White House made no attempts to smear or discredit him (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). The Post also reiterates the disproven claim that Wilson was sent to Niger by his wife, outed CIA official Valerie Plame Wilson (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Washington Post, 4/9/2006]
Similar Editorials from Three Other Publications - The New York Post, National Review, and Wall Street Journal ran very similar editorials in the days before the Washington Post editorial. [New York Post, 4/7/2006; National Review, 4/8/2006; Wall Street Journal, 4/8/2006]
Post News Report Contradicts Editorial - The same day that the Post publishes the editorial, it also prints an article by veteran reporters Barton Gellman and Dafna Linzer that documents an extensive White House effort to besmirch Wilson’s credibility. The reporters write: “Fitzgerald wrote that Cheney and his aides saw Wilson as a threat to ‘the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.’ They decided to respond by implying that Wilson got his CIA assignment by ‘nepotism.’” [Washington Post, 4/9/2006]
'BushCo Propaganda' - Author and film producer Jane Hamsher, who runs the liberal blog FireDogLake, calls the Post editorial “an unmitigated piece of BushCo. propaganda” and devotes a considerable amount of space to challenging the editorial’s assertions. [Jane Hamsher, 4/9/2006]
Entity Tags: Judith Miller, George W. Bush, Fred Hiatt, Dafna Linzer, Barton Gellman, Joseph C. Wilson, Washington Post, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Jane Hamsher, National Review, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Wall Street Journal, New York Post
Timeline Tags: Niger Uranium and Plame Outing
Special counsel Patrick Fitzgerald accuses “multiple people in the White House” of engaging in a “concerted action” to smear the character of war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), using classified information (see April 5, 2006) to do so. Fitzgerald places Vice President Dick Cheney at the heart of the smear campaign. He uses grand jury testimony from Cheney’s former chief of staff, Lewis Libby (see March 5, 2004 and March 24, 2004), to substantiate his charges. Libby’s efforts to spread false rumors via classified information include his June 2003 meeting with Washington Post reporter Bob Woodward (see June 27, 2003), his two conversations with New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003), and his conversation with Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Fitzgerald says that White House officials besides Cheney, Libby, and White House political strategist Karl Rove are involved in the Wilson smear campaign. According to Fitzgerald, the grand jury has collected so much testimony and so many documents that “it is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish’ Wilson.” [Washington Post, 4/9/2006]
The Chicago Tribune editorial staff pens an op-ed calling on Vice President Dick Cheney to answer for his role in “the surreptitious disclosure of classified information related to the war in Iraq,” and, it adds, “not in the friendly venue of Fox News.” The editorial is apparently sparked by recent information from special counsel Patrick Fitzgerald that shows Cheney and President Bush deliberately released selected classified information to manipulate public perceptions about the war (see April 5, 2006, and April 9, 2006). The Tribune says that Cheney should hold “an unscripted news conference in which the vice president confronts all the questions that have been raised,” and notes, “For him to remain silent amid the current turmoil suggests that he—or the president—has something to hide.” [Chicago Tribune, 4/11/2006]
The Washington Post publishes a report that reveals special counsel Patrick Fitzgerald corrected an earlier statement he made in an April 11, 2006 court filing. On April 5, 2006, Fitzgerald wrote that indicted felon and former White House aide Lewis Libby had, during his conversations with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), misrepresented the significance placed by the CIA on allegations that Iraq had attempted to purchase uranium from Niger. According to Fitzgerald’s original filing, Libby called the CIA finding a “key judgment” from the October 2002 National Intelligence Estimate (see October 1, 2002). The term “key judgment” indicates that the entire US intelligence community concurred with the finding. The assertion was not part of the NIE’s “key judgments,” and was found later in the document. Yesterday, Fitzgerald wrote to Judge Reggie Walton that he wanted to “correct” the sentence that dealt with the issue. That sentence said Libby “was to tell Miller, among other things, that a key judgment of the NIE held that Iraq was ‘vigorously trying to procure’ uranium.” Instead, the sentence should have conveyed that Libby was to tell Miller some of the key judgments of the NIE “and that the NIE stated that Iraq was ‘vigorously trying to procure’ uranium.” [Washington Post, 4/12/2006] Post reporter Dafna Linzer does not reveal that her knowledge of the Fitzgerald correction comes from information improperly leaked by Libby’s defense lawyers (see April 21, 2006). A column attacking Fitzgerald, written by Byron York and published by the National Review, is also based on the information leaked by Libby’s lawyers, as is a news report by the New York Sun’s Josh Gerstein. [New York Sun, 4/12/2006; National Review, 4/13/2006; Jane Hamsher, 4/21/2006]
The New York Times does a more in-depth report on the allegations advanced by former AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), who is providing evidence and documentation to the Electronic Frontier Foundation (EFF) for that organization’s lawsuit against AT&T (see December 31, 2005 and January 31, 2006). The Times published a far briefer report five days earlier (see April 7, 2006). The article provides a brief synopsis of Klein’s allegations—that AT&T worked with the National Security Agency (NSA) to illegally monitor and record millions of Americans’ telephone and Internet communications and thus illegally invaded its customers’ privacy. It also notes, as did the first article, that Klein had provided some of his documentation “to reporters,” though neither article admits that the Times received the documents months beforehand (see Mid-February - Late March, 2006). The new information in the article is the conclusion of “four independent telecommunications and computer security experts” who examined Klein’s documents “at the request of The New York Times.” According to the four experts, the documents “describe equipment capable of monitoring a large quantity of email messages, Internet phone calls, and other Internet traffic. The equipment… was able to select messages that could be identified by keywords, Internet or email addresses, or country of origin and divert copies to another location for further analysis.” All four experts agreed that the documents proved “AT&T had an agreement with the federal government to systematically gather information flowing on the Internet through the company’s network. The gathering of such information, known as data mining, involves the use of sophisticated computer programs to detect patterns or glean useful intelligence from masses of information.” Brian Reid, the director of engineering at the Internet Systems Consortium, says of the AT&T/NSA project: “This took expert planning and hundreds of millions of dollars to build. This is the correct way to do high volume Internet snooping.” An expert who refuses to be named says the documents are “consistent” with Bush administration claims that the NSA only monitored foreign communications and communications between foreign and US locations, in part because of the location of the monitoring sites. (An expert witness, former AT&T and FCC employee J. Scott Marcus, has given testimony for EFF that flatly contradicts this expert’s assertions—see March 29, 2006). The article notes the Justice Department’s objections to Klein’s documents being filed with the court in the EFF lawsuit, and notes that the department withdrew its objections (see Late March - April 4, 2006). It also notes AT&T’s request for the court to order the EFF to return the documents because they are, the firm claimed, “proprietary” (see April 6-8, 2006). AT&T spokesman Walt Sharp says of Klein and the EFF lawsuit: “AT&T does follow all laws with respect to assistance offered to government agencies. However, we are not in a position to comment on matters of national security.” NSA spokesman Don Weber makes a similar statement: “It would be irresponsible of us to discuss actual or alleged operational issues as it would give those wishing to do harm to the United States the ability to adjust and potentially inflict harm.” [New York Times, 4/12/2006] Klein will write of the story, “Finally it was out there in a major newspaper, though I noticed that the New York Times did not show any images of the actual documents, and never called me back for an in-depth followup story.” [Klein, 2009, pp. 71]
Entity Tags: J. Scott Marcus, Brian Reid, AT&T, Bush administration (43), Electronic Frontier Foundation, National Security Agency, Walter Sharp, Mark Klein, Don Weber, New York Times, US Department of Justice
Timeline Tags: Civil Liberties
Judge Reggie Walton threatens to issue a gag order regarding any further material given to the court for the Lewis Libby trial. He warns that lawyers involved in the trial—he does not name which lawyers—have “repeatedly” given information to the press involving material not yet made public. “This court has previously cautioned the parties about making extrajudicial statements and warned that the court would not tolerate this case being tried in the media,” Walton writes. “Despite this court’s prior admonition, it appears that on several occasions information has been disseminated to the press by counsel, which has included not only public statements, but also the dissemination of material that had not been filed on the public docket. The dissemination of such statements and material undoubtedly has the potential to ‘interfere with a fair trial or otherwise prejudice the due administration of justice.’” Criminal defense lawyer Jeralyn Merritt, who covers the Libby case closely on the progressive blog TalkLeft, writes, “I assume this has to do with the [press] writing about Fitzgerald’s letter of correction the night before it was filed” (see April 5, 2006). Merritt adds: “For the record, I have had no contact whatsoever with the Libby defense team or anyone connected to the case or the investigation. When I wrote about the correction letter, my source was the Washington Post.” [US District Court for the District of Columbia, 4/13/2006 ; Jeralyn Merritt, 4/13/2006] Eight days later, the Libby lawyers will admit to leaking information to the press (see April 21, 2006).
After several of Defense Secretary Donald Rumsfeld’s former generals go public with devastating critiques of Rumsfeld’s strategies and planning in Iraq in what comes to be nicknamed the “Generals’ Revolt,” Rumsfeld determines to use the Pentagon’s “military analysts” (see April 20, 2008 and Early 2002 and Beyond) to counter the storm of negative publicity. He has his aides summon a clutch of analysts for a briefing with him (see April 18, 2006); his office reminds one aide that “the boss” wants the meeting fast “for impact on the current story.” Pentagon officials help two Fox analysts, former generals Thomas McInerney and Paul Vallely, write an op-ed for the Wall Street Journal entitled “In Defense of Donald Rumsfeld.” Vallely sends an e-mail to the Pentagon, “Starting to write it now,” and soon thereafter adds, “Any input for the article will be much appreciated.” Rumsfeld’s office quickly forwards Vallely a list of talking points and specifics. Shortly thereafter, a Pentagon official reports, “Vallely is going to use the numbers.” But on April 16, the New York Times, which has learned of the plan, publishes a front-page story about it, sending Pentagon officials into damage-control mode. They describe the session with McInerney and Vallely as “routine,” and issue internal directives to keep communications with analysts “very formal.” One official warns subordinates, “This is very, very sensitive now.” [New York Times, 4/20/2008; Washington Post, 4/21/2008]
David Grange. [Source: CNN]CNN airs commentary from three of its “independent military analysts,” some of whom will later be cited as participants in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). The analysts are retired Army Brigadier General James “Spider” Marks (whom CNN will later fire for conflicts of interest—see July 2007), retired Air Force Major General Donald Shepperd, and retired US Army Brigadier General David Grange. The topic is Defense Secretary Donald Rumsfeld and whether he should resign. After Marks confirms that Rumsfeld repeatedly refused requests from field commanders to send more troops into Iraq during critical battlefield moments (see April 16, 2006), CNN anchor Wolf Blitzer raises the issue of other retired generals calling for Rumsfeld’s resignation.
Grange - Grange dismisses the resignation demands as coming from “a small number of general officers…” Grange says he does not have a close relationship with Rumsfeld, but admits that he participates in “occasional” briefings with Rumsfeld and Pentagon officials. Grange says “it would be inappropriate [for Rumsfeld] to step down right now,” and adds that it really isn’t the generals’ business to make any such recommendations.
Shepperd - Blitzer plays the commentary of retired Army Major General Paul Eaton, who blames Rumsfeld for not putting “enough boots on the ground to prosecute” the Iraq war and has also called for Rumsfeld’s resignation, then asks Shepperd for his commentary. Shepperd, one of the most reliable of the Pentagon’s “independent analysts” (see June 24-25, 2005), says while Rumsfeld made some “misjudgments,” he should not resign. Like Grange, he questions the “propriety” of the retired generals’ speaking out on the subject. “It steps over, in my opinion, the line of the role of military general officers, active or retired, calling for the resignation of a duly appointed representative of the government by a duly elected government. That’s the problem I have with all of this. And it’s hard to have a rational discussion because you quickly get into, is the war going well or not, do we or do we not have enough troops, when the question is one of propriety about these statements.”
Marks - Marks adds his voice to the chorus, saying that “it’s not the place of retired general officers or anyone to make that statement.…[T]he country’s at war. You need to rally around those doing their best to prosecute it.” Though Marks stands with both Grange and Shepperd in defending Rumsfeld from calls for his resignation, he does note that he retired from the Army in part because of Rumsfeld’s cavalier treatment of two of his close friends, retired General Eric Shinseki (see February 25, 2003 and February 27, 2003) and General David McKiernan. [CNN, 4/16/2006]
Entity Tags: Wolf Blitzer, David Grange, David D. McKiernan, CNN, Donald Rumsfeld, Donald Shepperd, Eric Shinseki, James Marks, Paul Eaton, US Department of Defense
Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda
CNN’s Wolf Blitzer interviews one of its military analysts, retired Army General James “Spider” Marks. Blitzer asks Marks if Defense Secretary Donald Rumsfeld ever rejected “recommendations from military commanders for more troops.” Marks replies: “Sure. Oh, absolutely. I mean, that’s been documented if you read General [Tommy] Franks’s book [American Soldier], and the current book, Cobra II [by Michael Gordon and another military analyst, Bernard Trainor], indicates very, very clearly, and in fact, that is in fact what happened. We requested the 1st Cavalry Division. That was denied. At a very critical point in the war, I might say. The metric that was established then was success against the Republican Guard and Saddam [Hussein]‘s forces when clearly the desired end state was what’s going to happen after the forces have been dealt with, and what do you do when you’ve got this military presence in Iraq. Clearly, the presence of more combat forces on the ground would have been needed.” [CNN, 4/16/2006] Later, during a Pentagon briefing of a gathering of military analysts, Rumsfeld will claim that he never denied any such troop increases, but that commanders such as Marks refused to accept additional troops (see Late December, 2006).
A news article by the New York Sun claims that a June 2003 memo from then-Undersecretary of State Marc Grossman never indicated that Valerie Plame Wilson was a covert CIA official, or that her status was classified in any way (see June 10, 2003 and July 20, 2005). (Contrary to the Sun’s reporting, Plame Wilson was a NOC—a “non-official cover” agent—the most covert of CIA officials; see Fall 1992 - 1996, July 22, 2003, and September 30, 2003). The Sun bases its report on a declassified version of a memo provided to it through the Freedom of Information Act. The memo was drafted by the State Department’s head of its intelligence bureau, Carl Ford Jr., in response to inquiries by Grossman. Grossman sent the memo to various White House officials, including the then-chief of staff for Vice President Dick Cheney, Lewis Libby. Previous news reports have indicated that the memo was notated to indicate that the information it contained was classified and should not be made public, but according to the Sun, the paragraph identifying Plame Wilson as a CIA official was not designated as secret, while the other paragraphs were. Robert Luskin, the lawyer for White House deputy chief of staff Karl Rove, says the memo proves that neither Libby, Rove, nor any other White House official broke any laws in revealing Plame Wilson’s CIA status. The Sun also asserts that the memo proves Plame Wilson was responsible for sending her husband, Joseph Wilson, to Niger to find the truth behind claims that Iraq was trying to clandestinely purchase Nigerien uranium, an assertion Wilson calls “absolutely inaccurate” (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [New York Sun, 4/17/2006] The CIA requested that Plame Wilson’s identity not be divulged (see (July 11, 2003) and
Before July 14, 2003), and the agency as well as former officials have acknowledged that the damage done by the disclosure of Plame Wilson’s covert CIA status was “severe” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006).
Entity Tags: New York Sun, Central Intelligence Agency, Carl W. Ford, Jr., Joseph C. Wilson, Karl C. Rove, Robert Luskin, US Department of State, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Marc Grossman
Timeline Tags: Niger Uranium and Plame Outing
Slate reporter John Dickerson, who, as a member of the White House press corps, was cozened by the White House to join in its smear campaign against war critic Joseph Wilson (see July 11, 2003), tells his readers to donate to the Lewis Libby legal defense fund. Libby is facing perjury and obstruction charges over his participation in the White House-orchestrated exposure of CIA officer Valerie Plame Wilson. Dickerson claims that his solicitation for donations for Libby is motivated by a desire for the truth to come out about the White House’s involvement in the Wilson smear campaign and the Plame Wilson exposure, writing: “Usually the public has to wait for the tell-all books published after a president leaves office for juicy depictions of the infighting, back-stabbing, and pettiness. But Libby’s trial, which starts in January, will offer a sneak preview. There will be memos and meeting notes about the most secret administration activities. And since the testimony from current and former Bush officials will be under oath, it’s likely to be closer to the truth than anything we’d ultimately find at the bookstore. The Bush administration has been so opaque and has dissembled so often that we should embrace anything that forces candor about the past or encourages it in the present.” Moreover, Dickerson writes, “Libby might need a hefty defense fund if the administration decides to throw him under the bus,” and notes, “If things had not gone a certain way for John Dickerson, he could have needed a fund, too” (see February 7, 2006). Dickerson writes that special counsel and government prosecutor Patrick Fitzgerald is not, as yet, being particularly forthcoming about the evidence he is collecting as part of his upcoming prosecution of Libby. To adequately mount his defense, Libby needs more access to Fitzgerald’s documents than he has previously been granted, and is battling in court to convince Judge Reggie Walton to force the disclosure of a wide array of government documents, many of which are classified. Dickerson writes: “I hope Libby wins this battle. The more we know about what went on before and after the invasion of Iraq, the better. And we want to see it now, while everyone’s memory is fresh and people can be put under oath.… The better job Libby’s defense team does compelling Fitzgerald to open his files, the better we’ll understand what went wrong.” [Slate, 4/17/2006]
Smarting from the media criticism sparked by the “Generals’ Revolt” and the subsequent revelation of Pentagon attempts to manipulate the media in response (see April 14-16, 2006), about 17 military analysts (see April 20, 2008 and Early 2002 and Beyond) meet with Defense Secretary Donald Rumsfeld and Joint Chiefs of Staff Chairman General Peter Pace. The subject, according to a transcript of the session, is how to marginalize war critics and pump up public support for the war. (Only Rumsfeld and Pace are identified by name in the transcript.) One analyst says bluntly: “I’m an old intel guy. And I can sum all of this up, unfortunately, with one word. That is Psyops [psychological operations]. Now most people may hear that and they think, ‘Oh my God, they’re trying to brainwash.’” Rumsfeld cuts the analyst off with a sarcastic comment: “What are you, some kind of a nut? You don’t believe in the Constitution?” Rumsfeld’s words draw laughter. Few of the participants discuss any of the actual criticism from the former generals.
'Illegal or Immoral'? - Interestingly, Rumsfeld acknowledges that he has been warned that his “information operations” are possibly “illegal or immoral.” He retorts: “This is the first war that’s ever been run in the 21st century in a time of 24-hour news and bloggers and internets and emails and digital cameras and Sony cams and God knows all this stuff.… We’re not very skillful at it in terms of the media part of the new realities we’re living in. Every time we try to do something someone says it’s illegal or immoral, there’s nothing the press would rather do than write about the press, we all know that. They fall in love with it. So every time someone tries to do some information operations for some public diplomacy or something, they say oh my goodness, it’s multiple audiences and if you’re talking to them, they’re hearing you here as well and therefore that’s propagandizing or something.” [US Department of Defense, 4/18/2006 ]
Iraq Losses 'Relative' in Comparison to 9/11 - The analysts, one after the other, tell Rumsfeld how “brilliant” and “successful” his war strategy is, and blame the news media for shaping the public’s negative opinion about the war. One participant says, “Frankly, from a military point of view, the penalty, 2,400 brave Americans whom we lost, 3,000 in an hour and 15 minutes [referring to the 9/11 attacks], is relative.” An analyst says: “This is a wider war. And whether we have democracy in Iraq or not, it doesn’t mean a tinker’s damn if we end up with the result we want, which is a regime over there that’s not a threat to us.” Rumsfeld agrees with the assessments. The biggest danger, the analysts agree, is not in Iraq, but in the public perceptions. The administration will suffer grave political damage if the perception of the war is not altered. “America hates a loser,” one analyst says.
'Crush These People' - Most of the session centers on ways Rumsfeld can reverse the “political tide.” One analyst urges Rumsfeld to “just crush these people,” and assures him that “most of the gentlemen at the table” would enthusiastically support him if he did. “You are the leader,” the analyst tells Rumsfeld. “You are our guy.” Another analyst suggests: “In one of your speeches you ought to say, ‘Everybody stop for a minute and imagine an Iraq ruled by al-Zarqawi.’ And then you just go down the list and say, ‘All right, we’ve got oil, money, sovereignty, access to the geographic center of gravity of the Middle East, blah, blah, blah.’ If you can just paint a mental picture for Joe America to say, ‘Oh my God, I can’t imagine a world like that.’” Several of the analysts want to know what “milestone” they should cite as the next goal; they want to, as one puts it, “keep the American people focused on the idea that we’re moving forward to a positive end.” The suggestion is to focus on establishing a new and stable Iraqi government. Another analyst notes, “When you said ‘long war,’ you changed the psyche of the American people to expect this to be a generational event.” They are also keenly interested in how to push the idea of a war with Iran. When the meeting ends, an obviously pleased Rumsfeld takes the entire group and shows them treasured keepsakes from his life.
Desired Results - The results are almost immediate. The analysts take to the airwaves and, according to the Pentagon’s monitoring system (see 2005 and Beyond), repeat almost verbatim the Pentagon’s talking points: that Rumsfeld is consulting “frequently and sufficiently” with his generals; that Rumsfeld is not “overly concerned” with the criticisms of his leadership; and that their briefing focused “on more important topics at hand,” including the next milestone in Iraq, the formation of a new government. Days later, Rumsfeld will write himself a memo distilling the analysts’ advice into bullet points. Two are underlined: “Focus on the Global War on Terror—not simply Iraq. The wider war—the long war” and “Link Iraq to Iran. Iran is the concern. If we fail in Iraq or Afghanistan, it will help Iran.”
'Total Disrespect' - At least one analyst is not pleased. ABC’s William Nash, a retired general, will recall, “I walked away from that session having total disrespect for my fellow commentators, with perhaps one or two exceptions.” [New York Times, 4/20/2008]
Lawyers for NBC News, the New York Times, Time magazine, and Time reporter Matt Cooper file motions to quash the Lewis Libby defense team’s subpoenas (see March 14, 2006). Lawyers for the Times argue that the newspaper “has a substantial First Amendment interest, and common law qualified privilege against compelled production of unpublished information of the kind sought by Libby.” Time magazine notes Libby’s argument that since he believed Valerie Plame Wilson’s CIA identity was well known within the Washington press corps, he needs to show that her employment was discussed by reporters in June and July 2003, when he was meeting with reporters. Time says that the Libby argument should not allow his lawyers to conduct a broad search for potentially helpful evidence. “Although Mr. Libby has claimed a right to know what information the press corps in general possessed concerning Mrs. Wilson’s affiliation with the CIA, under that theory he would be entitled to subpoena all reporters in Washington to learn what they knew, and when they knew it,” Time argues in its motion. “There is no stopping point to this approach.” Other lawyers for the news organizations call the Libby subpoenas “fishing expeditions.” NBC News argues that it has no documents that show that any network employee, including reporters Andrea Mitchell and Tim Russert, knew that Plame Wilson was employed by the CIA before her public exposure (see July 14, 2003). Through his lawyers, Cooper argues that the subpoena from Libby is “materially the same as the subpoena issued to Time Inc.” by special counsel Patrick Fitzgerald, and is “overbroad, unreasonable, and burdensome… and seeks information protected by the reporter’s privilege that exists under the First Amendment.” [US District Court for the District of Columbia, 4/18/2006 ; New York Times, 4/19/2006; Washington Post, 4/19/2006]
The Washington Post acknowledges that it has recently turned over notes and materials to the Lewis Libby defense team in response to a subpoena it had received (see March 14, 2006). In a statement, the Post says it has turned over “the complete version of [reporter] Bob Woodward’s memo of his interview with Mr. Libby on June 27, 2003 (see June 27, 2003). This action did not pose legal or journalistic concerns to the Post or Mr. Woodward.” [New York Times, 4/19/2006]
After a meeting (see April 18, 2006) with a selection of military analysts, retired officers chosen by the Pentagon for their ability to promote the administration’s Iraq policies on television (see April 20, 2008 and Early 2002 and Beyond), Defense Secretary Donald Rumsfeld makes an interesting note to himself concerning the briefing. In his memo, which distills the analysts’ advice into bullet points, he writes: “Focus on the Global War on Terror—not simply Iraq. The wider war—the long war,” and “Link Iraq to Iran. Iran is the concern. If we fail in Iraq or Afghanistan, it will help Iran.” [New York Times, 4/20/2008]
Progressive columnist, author, and blogger Arianna Huffington writes that the recent motions by the New York Times, Time magazine, and other news organizations to quash subpoenas issued by the Lewis Libby defense team (see April 18, 2006) raise more questions than the organizations may be willing to answer. Huffington says that lawyers for the New York Times and its reporter Judith Miller are correct in calling Libby’s subpoenas a “fishing expedition” and accusing the lawyers of casting an overly “wide net.” However, the Times motion, in conjunction with the original Libby subpoena (see March 14, 2006), reveals that Libby’s lawyers want to know more about the situation surrounding Miller’s July 2003 conversation with Libby, in which he divulged classified information to her in order to influence her reporting on Iraq (see 8:30 a.m. July 8, 2003). Specifically, Libby’s lawyers, as well as Huffington and others, want to know if Miller proposed writing a story based on Libby’s disclosures. As Huffington writes: “If she did pitch the story, which Times editor did she pitch it to? What was their reaction? Why did no story result? Had the editors become so suspect of Miller’s sources and reporting that they refused to sign off on the story? Was she officially barred from writing about Iraq/WMD?” Huffington observes that it is obvious the Libby team intends to impugn Miller’s integrity as a journalist, and writes that such a defense tactic “mak[es] it all the more important for the paper to stop operating behind a veil of secrecy when it comes to Miller.” Huffington also notes that Miller has spoken to Times in-house lawyer George Freeman and to Vanity Fair reporter Marie Brenner about Valerie Plame Wilson; Brenner wrote an article saying that Miller had talked to numerous government officials about Plame Wilson’s identity both before and after her outing by columnist Robert Novak (see July 14, 2003). [Huffington Post, 4/20/2006] Lawyer Jeralyn Merritt, writing for the progressive legal blog TalkLeft, notes that special counsel Patrick Fitzgerald is likely very interested in determining which government officials Miller may have spoken to about Plame Wilson, but goes on to write that Miller may have already disclosed that information to Fitzgerald. [Jeralyn Merritt, 4/20/2006]
Entity Tags: New York Times, Jeralyn Merritt, George Freeman, Arianna Huffington, Judith Miller, Marie Brenner, Patrick J. Fitzgerald, Time magazine, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
William Jeffress, one of Libby’s lawyers. [Source: Life]The legal team for accused felon Lewis Libby admits to twice leaking information to the media (see April 12, 2006). The admissions are included in a filing submitted by Libby’s lawyers in response to Judge Reggie Walton’s threat to issue a gag order (see April 13, 2006). The threatened gag order was in response to multiple press leaks emanating from “unnamed sources” involved in the Libby trial. Libby’s lawyers oppose the proposed gag order, which would dramatically curtail the lawyers’ ability to speak to reporters about the legal proceedings; special prosecutor Patrick Fitzgerald says he has no opinion on a gag order because his office does not talk to the media anyway. Libby’s lawyers acknowledge leaking two documents: Fitzgerald’s “correction” letter to an earlier statement implying that Libby had mischaracterized some of the elements of the 2002 National Intelligence Estimate (see October 1, 2002) to reporter Judith Miller, and information given to a Washington Post reporter to correct what lawyer William Jeffress believed was a misunderstanding on that reporter’s part that might have resulted in erroneous information being reported.
First Leak - Libby’s lawyers say they released the Fitzgerald letter to the press “in good faith,” and do not believe the release goes against the court’s earlier restrictions on making information public. They write: “When we received the letter, we assumed that the government wanted to correct the public record. We thought the government was motivated to file the letter because the government had realized that the erroneous sentence in its brief was responsible for spawning false news reports and wholly unjustified conjecture about possible misdeeds by Mr. Libby and his superiors. Nothing about the letter indicated that it was not to be disclosed publicly. It was not designated as confidential under the protective order in this case, and it did not contain any
classified information.… When we received the letter, we simply assumed that it was a public filing that was intended to be entered in the public docket, because we believed its sole purpose was to correct inaccurate statements in a publicly filed brief. Accordingly, we swiftly disseminated it to the media—without any public statements by defense counsel—for the purpose of preventing the publication of any additional incorrect reports that Mr. Libby, the president, and/or the vice president had lied to the press and the public.” The lawyers deny releasing the letter for any “tactical advantage or for any other improper purpose.”
Second Leak - Jeffress spoke with one of two Washington Post reporters, R. Jeffrey Smith or Jim VandeHei. The reporter apparently misunderstood the content of an argument in an earlier legal brief, and called Libby’s legal team to discuss the brief. The reporter intended to file a report showing that Fitzgerald’s evidence undermined Libby’s contention that no one in the Bush White House was overly concerned with the criticisms of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Jeffress’s intent, he tells Judge Walton, was merely to ensure that the Post published an accurate news report that did not misconstrue the legal brief. Again, Jeffress says that he intended to gain no “tactical advantage” or “to interfere with a fair trial or otherwise prejudice the due administration of justice.” He was, he asserts, merely concerned that such an inaccurate report “would have been unfairly prejudicial to Mr. Libby.”
Convincing Arguments? - Criminal lawyer Jeralyn Merritt, writing for the blog TalkLeft, says that she finds the rationales for the two leaks convincing, and doubts that Judge Walton will issue any gag order. [Jeralyn Merritt, 4/21/2006; US District Court for the District of Columbia, 4/21/2006 ; US District Court for the District of Columbia, 4/21/2006 ; US District Court for the District of Columbia, 4/21/2006 ]
Not the Only Press Leaks? - Author and blogger Marcy Wheeler, who has covered the trial since before it started, contends that Libby’s team is trying to imply that these two leaks are the only ones it has made. She strongly disagrees with this implication, and says that while there is no way to know what, if any, information the Libby team has leaked to the press besides these two incidents, the entire trial is about carefully orchestrated press leaks and Libby’s perjury about said leaks, and says she doubts the Libby team’s contention that they have not leaked other information to any members of the press. [Marcy Wheeler, 4/22/2006]
Entity Tags: Jeralyn Merritt, Jim VandeHei, Lewis (“Scooter”) Libby, Bush administration (43), Marcy Wheeler, Judith Miller, William Jeffress, Patrick J. Fitzgerald, Joseph C. Wilson, R. Jeffrey Smith, Washington Post, Reggie B. Walton
Timeline Tags: Niger Uranium and Plame Outing
Continuing his trend of predicting a resolution in Iraq within a matter of months—a trend that has been ongoing since at least November 2003 (see May 6-11, 2006)—New York Times foreign affairs columnist Thomas Friedman says on CNN: “Can Iraqis get this government together? If they do, I think the American public will continue to want to support the effort there to try to produce a decent, stable Iraq. But if they don’t, then I think the bottom is going to fall out of public support here for the whole Iraq endeavor. So one way or another, I think we’re in the end game in the sense it’s going to be decided in the next weeks or months whether there’s an Iraq there worth investing in. And that is something only Iraqis can tell us.” [CNN, 4/23/2006; Fairness and Accuracy in Reporting, 5/16/2006]
CBS’s 60 Minutes airs a half-hour interview with Italian journalist Elisabetta Burba, the first reporter to obtain the now-infamous forged documents that purported to show that Iraq attempted to buy uranium from Niger (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 now-defunct 60 Minutes II had planned to show the segment just before the November 2004 elections, but questions from right-wing bloggers and commentators about another 60 Minutes II segment—one that showed President Bush did not fulfill his Texas Air National Guard duties during the Vietnam War—led CBS executives to pull the segment (see Late September 2004). [Newsweek, 9/23/2004; Rich, 2006, pp. 142-143; CBS News, 4/23/2006] CBS News president Andrew Heyward refused to air the story during the last week of September 2004, saying it would be “inappropriate” to air it during the last weeks of the 2004 presidential election campaign. Media observer Mary Jacoby says the CBS report contains little new information, but “is powerfully, coherently, and credibly reported.” She calls CBS “cowardly” for not airing the segment when it was originally scheduled. [Salon, 9/29/2004] Author Jane Hamsher, the owner of the progressive blog FireDogLake, writes that the 60 Minutes segment is “a simple, direct narrative that will reach millions of Americans and let them know that they have been duped.” The segment does not delve into the outing of CIA official Valerie Plame Wilson, staying strictly with the Iraq-Niger uranium claims, and, she writes, demonstrates that the officially sanctioned “investigations” into the claims were little more than “partisan hatchet jobs.” [Jane Hamsher, 4/23/2006]
Jim Lehrer interviews Richard Kerr and Ray McGovern about the firing of CIA official Mary McCarthy. [Source: PBS]In an interview on PBS, two former CIA officials agree that fired CIA official Mary McCarthy should have been relieved of her duties by the agency (see April 21, 2006 and April 24, 2006), but have very different opinions on the context of the firing. News anchor Jim Lehrer interviews Richard Kerr, a former deputy director of the CIA under President George H. W. Bush, and veteran CIA analyst Ray McGovern, who is an outspoken critic of the Bush administration’s intelligence policies.
Moral and Legal Responsibility to Disclose War Crimes - McGovern says that McCarthy “was cognizant of war crimes [committed by the Bush adminsitration]. She needed to do something about that, from a moral and a legal perspective. And she chose this way to do it, because the other ways were blocked for her.” Kerr disagrees, saying “[i]t’s not at all clear to me that his description of the activity is fitting.” Either way, Kerr says, as a junior officer, McCarthy had no right to take her concerns public in any manner. “There’s all kinds of ways to go through the organization to make your feelings known, to give your views of it,” Kerr says, “[a]nd I think going out independently, with that kind of discipline, no intelligence organization can work that way.” McGovern agrees in principle, but says that McCarthy’s case is “exceptional.” McCarthy knew that the CIA was torturing prisoners in secret prisons around the globe (see November 2-18, 2005), and had no other means to alert the public to the war crimes being committed by the agency at the behest of the White House. McGovern says that her boss, CIA Inspector General John Helgerson, is “a creature of the director,” Porter Goss, who joined with Vice President Dick Cheney to push for authorization of torture, so she had no recourse by going through internal channels. Going to Congress would be pointless, McGovern says, because “the oversight committees—I hate to say this, but it’s a joke. She can’t get any redress from [Senator] Pat Roberts [(R-KS), the chairman of the Senate Intelligence Committee]. I call him Patsy Roberts, because he’s a patsy for the administration.” She would fare no better in the House Intelligence Committee, chaired by Peter Hoekstra (R-MI). She had no other option, McGovern believes. “I knew Mary pretty well,” he says. “She’s got a lot of integrity. And, you know, you can argue that she has a moral responsibility and a legal responsibility.… [I]f she’s in the chain of command and she sees these kinds of crimes being perpetrated, under Nuremberg and other international law, she is required… to do something.” Kerr’s rejoinder: the nation is locked in “a different kind of war than we’ve been in before. We are going to take actions and be proactive in a way we’ve never done before. One of the real questions is: Do we operate within the values, the traditional values of the American culture, or do we stretch those and become very proactive? I don’t think it’s at all certain that we can operate the way we have in the past.”
Going through Channels and/or Resigning - Kerr disagrees with McGovern’s characterization of the situation and of Helgerson, saying, “[I]t may not be as easy to do that today as it was in the past, but I never found a time in 32 years where I couldn’t march up the organization and talk to people about concerns I had.” Kerr believes McCarthy should have resigned and then “argued against the policy” without revealing classified information. McGovern agrees, but continues to argue that the secret CIA prisons violate the War Crimes Act and therefore, “[t]his is not American. This is not the country that we serve. And when we see this happening, somebody has to speak out.” Resigning would not have made any difference, McGovern says, because McCarthy would still be bound by her secrecy agreement and therefore could not have spoken out in any meaningful sense. Kerr’s “is a specious argument,” McGovern says.
Making an Example - McGovern says McCarthy was fired for one simple reason: to make an example of her to deter other potential CIA leakers. “It’s sort of a deterrent sort of intimidation technique,” he says. “They’re running polygraph exams for everyone now. In our day, we got one every five years. Now they’re polygraphing everyone, so it’s part of this intimidation technique. But she took that risk. And I admire her for that.” Kerr says that while he sympathizes with McCarthy’s position, the agency must maintain internal discipline above all other concerns: “And one way to do that is to begin working leaks.” [PBS, 4/24/2006]
Ty Cobb, the lawyer for fired CIA agent Mary McCarthy (see April 21, 2006), denies that his client leaked classified information to any reporter, and denies that his client gave any information about secret CIA prisons to Washington Post reporter Dana Priest (see November 2-18, 2005). A CIA source confirms Cobb’s statement, saying that the agency no longer asserts that McCarthy was one of Priest’s key sources. Instead, the agency now says it fired McCarthy because she had “undisclosed contacts” with Priest and other journalists. Such contacts violated her security agreement, agency officials say.
No Leaks of Classified Information - The original allegations that McCarthy revealed classified information to journalists are, apparently, no longer operational. Cobb says that McCarthy, who worked in the CIA inspector general’s office, “did not have access to the information she is accused of leaking,” namely the classified information about any secret detention centers in Europe. Cobb says that his client, who is 61, was just 10 days from retirement when she was fired, and had held senior positions at both the White House and the National Intelligence Council, is “devastated” over her firing. She believes her career will “forever be linked with misinformation about the reasons for her termination,” and, her lawyer says, her firing was “certainly not for the reasons attributed to the agency.” McCarthy had begun her retirement process in December 2005, and was planning on pursuing a legal career after leaving the agency. She will be allowed to retain her pension. A former intelligence official says, “Firing someone who was days away from retirement is the least serious action they could have taken.”
Firing Designed to Intimidate Others? - He adds, “That’s certainly enough to frighten those who remain in the agency.” The official is not the only one to believe that McCarthy was fired to intimidate other potential leakers and whistleblowers who may feel impelled to reveal questionable activities such as the CIA’s secret prison programs. Thomas Blanton, the director of George Washington University’s National Security Archive, says the Post articles about the secret prisons contained nothing that would warrant prosecution. “It’s the fact of the thing that they’re trying to keep secret, not to protect sources and methods, but to hide something controversial,” he says. “That seems like a hard prosecution to me.” Kate Martin, executive director of the Center for National Security Studies, says, “[E]ven if the espionage statutes were read to apply to leaks of information, we would say the First Amendment prohibits criminalizing leaks of information which reveal wrongful or illegal activities by the government.” [Washington Post, 4/25/2006] In 2007, former senior CIA case officer Valerie Plame Wilson will write, “By firing Mary, who was only 10 days away from retirement, the CIA management under [Director] Porter Goss was sending a clear signal that no one was to step out of line and if they did, the results would be harsh.” [Wilson, 2007, pp. 245-246]
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