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In the days after the Justice Department begins probing the Plame Wilson identity leak (see September 26, 2003 and September 29, 2003), Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney, finds a reference in his notes that indicates he learned from Cheney that Valerie Plame Wilson was a covert CIA agent. According to his later testimony, Libby immediately goes to Cheney with the notes, in defiance of instructions from the FBI and the White House counsel’s office not to discuss the matter with colleagues (see September 29-30, 2003). “It turns out that I have a note that I had heard about” Plame Wilson’s CIA identity “from you,” Libby tells Cheney. Libby will later testify that Cheney “didn’t say much” in response. “You know, he said something about, ‘From me?’ something like that, and tilted his head, something he does commonly, and that was that.” [National Journal, 2/19/2007; Associated Press, 11/2/2009] Libby tells Cheney that his public story is that he learned of Plame Wilson’s identity from NBC bureau chief Tim Russert (see July 10 or 11, 2003). Cheney knows that the Russert story is untrue, but does nothing to discourage Libby from telling that story to the FBI (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004). Cheney also encourages White House press secretary Scott McClellan to publicly exonerate and defend Libby (see October 1, 2003, October 4, 2003, October 4, 2003, and October 5, 2003), who complains that the White House is not doing enough to protect him. In 2007, law professor and former federal prosecutor Dan Richman will say that any criminal interpretation of Cheney’s reaction to Libby’s story depends on the exact words the two men exchanged, and exactly what Cheney knew at the time. “Only Cheney and Libby know the import of their conversation, and as is often the case, each could have even come away with a different impression of what was meant” by what the other said, Richman will observe. “If Cheney was merely showing surprise and interest at what Libby [was] indicating to him he was going to tell investigators, then the vice president is innocent in the exchange. But if he had reason to believe, or personal knowledge, that what Libby was planning to say was untrue then there is good reason to view Cheney’s conduct in an entirely different light—an obstruction interpretation.” Libby knew that Plame Wilson was a CIA official a month before his discussion with Russert (see 12:00 p.m. June 11, 2003 and 2:00 p.m. June 11, 2003), and Cheney confirmed Plame Wilson’s CIA status to Libby around the same time (see (June 12, 2003)). [National Journal, 2/19/2007]
According to anonymous White House sources, the Bush administration is using a two-track political strategy to counter fallout from the Plame Wilson investigation. White House officials are encouraging Republicans to attack the credibility and impartiality of Joseph Wilson, the husband of outed CIA agent Valerie Plame Wilson, and portray him as a partisan Democrat with a bent towards smearing the administration; the Republicans are also being encouraged to portray Democrats as politically driven scandalmongers hoping to use the investigation to influence the 2004 presidential election. Simultaneously, White House officials, in conjunction with Republican leaders on Capitol Hill, are scrambling to ensure that no Congressional Republicans break ranks and call for an independent inquiry into the leak that would not fall under the direct control of the Justice Department. The White House is resisting Democratic calls for an independent special counsel to handle the investigation (see October 1, 2003). One Republican Congressional aide calls the strategy “slime and defend,” referring to the White House’s attempt to besmirch Wilson’s motivations and simultaneously shore up Republican support. The strategy seems to be working, the aide says: “So far so good. There’s nervousness on the part of the party leadership, but no defections in the sense of calling for an independent counsel.” A Republican National Committee memo distributed to Congressional Republicans gives one suggested talking point on attacking Democrats: “Lacking a positive issue agenda to offer the American people, the Democratic Party now returns to what they have long seen as their best opportunity to defeat President Bush and Republicans—scandalmongering.” House Republicans are passing out white paper bags labeled “Leak Hyperventilation Bag,” explaining that the bags are for Democrats who might be having trouble catching their breath over the subject. House Democrats have canceled a planned closed-door meeting with Wilson, fearing that they might be accused of playing politics on the investigation. The White House is closely monitoring five Congressional Republicans known for having something of an independent streak: Senators John McCain (R-AZ), Richard Lugar (R-IN), Chuck Hagel (R-NE), and John Warner (R-VA), and Representative Porter Goss (R-FL). The White House is working to keep these five, in particular, in line with its desired responses. [New York Times, 10/1/2003]
Washington lobbyist Kenneth Duberstein, a friend of Deputy Secretary of State Richard Armitage, calls columnist Robert Novak to say Armitage fears he might have “inadvertently” leaked to him the identity of CIA official Valerie Plame Wilson (see July 8, 2003 and October 1, 2003). (Authors Michael Isikoff and David Corn, in their 2006 book Hubris, will speculate that Duberstein arranged the July 2003 meeting between Novak and Armitage.) Duberstein says that Armitage is considering resigning over his action, and asks Novak if Armitage was his source. Novak declines to confirm Armitage’s status to Duberstein. Novak will later write: “I did not reply because I was sure that Armitage knew he was the source. I believed he contacted me Oct. 1 because of news the weekend of Sept. 27-28 that the Justice Department was investigating the leak” (see September 26, 2003). [Isikoff and Corn, 2006, pp. 252, 325-326; Human Events, 9/14/2006]
FBI agents investigating the Plame Wilson identity leak inform Attorney General John Ashcroft that they believe White House political strategist Karl Rove and conservative columnist Robert Novak may be conspiring to hide the truth behind Rove’s involvement in the leak. They also inform Ashcroft that they believe Lewis Libby, the chief of staff to Vice President Dick Cheney, has lied to FBI investigators about his role in leaking Plame Wilson’s identity to the press. Although it is unclear who provides this briefing to Ashcroft, he is usually briefed on the status of the investigation by John Dion, the head of the FBI investigation, and Christopher Wray, the assistant attorney general in charge of the criminal division. [National Journal, 5/25/2006; National Journal, 6/8/2006]
Novak's Attempt to Protect Rove - They inform Ashcroft of a telephone conversation between Rove and Novak, in which Novak promised to protect Rove from the FBI investigation, presumably by either refusing to disclose him as a source of his knowledge of Plame Wilson’s identity (see September 29, 2003) or lying to investigators. Although Ashcroft receives routine briefings on the status of the FBI investigation, the bureau considers this important enough to warrant a special briefing for him on the matter. The FBI believes that after the conversation with Rove, Novak did indeed change his story about the leak, characterizing White House officials’ role in it as entirely passive. A week after Novak publicly outed Plame Wilson, he told reporters that he didn’t “dig out” the Plame Wilson information, but rather “it was given to me.… They thought it was significant. They gave me the name, and I used it” (see July 21, 2003). This account suggests that Rove was actively trying to expose Plame Wilson as a CIA officer, as reporter Murray Waas will later write. But the same day he spoke with Rove, Novak provided a different story, saying no one at the White House gave him the information (see September 29, 2003). Novak’s first story fits more closely with accounts later given by reporters such as Time’s Matthew Cooper (see July 13, 2005) and the New York Times’s Judith Miller (see September 30, 2005). [National Journal, 5/25/2006]
Libby's Lies to FBI - The FBI also informs Ashcroft that it has acquired evidence—personal notes from Libby—that contradicts Libby’s assertions that he learned of Plame Wilson’s identity from journalists (see October 14, 2003). Libby also told investigators that he had merely considered the information about Plame Wilson’s covert CIA status “unsubstantiated rumors” when he leaked that information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), another lie. [National Journal, 6/8/2006]
Ashcroft Declines to Recuse Himself - Ashcroft will recuse himself from participation in the investigation in December, in part because of the potential of a conflict of interest stemming from his previous relationship with Rove (see December 30, 2003) as well as other White House officials. Some FBI investigators believe that he should have recused himself as soon as he learned that Rove and Libby were possibly involved in the leak; some have also noted privately that many of Ashcroft’s top aides came from the Republican National Committee (RNC), which they suspect has been working closely with the White House to pressure Ashcroft not to name a special prosecutor. In 2006, law professor Stephen Gillers will say: “There is always going to be an interim period during which you decide you will recuse or not recuse. But [Ashcroft] should have had an ‘aha!’ moment when he learned that someone, figuratively, or in this case literally, next door to the president of the United States—who was Ashcroft’s boss—was under suspicion.” Ashcroft’s spokesman Mark Corallo has explained that Ashcroft declined to recuse himself because of his intense interest in the probe. Corallo will later become the spokesman for Rove. Fellow law professor Charles Wolfram, like Gillers a specialist in legal ethics, agrees with Gillers. In 2006, Wolfram says the “most distressing” ethical aspect of the case is that Ashcroft continued overseeing the probe even after Cheney’s name arose. “This should have been a matter of common sense,” Wolfram will note. Ashcroft “should have left it to career prosecutors whether or not to go after politically sensitive targets. You can’t have Ashcroft investigate the people who appointed him or of his own political party.” [National Journal, 6/8/2006]
Entity Tags: Karl C. Rove, Christopher Wray, Charles Wolfram, Federal Bureau of Investigation, John Dion, Richard (“Dick”) Cheney, Mark Corallo, Stephen Gillers, John Ashcroft, Murray Waas, Lewis (“Scooter”) Libby, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
Arnold Schwarzenegger. [Source: Los Angeles Times]Six women report being touched in a sexually inappropriate manner by actor and California gubernatorial candidate Arnold Schwarzenegger over the last three decades. The women say Schwarzenegger groped and fondled them on movie sets, in movie studio offices, and in other settings, all without their consent. The Los Angeles Times writes that three of the women say Schwarzenegger “grabbed their breasts,” a fourth says Schwarzenegger “reached under her skirt and gripped her buttocks,” a fifth reports reports that Schwarzenegger “groped” her and tried to pull off her bathing suit in a hotel elevator, and a sixth, according to the Times, says “Schwarzenegger pulled her onto his lap and asked whether a certain sexual act had ever been performed on her.” The incidents go back to the 1970s, with one taking place in 2000. One woman says of her encounter with Schwarzenegger, “Did he rape me? No. Did he humiliate me? You bet he did.” Schwarzenegger, a Republican, is the front-runner in the gubernatorial recall elections, to be held on October 7. A campaign spokesman, Sean Walsh, says Schwarzenegger never engaged in any inappropriate conduct towards women, and adds that he believes California Democrats are “trying to hurt [his] campaign.… We believe that this is coming so close before the election, something that discourages good, hard-working, decent people from running for office.” None of the women were identified by any of Schwarzenegger’s rivals, and none came forward on their own; they were all found and interviewed by Times reporters. Schwarzenegger has a history of being accused of sexual impropriety, with accusations ranging from lewd and inappropriate comments to physical assault; the Times reports some of those older allegations as well. No one has ever filed legal charges against Schwarzenegger, and many of his Hollywood colleagues defend his behavior, calling him “fun” and “charming.” [Los Angeles Times, 10/2/2003] Within hours, the Schwarzenegger campaign will launch a powerful counterattack against the charges, and conservative pundits, backing the actor’s campaign, will accuse the Times and other media outlets of “liberal bias” and of attempting to destroy Schwarzenegger’s political career with unfounded accusations (see October 2-October 8, 2003).
A 2004 photo of Arnold Schwarzenegger and his wife, Maria Shriver. [Source: Peace Corps Online (.org)]The campaign of Arnold Schwarzenegger (R-CA), the leading contender in California’s gubernatorial recall election, launches a strong counterattack against a Los Angeles Times story that reported six women’s accusations that Schwarzenegger sexually assaulted them (see October 2, 2003).
Candidate Apologizes - The campaign denies the accusations, but Schwarzenegger backs away from his campaign’s initial insistence that he had never acted inappropriately around women. He now says that he had “behaved badly sometimes” and “done things which were not right, which I thought [were] playful [on movie sets]. But I now recognize that I have offended people. And to those people that I have offended, I want to say to them I am deeply sorry about that, and I apologize.”
'Complex Strategy to Minimize' Impact of Allegations - Authors and media observers Kathleen Hall Jamieson and Joseph N. Cappella will later write: “Schwarzenegger’s supporters engaged in a complex strategy to minimize the effect of the allegations. The response included testimonials from the candidate’s wife, newscaster and Kennedy family member Maria Shriver, that Schwarzenegger was a good father and husband and an ‘A-plus human being.’ Shriver also claimed that many of the stories had been fabricated and attacked the Los Angeles Times for the investigation and for publishing the story so close to the election.” Conservative media outlets quickly move to support Shriver’s attacks, and add a new wrinkle: that the Times was quick to print such allegations against Schwarzenegger, but was refusing to print allegations that Democratic Governor Gray Davis had engaged in abusive behavior against women on his staff. Therefore, they say, the Times is engaging in a double standard. Jamieson and Cappella will write: “The conservative claim was a standard one: the ‘liberal media’ were eager to undercut conservatives and protect ‘liberals.’ And voters were encouraged to reject the Schwarzenegger groping allegations but trust those about Davis’s supposed staff abuse.” Columnist Jill Stewart of the Los Angeles Daily News accuses the Times of “sitting on” the Davis story “since at least 1997… that [Davis] is an ‘office batterer’ who has attacked female members of his staff, thrown objects at subservients and launched into red-faced fits, screaming the f-word until staffers cower.” Fox News reports the Davis allegations, and conservative talk show hosts, led by Rush Limbaugh, repeat and embellish the story. Mainstream cable TV outlet MSNBC, in shows hosted by conservatives Joe Scarborough and Pat Buchanan, also report the Davis allegations. On Fox, Stewart accuses the Times of “journalistic malpractice” and “horrible, horrible bias.” [Jamieson and Cappella, 2008, pp. 152-154]
Strategy Successful - The strategy is apparently successful, with Schwarzenegger ousting Davis and 134 other challengers in the recall election. CNN exit polls show that despite the sexual harassment charges, around 47 percent of women voters cast their ballots for Schwarzenegger. [CNN, 10/8/2003]
Times Defends Reporting, Limbaugh Warns Listeners to 'Remember This Business' - Days later, the editor of the Los Angeles Times, James Carroll, will defend the Schwarzenegger sexual harassment story, describing the seven weeks of meticulous interviewing and fact-checking that went into it, and reveal that the Times had twice investigated the allegations of Davis’s supposed ‘office battering’ and found nothing to support the charges. Limbaugh, however, will remind his listeners: “The next time the LA Times or any other mainstream liberal institution starts talking to you about the aftermath in Iraq or the war on terrorism, I want you to remember this business of what they did with Schwarzenegger, and I want you to tell yourself, ‘Schwarzenegger is not an isolated episode.’ If they’re doing it there, where else are they acting as Democrat house organs?” [Jamieson and Cappella, 2008, pp. 154]
Entity Tags: Kathleen Hall Jamieson, James Carroll, Gray Davis, Fox News, Arnold Schwarzenegger, Jill Stewart, Joseph Scarborough, Rush Limbaugh, Joseph N. Cappella, Maria Shriver, Patrick Buchanan, MSNBC, Los Angeles Times, Los Angeles Daily
Timeline Tags: Domestic Propaganda
The Bush administration, prodded by polls showing that over 70 percent of Americans believe that someone in the White House leaked Valerie Plame Wilson’s CIA status to the press and almost that number is in favor of a special prosecutor to head an investigation, modifies its approach to its denials of involvement. According to the Washington Post, White House officials no longer proclaim the innocence of everyone employed by the executive branch, but now say that it is possible someone disclosed Plame Wilson’s identity without realizing that they were exposing a covert operative, and therefore no crime was committed. The first Congressional Republican to speak out against the administration’s handling of the issue is Senator Chuck Hagel (R-NE), who says that President Bush “needs to get this behind him” by taking a more active role. “He has that main responsibility to see this through and see it through quickly, and that would include, if I was president, sitting down with my vice president and asking what he knows about it,” Hagel says. Meanwhile, administration supporters outside the White House are stepping up their counteroffensive, telling reporters that the White House is fully cooperating with the Justice Department investigation and that the real story is Plame Wilson’s husband, Joseph Wilson, who is making “rash statements” denigrating the administration. Press secretary Scott McClellan is no longer denying a White House effort to discredit Wilson, a critic of the administration, but now tells reporters that the only issue “is whether or not someone leaked classified information.… I’m drawing a line here. I’m not going to play the game of going down other rabbit trails.” The White House has repeatedly insisted that it has no intention of appointing a special counsel to handle the investigation; critics say that Attorney General John Ashcroft’s Justice Department cannot lead an impartial probe. [Washington Post, 10/2/2003]
Syndicated columnist Robert Novak, who has already outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), now outs the CIA front firm that was her cover. In a column reporting that Plame Wilson and her husband Joseph Wilson made campaign donations of $1,000 each to Democratic presidential candidate Al Gore in 1999, Novak notes that Plame Wilson, under her married name of Valerie E. Wilson, “identified herself as an ‘analyst’ with ‘Brewster Jennings & Associates.’ No such firm is listed anywhere, but the late Brewster Jennings was president of Socony-Vacuum oil company a half-century ago. Any CIA employee working under ‘non-official cover’ always is listed with a real firm, but never an imaginary one. Sort of adds to the little mystery.” Novak fails to mention that Joseph Wilson also donated $1,000 to the campaign of George W. Bush. He also fails to note that he has indirectly admitted that he knew Plame Wilson was an undercover CIA agent. [Town Hall (.com), 10/4/2003; Washington Post, 10/4/2003] In 2005, Joseph Wilson will tell a reporter that Novak’s outing of Brewster Jennings indicates a “pattern of disclosure,” presumably indicating that Novak’s revealing of state secrets may rise to the level of criminal behavior. [Raw Story, 7/13/2005]
Deputy Secretary of State Richard Armitage, having told State Department officials that he was one of the sources for Robert Novak’s July 2003 outing of CIA official Valerie Plame Wilson (see October 1, 2003), is questioned by FBI agents investigating the leak of Plame Wilson’s identity. Armitage admits to passing along classified information to columnist Robert Novak that identified Plame Wilson as a CIA official working on WMD issues (see June 10, 2003). According to a 2006 Newsweek article, the three State Department officials who know of Armitage’s involvement—Secretary of State Colin Powell, State Department counsel William Howard Taft IV, and Armitage himself—do not take the story public, and Armitage’s role remains secret. [Newsweek, 9/4/2006]
Salon columnist and media observer Eric Boehlert notes that while the White House has specifically, and emphatically, denied Karl Rove leaked the CIA identity of Valerie Plame Wilson (see September 29, 2003), it has not yet given such coverage to Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney. Circumstantial evidence that the White House may be leaving Libby to, in Boehlert’s words, “twist in the wind” is mounting. The New York Daily News has reported that “Democratic Congressional sources said they would like to hear from… Lewis Libby.” On MSNBC, an administration critic, former counterterrorism official Larry Johnson, who says he knows who the leaker is, would not deny it was Libby. And Senator Chuck Hagel has implied that the leak originated from the vice president’s office when he said that President Bush needs to sit down with Cheney and “ask… what he knows about it.” A former senior CIA officer says, “Libby is certainly suspect No. 1.” Even Cheney’s own spokeswoman, Cathie Martin, refuses to deny Libby’s involvement, saying only, “This is a serious matter and we shouldn’t be speculating in light of an ongoing investigation.” Boehlert notes that conservative columnist Robert Novak, who outed Plame Wilson in one of his columns (see July 14, 2003), has dropped several hints about his primary source that point (inconclusively) to Libby. Novak’s assertion that his source is “no partisan gunslinger” (see October 1, 2003) is a better characterization of Libby than of Rove. Since Novak has referred to his source as “he,” the source cannot be National Security Adviser Condoleezza Rice or any other White House female. Most interestingly, Boehlert notes, Novak was never looking for Plame Wilson’s identity when he spoke with his sources in July 2003. Rather, he wanted to know why former ambassador Joseph Wilson was chosen to go to Niger (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). The logical place for Novak to begin such an inquiry, Boehlert writes, was Cheney’s office. Wilson believed Cheney was primarily, if indirectly, responsible for sending him to Niger (see (February 13, 2002)). Time magazine ran a story that revealed Libby was talking to reporters about Wilson (see July 17, 2003). And Boehlert notes other, less significant clues that add incrementally to the evidence showing that Libby might well have been Novak’s source. Finally, Boehlert comes back to Larry Johnson. Johnson confirmed for PBS that Plame Wilson was an undercover CIA agent and not merely an “analyst,” as Novak has asserted. He recently said flatly on MSNBC, “I know the name of the person that spoke with Bob Novak,” and that person works “at the White House,” and more specifically, “in the Old Executive Office Buildings.” Cheney’s office is located inside the Old Executive Office Building. Johnson was asked by co-host Pat Buchanan: “Scooter Libby. Now, is Scooter Libby the name you heard?” Johnson replied, “I’m not going to comment on that.” [Salon, 10/3/2003] The day after Boehlert’s column appears, White House press secretary Scott McClellan gives reporters the same assurance about Libby that he gave to Rove (see October 4, 2003).
Entity Tags: Larry C. Johnson, Catherine (“Cathie”) Martin, Bush administration (43), Chuck Hagel, Karl C. Rove, Lewis (“Scooter”) Libby, Robert Novak, Eric Boehlert, Office of the Vice President, Valerie Plame Wilson, Patrick Buchanan, Richard (“Dick”) Cheney
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
A retyped version of Libby’s handwritten note suggesting what McClellan should say to reporters. [Source: US District Court for the District of Columbia / Think Progress]Lewis Libby, the chief of staff for Vice President Dick Cheney who is suspected of leaking CIA official Valerie Plame Wilson’s identity to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), implores Cheney to have press secretary Scott McClellan publicly exonerate him. In a note whose contents will later be made public during the runup to Libby’s perjury trial (see October 28, 2005 and January 16-23, 2007), Libby suggests what McClellan should say to the press:
“People have made too much of the difference in
“How I described Karl and Libby
“I’ve talked to Libby.
“I said it was ridiculous about Karl
“And it is ridiculous about Libby.
“Libby was not the source of the Novak story.
“And he did not leak classified information.” [Think Progress, 4/6/2006; US District Court for the District of Columbia, 4/5/2009 ]
Cheney will write a note recommending Libby’s public exoneration (see October 4, 2003). McClellan will use much of Libby’s wording in his statement to the press (see October 4, 2003 and October 4, 2003).
Three days after sending e-mails to White House employees specifying how they should cooperate in the FBI’s investigation of the Plame Wilson leak (see September 29-30, 2003) and September 30, 2003), White House counsel Alberto Gonzales sets deadlines for those employees to turn over information pursuant to that investigation. Gonzales sends an e-mail saying in part: “On September 30, 2003, you received two memoranda from me directing you to preserve and maintain certain documents. In a letter received yesterday evening, the Department of Justice has requested that we provide those documents to prosecutors and FBI agents assigned to this investigation. To ensure compliance with the time deadlines imposed by the Department of Justice, you are directed to provide to the Counsel’s Office, by no later than 5 p.m. on October 7, 2003, copies of the following documents, created during the time period February 1, 2002, through September 30, 2003, inclusive:
“1. All documents that relate in any way to former US Ambassador Joseph C. Wilson, his trip to Niger in February 2002, or his wife’s purported relationship with the Central Intelligence Agency; and
“2. All documents that relate in any way to a contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wife’s purported relationship with the Central Intelligence Agency; and
“3. All documents that relate in any way to a contact with any or all of the following: reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly on behalf of them.
“For purposes of this memorandum, the term ‘documents’ includes ‘without limitation all electronic records, telephone records of any kind (including but not limited to any documents that memorialize
telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries’ in the possession of the Executive Office of the President, its staff, or its employees, wherever located, including any documents that may have been archived in Records Management. However, at this time, you do not need to provide to Counsel’s Office copies of the following, provided that they have not been marked upon in any way and are not accompanied by any notes or other commentary: (a) press clips or articles, whether in hard copy or e-mail or electronic form, or (b) either of the two memoranda I sent on September 30, 2003, regarding document preservation.” Gonzales attaches a compliance certification that must be completed and returned by 5 p.m. October 7, 2003. The compliance certification includes the following paragraph: “I further understand that this certification is for purposes of a federal criminal investigation and that intentional false statements may result in criminal penalties or other sanctions.” [Alberto R. Gonzales, 10/3/2003] In 2006, the media will learn that Gonzales withheld e-mails from the FBI that may have proven criminal complicity on the parts of senior White House officials, including Vice President Dick Cheney (see February 15, 2006).
On CNBC’s Capital Report, NBC reporter Andrea Mitchell says it should be “easily ascertained” who the sources were for the Plame Wilson identity leak. Asked, “Do we have any idea how widely known it was in Washington that Joe Wilson’s wife worked for the CIA?” Mitchell responds, “It was widely known among those of us who cover the intelligence community and who were actively engaged in trying to track down who among the foreign service community was the envoy to Niger” (see February 21, 2002-March 4, 2002). Many interpret Mitchell’s comment to mean that she and many other reporters knew about Plame Wilson’s CIA status. Mitchell will later recant her statement, saying she misunderstood the question and “screwed it up.” [US District Court for the District of Columbia, 1/26/2006 ; US District Court for the District of Columbia, 5/26/2006 ] Mitchell will later explain her misstatement on a broadcast of the Don Imus radio and television show, saying: “This is one of those things. We’ve got a whole new world of journalism out there where there are people writing blogs who are going to grab this one thing and not everything else I have written and said about this and go to town with it. It supports their political point of view, and… bingo.” [Jane Hamsher, 3/13/2007]
The leak of Valerie Plame Wilson’s identity as a CIA officer by conservative columnist Robert Novak (see July 14, 2003) has resulted in the exposure of a CIA front company, potentially causing widespread damage to overseas intelligence gathering. Yesterday, Novak revealed the name of the firm in another column (see October 2, 2003). The fictitious Boston firm, Brewster Jennings & Associates, appears in Federal Election Commission records on a 1999 form filled out by Plame Wilson when she donated $1,000 to the presidential campaign of Al Gore (D-TN). Once the Novak column was published, CIA officials admitted that it is a front. Brewster Jennings is listed as Plame Wilson’s employer on her 1999 tax forms, though she was working as an undercover CIA officer at the time. A former diplomat says that since Brewster Jennings and Plame Wilson have been exposed, every foreign intelligence service is running the names through their own databases to determine whether she ever visited their countries and what kinds of contacts she made there. “That’s why the agency is so sensitive about just publishing her name,” the former diplomat says. [Washington Post, 10/4/2003]
Plame's NOC Status, 'Legend' - As one of a very small, select number of “nonofficial cover” officers, Plame Wilson would have enjoyed little or no government protection had her cover been blown while she was overseas. Training officers such as her cost millions of dollars and require elaborate constructions of fictional background, called “legends,” including the creation of CIA front companies such as Brewster Jennings. The amount of damage caused by the outing of Plame Wilson and Brewster Jennings is incalculable. Former CIA counterterrorism chief Vincent Cannistraro says many other CIA agents and foreign assets are now endangered, and future attempts to convince foreign citizens to share information with US intelligence agencies will be hampered. Former CIA and State Department official Larry Johnson, who trained with Plame Wilson in 1985, says that when the damage is fully assessed, “at the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Johnson describes himself as “furious, absolutely furious” at the breach. “We feel like the peasants with torches and pitchforks,” he says. “The robber barons aren’t going to be allowed to get away with this.” Former CIA officer Jim Marcinkowski, who also trained with Plame Wilson, agrees: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” While the CIA continues to keep details of Plame Wilson’s career secret, it is known that she was attached to a US embassy in Europe in 1990 and 1991 (more information on her overseas postings will later be revealed—see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). It is known that when Novak blew her cover, she was a senior case officer for the CIA’s counterproliferation division, working with intelligence about hostile countries and WMD. “All the people who had innocent lunches with her overseas or went shopping or played tennis with her, I’m sure they are having heart attacks right now,” says one former colleague who was also in covert operations. “I would be in hiding now if I were them.” [Washington Post, 10/8/2003; Knight Ridder, 10/11/2003]
Brewster Jennings Just One of Plame Wilson's Cover Firms - Former intelligence officials confirm that Brewster Jennings was just one of several cover affiliations that Plame Wilson used when she was operating overseas. “All it was was a telephone and a post office box,” says one former intelligence officer. “When she was abroad she had a more viable cover.” [Boston Globe, 10/10/2003] Cannistraro will later add that when Plame Wilson was operating undercover outside the US, she would have had a real job with a more legitimate company. The Boston company “is not an indicator of what she did overseas.” Now, those firms are themselves in jeopardy of exposure for working with US intelligence. [Wilson, 2007, pp. 343-344] In 2007, former CIA and National Security Council official Bruce Riedel will say: “I have looked at the part of her CV that is in the open domain. The agency spent an awful lot of effort building a really good cover for this person. A lot of effort. People who say this was not a covert operative don’t understand what they’re saying. This was intended to be a nonofficial cover person who would have the credentials to be a very serious operative. The damage done to the mission of the organization by exposing her, and how cover is built, is pretty serious.” [Wilson, 2007, pp. 343]
Entity Tags: Valerie Plame Wilson, Robert Novak, Vincent Cannistraro, Jim Marcinkowski, Central Intelligence Agency, Brewster Jennings, Counterproliferation Division, Albert Arnold (“Al”) Gore, Jr., Federal Election Commission, Larry C. Johnson, Bruce Riedel
Timeline Tags: Niger Uranium and Plame Outing
The Reverend Fred Phelps, minister of the Westboro Baptist Church in Topeka, Kansas, announces plans to erect a monument in the Casper, Wyoming, City Park to “commemorate” the murder of gay college student Matthew Shepard five years ago (see October 9, 1998 and After). According to Phelps, the marker would bear a likeness to Shepard and read: “MATTHEW SHEPARD, Entered Hell October 12, 1998, in Defiance of God’s Warning: ‘Thou shalt not lie with mankind as with womankind; it is abomination.’ Leviticus 18:22.” Few Casper City Council members support Phelps’s plans. Councilwoman Barb Watters says: “When Phelps puts on one side his picture with the thing about killing all the gays, and they put on the other side of the thing a picture of Hitler that says ‘Kill all the Jews.’ That is what you are opening yourself up for.” Councilman Paul Bertoglio notes: “I think the hate language will find a very cold reception in this community. I think this community’s backbone is going to come up and say, ‘We are not going to accept it.’” Of Shepard, Phelps says: “It all comes back to Casper, Wyoming. That is his home, that is where he was born, where that church is, where those institutions… conspired in a confluence of evil resulting in a Zeitgeist that is extraordinarily evil. He [Shepard] was not a hero. This is a great monster sin against God. It is not an innocent alternate lifestyle. And all that has come down in that one little evil town called Casper, Wyoming. And we can’t ignore that.” The city will not allow the monument to be erected. [Casper Tribune, 10/3/2003] The WBC soon builds a virtual “monument” to Shepard on its Web site (see 1997), which depicts him burning in hell. A photo of Shepard is wreathed in animated flames, and mousing over the photograph triggers an audio response of recorded screams and a voice shouting, “For God’s sake, listen to Phelps!” A counter on the site displays how many days Shepard has “Been in Hell.” The site claims: “WBC does not support the murder of Matthew Shepard: ‘thou shalt not kill.’ Unless his killers repent, they will receive the same sentence that Matthew Shepard received—eternal fire. However, the truth about Matthew Shepard needs to be known. He lived a Satanic lifestyle. He got himself killed trolling for anonymous homosexual sex in a bar at midnight.” [Global Oneness, 2011; Southern Poverty Law Center, 2012]
After being ordered to assure the press that Lewis “Scooter” Libby knew nothing of the Plame Wilson leak (see October 4, 2003), White House press secretary Scott McClellan agrees to follow that order if Libby himself will give him that same assurance. McClellan calls Libby and asks, “Were you involved in the leak in any way?” Libby replies, “No, absolutely not.” Together, they decide what reporters McClellan should call, and McClellan begins spreading the word among a wide array of national media correspondents. [McClellan, 2008, pp. 218-220] (Later research by author and blogger Marcy Wheeler indicates the reporters McClellan contacts are most likely the Associated Press’s Scott Lindlaw, Michael Isikoff or Evan Thomas of Newsweek, an unnamed reporter for the New York Times, and the Washington Post’s Mike Allen.) [Marcy Wheeler, 6/10/2008] The line is, as agreed upon, Libby “neither leaked the classified information, nor would he condone it.” Shortly afterwards, McClellan decides on his own to make the same assurances about National Security Council staffer Elliott Abrams, who has angrily denied rumors of his own involvement (see October 5, 2003). “I was becoming increasingly frustrated,” McClellan will write, “as this was exactly what I didn’t want to happen. I was putting myself in the middle of the investigation by publicly vouching for people, against my own wishes and against the sound advice of White House counsel.… In hindsight, the president should have overruled his advisers and demanded that an internal investigation be conducted to determine whether there might have been any White House involvement. He also should have ordered the public release of as much information as possible as soon as it was known, so that the scandal would not take on a life of its own.” McClellan will theorize that Bush “chose not to do so, perhaps feeling that keeping clear of the story would insulate him and protect him from potential political damage. Instead, it gave the story broader and longer life, only helping to reinforce the permanent state of suspicion and partisan warfare he had pledged to move beyond.” [McClellan, 2008, pp. 218-220]
At his home, White House press secretary Scott McClellan receives a call from White House chief of staff Andrew Card. Card makes a request that shocks McClellan: “The president and vice president spoke this morning. They want you to give the press the same assurance for Scooter [Lewis Libby, the vice president’s chief of staff] that you gave for [White House deputy chief of staff] Karl [Rove]” (see September 29, 2003). According to McClellan’s 2008 book What Happened, he acquiesces, “not really indicating my instinctive disinclination to do what he was directing me to do.” McClellan doesn’t want to begin absolving one official after another to the press. He has already refused to absolve Libby for the press once (see October 1, 2003), and knows “if other names started to surface… the press would be curious why I’d asked Scooter about his involvement, and why the White House wasn’t asking every staff member the same question.” However, he will write: “this was an order coming from on high. As a result, I was about to cross the line I’d drawn publicly once the investigation had gotten underway earlier in the week.” McClellan will write that he is sure President Bush had no knowledge of Libby, Rove, or anyone else being involved in leaking Plame Wilson’s identity. “I wish I could say the same about the vice president,” he will add. “I simply don’t know for sure.” [McClellan, 2008, pp. 217-218] Card makes his request shortly after Vice President Cheney writes a memo demanding Libby’s public exoneration (see October 4, 2003).
Cheney’s original ‘meat grinder’ note. [Source: Office of the Vice President / FireDogLake]Vice President Dick Cheney writes a note, later dubbed the “meat grinder” note, saying that the Bush administration should tell reporters that his chief of staff, Lewis Libby, should be issued a denial of involvement in the Plame Wilson leak, just as White House political strategist Karl Rove has received (see September 29, 2003). The note reads: “Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer & sacrifice the guy the Pres [the words “the Pres” are scratched out] that was asked to stick his neck in the meat grinder because of the incompetence of others—” The rest of the note contains talking points for the denial. It is unclear if the note is for Cheney’s own reference or intended for someone else [Office of the Vice President, 10/4/2003; Marcy Wheeler, 6/9/2008] , though Cheney has received a request from Libby that he be publicly exonerated (see Before October 4, 2003). The same day, White House chief of staff Andrew Card asks press secretary Scott McClellan to issue a denial on behalf of Libby (see October 4, 2003). McClellan complies (see October 4, 2003).
Through White House spokesmen, two senior Bush officials deny being involved in the Valerie Plame Wilson identity leak (see July 14, 2003 and July 17, 2003). Neither Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, nor Elliott Abrams, the director of Middle East affairs for the National Security Council, were involved in the leak, according to spokesmen; the same claim has been made for White House deputy chief of staff Karl Rove. According to press secretary Scott McClellan, Libby “neither leaked the classified information, nor would he condone it.” The disclaimers are in response to reporters’ questions. [New York Times, 10/5/2003] In 2007, the prosecution in the Libby perjury trial (see January 16-23, 2007) will enter into evidence a page of undated notes taken by Libby around this time. The notes are talking points for McClellan, and indicate that McClellan should use lines such as “I’ve talked to Libby. I’ve said it was ridiculous about Karl and it is ridiculous about Libby. Libby was not the source of the Novak story. And he did not leak classified information.” Libby’s notes also advise McClellan to say something like, “Not going to protect one staffer & sacrifice the guy the Pres that was asked to stick his neck in the meat grinder because of the incompetence of others.” Cheney has crossed out the words “the Pres,” obviously not wanting McClellan to reference President Bush (see October 4, 2003). [Office of the Vice President, 9/2003 ; National Public Radio, 3/7/2007]
Shawn Parry-Giles. [Source: University of Maryland]Communications professor Shawn Parry-Giles says that she hears echoes of the rhetoric of former Vice President Spiro Agnew in Defense Secretary Donald Rumsfeld’s speeches about Iraq (see 1969-1971). Parry-Giles says: “Spiro T. Agnew’s resignation is often lost in the turmoil surrounding the painful events of Watergate (see October 10, 1973). Yet his campaign against the US news media during the Vietnam War still resonates, especially among those who covered the war. In a recent press conference… Rumsfeld emphasized all the good that has come from the US efforts in that war torn country. In listening to his press conference, I heard echoes of… Agnew’s famous line: ‘In the United States today, we have more than our share of the nattering nabobs of negativism.’ If the war in Iraq continues on its current trajectory, we might expect the spirit of Agnew to rise once again, as the Bush administration reminds the US news media and the [D]emocratic presidential candidates that in times of international conflict, we are to remain unified.” [University of Maryland Newsdesk, 10/6/2003]
Aly Colon, a communications manager and columnist for the Poynter Institute of Journalism, writes a cautionary column regarding Robert Novak’s outing of covert CIA official Valerie Plame Wilson (see July 14, 2003). Colon writes: “There’s an old adage that claims journalists are only as good as the sources that feed them. Here’s a new one: Journalists are only as credible as the ethics that guide them.” Colon writes that Novak should have been more “rigorous” in his “decision-making process” that led him to out a covert CIA agent. Novak’s decision to out a person he clearly knew was a covert CIA agent, even after being asked not to by CIA officials on the grounds that blowing her identity would imperil US intelligence operations and assets (see July 8-10, 2003, Before July 14, 2003, July 21, 2003, and October 3, 2003), risked violating fundamental ethical principles of journalism. Novak is bound to report the truth as fully and independently as possible, but he is also bound to minimize harm. Colon writes that Novak should have more fully considered the ramifications of Plame Wilson’s outing, how important her identity was to his story, and what alternatives he had besides identifying her as a covert CIA agent. Novak also failed to adequately consider his sources’ motivations (see July 8, 2003). Colon concludes: “By disclosing the identity of a CIA operative… Novak provoked a Justice Department investigation of his sources (see September 26, 2003) and raised serious questions about his ethical conduct. Taking the time to answer a few ethical questions before publication can sometimes protect a reporter from having to answer more questions later.” [Poynter Institute of Journalism, 10/6/2003] In a subsequent interview, Colon will say, “Any time a journalist purposely deceives his readers, he undermines the newsperson’s or [his or her own] news organization’s credibility” and “threatens the trust between the reader and reporter.” [American Prospect, 2/12/2004]
President Bush says offhandedly of the Plame Wilson leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003) that Washington “is a town full of people who like to leak information. And I don’t know if we’re going to find out the senior administration official.… You tell me: How many sources have you had that’s leaked information, that you’ve exposed or had been exposed? Probably none.” Many find Bush’s insouciance astonishing, considering the lengths his administration has gone to in the past to punish leakers. In response, Senator Charles Schumer (D-NY) calls for a special counsel to investigate the leak. Schumer also asks for an investigation of the three-day delay between the original announcement of the investigation and the instructions to the White House staff to preserve all relevant records (see September 29-30, 2003), and the possible conflict of interest concerning Attorney General John Ashcroft, who had once employed White House political strategist Karl Rove, named as a likely source of the leak (see September 30, 2003). [Vanity Fair, 1/2004; Rich, 2006, pp. 102] Plame Wilson’s husband, former ambassador Joseph Wilson, will later write that he was “particularly offended” when Bush told reporters he wanted to know the truth, but then placed the responsibility upon journalists themselves to find the source of the leak. Wilson will reflect, “His lack of genuine concern stunned and disappointed me.” [Wilson, 2004, pp. 397]
White House press secretary Scott McClellan reiterates the White House’s stance that three senior aides—deputy chief of staff Karl Rove, Vice President Dick Cheney’s chief of staff Lewis “Scooter” Libby, and National Security Council official Elliott Abrams—bear no responsibility for leaking the identity of covert CIA official Valerie Plame Wilson to the press. McClellan has already made the same assurances before (see September 29, 2003 and October 4, 2003). During a press briefing, he is asked: “Scott, you have said that you personally went to Scooter Libby, Karl Rove, and Elliott Abrams to ask them if they were the leakers. Is that what happened? Why did you do that? And can you describe the conversations you had with them? What was the question you asked them?” McClellan replies: “Yes, unfortunately, in Washington, DC, at a time like this, there are a lot of rumors and innuendo. There are unsubstantiated accusations that are made. And that’s exactly what happened in the case of these three individuals. They’re good individuals. They’re important members of our White House team. And that’s why I spoke with them, so that I could come back to you and say that they were not involved. I had no doubt with that, in the beginning (see October 4, 2003), but I like to check my information to make sure it’s accurate before I report back to you. And that’s exactly what I did.” A reporter asks: “You’re saying, categorically, those three individuals were not the leakers or did not authorize the leaks. Is that what you’re saying?” McClellan responds: “That’s correct. I have spoken with them.” A reporter then asks, “Did the president direct you to check with those individuals and get—to find out if they were the leaker?” McClellan refuses to answer directly, but says that President Bush “wants… to get to the bottom of this matter, the sooner the better,” and touts the White House’s “full cooperation” with the Justice Department investigation. Asked the same question again, McClellan again emphasizes the White House’s cooperation with the investigation, and adds, “I think part of cooperating fully is looking into these unsubstantiated accusations that were made to make it clear to everybody that those individuals are not involved.” He gives a similar answer when asked if Bush wants someone “to individually poll senior staff members to find out who the leaker is,” and adds that no one in the White House has any more information on the matter than has been made available in the media—a blanket, if indirect, denial of any White House involvement. McClellan also notes that it would be “premature” to speculate if the White House will claim executive privilege to keep any information out of the investigation (see October 7, 2003). [Washington Transcript Service, 10/7/2003]
White House officials scramble to meet the 5 p.m. deadline for submitting all documents, e-mails, and other materials that might be relevant to the FBI’s investigation of the outing of CIA officer Valerie Plame Wilson (see October 3, 2003). The White House counsel’s office, headed by Alberto Gonzales, says it will review all submitted materials before turning them over to the Justice Department, and may withhold those it deems irrelevant, perhaps asserting executive privilige or national security concerns. Democrats such as Senator Charles Schumer (D-NY) say this arrangement is unacceptable, and gives Gonzales undue control over potential evidence in such an important case. “I am very troubled by the fact that the White House counsel seems to be a gatekeeper, and I want to know what precautions Justice is taking to ensure that it gets all relevant information from the administration,” Schumer says. Government officials say the White House will begin turning over the most immediately relevant documents very soon, but the Justice Department will not get all the records for a week or more. The White House is operating under a schedule mutually agreed upon by both White House and Justice Department officials. [Washington Post, 10/8/2003]
Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July (see July 14, 2003), is interviewed by FBI agents regarding the Plame Wilson leak. The interview takes place in the offices of Swidler Berlin, a law firm that is representing Novak. Novak’s attorneys, Lester Hyman and James Hamilton, have advised Novak that he has no certain constitutional basis to refuse to obey a grand jury subpoena, and that to do so could mean imprisonment and, Novak will later write, “inevitably result in court decisions that would diminish press freedom, all at heavy personal legal costs.” Novak discloses how he learned of Plame Wilson’s identity (see July 8, 2003), but, he will write, “the FBI did not press me to disclose my sources.” [Human Events, 7/12/2006]
Conservative talk show host Rush Limbaugh announces the results of a poll finding: “We have a great Gallup poll, folks. Sixty percent of conservatives, 40 percent of moderates, and 18 percent of liberals say the media is too liberal.” Authors Kathleen Hall Jamieson and Joseph N. Cappella later write that Limbaugh “creates an interpretative frame for the information,” with Limbaugh saying, “We all know that moderates are liberals anyway, so that would be 58 percent of liberals and 60 percent of conservatives, that’s over 100 percent of the people who think the media is too liberal.” Neither Jamieson nor Cappella point out the creative mathematics and regrouping Limbaugh is performing. They do note, however, that on Fox News, commentator Tony Snow reports the same poll results, and accuses the “liberal media” of failing to report the poll in a widespread fashion. [Jamieson and Cappella, 2008, pp. 149]
Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (R-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored one such request (see September 29, 2003). [Waxman, 12/2005]
White House political strategist Karl Rove testifies under oath to FBI investigators probing the Plame Wilson identity leak (see September 26, 2003). Rove says he did not speak to any journalists about Valerie Plame Wilson until after columnist Robert Novak outed her in his column (see July 14, 2003). Instead, Rove says, he circulated and discussed potentially damaging information about Plame Wilson with his colleagues within the White House as well as with outside political consultants and journalists. But he insists he was not the official who leaked Plame Wilson’s name to Novak. He only circulated that information about her after Novak’s column appeared, he says. He also claims that such dissemination was a legitimate means to counter criticism from Plame Wilson’s husband, Joseph Wilson.
Lying under Oath - Rove is lying about his role in the exposure of Plame Wilson to Novak and other journalists (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Rove and his lawyer, Robert Luskin, will later claim that Rove “forgot” about his discussions with at least one of the above journalists, Time’s Matthew Cooper, until he found an e-mail confirming their conversation (see After 11:07 a.m. July 11, 2003 and March 1, 2004). For reasons that are unclear, the e-mail in question does not turn up in an initial search for all documents and materials pertaining to the FBI investigation (see September 29-30, 2003). Additionally, Rove’s assistant, Susan Ralston, will later testify that Rove asked her not to log the call from Cooper (see July 29, 2005). [American Prospect, 3/8/2004; Raw Story, 10/31/2005; CounterPunch, 12/9/2005; National Journal, 5/25/2006]
Fails to Disclose 'Protection' Conversation with Reporter - Rove also fails to disclose a conversation with Novak, in which Novak promised to “protect” him during the investigation (see September 29, 2003). Rove was a source for Novak, who revealed Plame Wilson’s identity in his column (see July 14, 2003). [National Journal, 5/25/2006]
Claims to Have Learned Plame Wilson Identity from Reporter - During his testimony, Rove claims that he learned of Plame Wilson’s identity from a reporter, though he cannot remember who that reporter was. [American Prospect, 7/19/2005]
Discloses Names of Six White House Participants in Wilson Smear Campaign - Rove tells the FBI the names of at least six other White House officials involved in the smear campaign against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). He says he and his fellow White House officials believed the campaign was justified by Wilson’s “partisan” attacks on the White House’s Iraq policies. [American Prospect, 3/8/2004]
On camera, PBS producer Martin Smith asks Iraqi National Congress chief Ahmed Chalabi to produce “documentary evidence of any kind” that proves his contention that Iraq and al-Qaeda have ties (see November 6-8, 2001 and February 5, 2003). Chalabi promises to deliver a document showing “money changing hands between Saddam Hussein’s government and al-Qaeda,” but never produces such a document. [Rich, 2006, pp. 106]
White House press secretary Scott McClellan prepares for his upcoming questioning by FBI agents by talking to White House chief counsel Alberto Gonzales and the vice president’s chief legal adviser, David Addington. “This is not like being the White House spokesman,” Addington reminds McClellan, and advises him to “answer questions completely and openly, as opposed to only the limited information you might share as a spokesman.” McClellan will call Addington’s advice “no surprise,” but still “helpful.” He readily agrees to both Gonzales’s and Addington’s suggestions to have “someone from their office to sit in on any conversations I might have with the FBI,” even though he realizes “this would also be a convenient way for them to keep tabs on the investigation and any possible fallout for the president.” [McClellan, 2008, pp. 221-222]
Many legal experts are highly critical of President Bush’s recent declaration that the identity of the leaker of Valerie Plame Wilson’s CIA identity may never be known (see October 7, 2003), and the White House’s declaration that three senior aides—Karl Rove, Lewis Libby, and Elliott Abrams—are not responsible for the leak (see October 4, 2003 and October 5, 2003). They echo criticisms leveled by Senate Democrats, who say that such declarations undermine the investigation into the leak (see October 10, 2003). Not only do such statements call into question the independence of the Justice Department investigation (see September 26, 2003), the experts say, but the propriety of attempting to clear top officials before the investigation has concluded is equally questionable. Law professor Mary Cheh calls such statements “quite irregular” and says that they could have a chilling effect on the investigation. “It will take someone of considerable fortitude [in the Justice Department] to look past such statements” and investigate any of the officials, she notes. Abner Mikva, former White House counsel to President Clinton, says that despite the White House’s assurances that the three officials are innocent: “I would hope that the Justice Department will do whatever it is supposed to do anyway. But does it have a chilling effect? Sure it does.” Defense lawyer Jeralyn Merritt says if Bush claims not to know the identity of the leaker, neither he nor any White House officials can rule out the involvement of any of their personnel. “I think a special counsel would be an excellent idea,” she says. Law professor Stephen Gillers says White House press secretary Scott McClellan has no way to know if any of the three officials are innocent or guilty. If any of them are guilty, Gillers notes, they can be expected to go to great lengths to keep their participation secret. Gillers also says that Bush appears to be soft-pedaling the investigation by publicly doubting its effectiveness, even if most leak investigations do not yield the name of the leaker. Cheh says the only way the Justice Department can conduct a fair and independent investigation is if the White House ensures that the investigators are “walled off” from political considerations. [Chicago Tribune, 10/10/2003]
Entity Tags: Lewis (“Scooter”) Libby, Elliott Abrams, Abner Mikva, George W. Bush, Karl C. Rove, Scott McClellan, Jeralyn Merritt, Valerie Plame Wilson, Stephen Gillers, US Department of Justice, Mary Cheh
Timeline Tags: Niger Uranium and Plame Outing
Frank Lautenberg, one of the Senate Democrats critical of the White House’s response to the leak investigation. [Source: Washington Post]Congressional Democrats question whether President Bush and White House officials are trying to influence the Plame Wilson leak investigation through their comments. Recently, Bush told reporters that he doubted the person or persons who leaked CIA agent Valerie Plame Wilson’s identity to the press would ever be identified (see October 7, 2003). While administration officials say Bush was just acknowledging the difficulties such an investigation presents, Senator Frank Lautenberg (D-NJ) says his comments threaten to undermine the investigation by lowering expectations. “If the president says, ‘I don’t know if we’re going to find this person,’ what kind of a statement is that for the president of the United States to make?” Lautenberg asks. “Would he say that about a bank-robbery investigation? He should be as indignant as everybody else is over this breach.” Bush, says Lautenberg, “certainly seems far less certain about finding the leaker than he is about finding Osama bin Laden or Saddam Hussein.” Plame Wilson’s husband Joseph Wilson agrees. “This goes far beyond someone identifying my wife,” he says. “This was a breach of public trust, and I would think it would behoove the president to ensure that the appropriate assets are devoted to identifying the leaker.” In contrast, White House press secretary Scott McClellan says that criticism of the investigation “appear[s] to be more about politics than about getting to the bottom of the investigation.” Democrats are also critical of the White House’s vocal opposition to the appointment of a special prosecutor to handle the investigation. And they question McClellan’s recent attempts to exonerate three administration officials—Karl Rove, Lewis Libby, and Elliott Abrams—from any responsibility for the leak (see October 4, 2003 and October 5, 2003). In a letter to Bush, four Democratic senators—Tom Daschle (D-SD), Carl Levin (D-MI), Joseph Biden (D-DE), and Charles Schumer (D-NY)—write that McClellan’s assurances are part of an overall pattern of missteps and errors surrounding the White House’s response to the leak investigation. McClellan lacks the legal expertise to question possible suspects, they note. “The White House has now put the Justice Department in the position of having to determine not only what happened, but also whether to contradict the publicly stated position of the White House,” the senators write. Justice Department spokesman Mark Corallo says that anything White House officials say has “nothing to do with this investigation. The investigation will follow the facts.” [New York Times Magazine, 10/10/2003]
Entity Tags: George W. Bush, Charles Schumer, Carl Levin, Bush administration (43), Valerie Plame Wilson, Frank R. Lautenberg, US Department of Justice, Scott McClellan, Joseph Biden, Joseph C. Wilson, Elliott Abrams, Lewis (“Scooter”) Libby, Mark Corallo, Tom Daschle, Karl C. Rove
Timeline Tags: Niger Uranium and Plame Outing
In a press conference, White House press secretary Scott McClellan once again denies that White House officials Karl Rove, Elliott Abrams, and Lewis Libby had any involvement in the Plame Wilson identity leak. A reporter asks “whether any of them told any reporter that Valerie Plame [Wilson] worked for the CIA,” and McClellan responds: “Those individuals—I talked—I spoke with those individuals, as I pointed out, and those individuals assured me they were not involved in this. And that’s where it stands.… They assured me that they were not involved in this.” [White House, 10/10/2003]
Gannett News Service discovers that identical letters purporting to be from different US soldiers in Iraq are being published around the country as supposed “letters to the editor.” The Pentagon later admits that it released the letters as part of what it calls its “hometown news release program.” The letters are signed by different soldiers with the 2nd Battalion of the 503rd Airborne Infantry. At least 11 copies of the letter have appeared at a variety of small-town newspapers, including two (with identical copy but different signatures) coming to the Olympia-based Washington Olympian. That newspaper refused to run either letter because it considered them “form letters,” not actual letters from independent sources. But many other newspapers did run the letters. [Gannett News Service, 10/11/2003; Rich, 2006, pp. 107] One of them was the Boston Globe. [Boston Globe, 9/14/2003]
Troops Mobbed by Happy Iraqis, Proud of Accomplishments, Letter Says - The letter, written in five paragraphs, discusses soldiers’ efforts to re-establish police and fire departments, and rebuild water and sewer plants, in Kirkuk. “The quality of life and security for the citizens has been largely restored, and we are a large part of why that has happened,” the letter says. “The fruits of all our soldiers’ efforts are clearly visible in the streets of Kirkuk today. There is very little trash in the streets, many more people in the markets and shops, and children have returned to school. I am proud of the work we are doing here in Iraq and I hope all of your readers are as well.” It goes on to describe crowds of happy Iraqis waving at passing troops, and soldiers being mobbed by children grabbing their hands and thanking the troops in broken English.
Some Willingly Signed, but None Wrote Letter - Six of the soldiers who “signed” the various copies of the letter say they agree with its content, but deny writing it. Some admit to signing it. One, Private Nick Deaconson of Beckley, West Virginia, denies anything to do with the letter through his parents. Deaconson is hospitalized, recovering from shrapnel wounds in both legs. Another, Sergeant Christopher Shelton, who supposedly authored a letter that appeared in the Snohomish Herald, says his platoon sergeant distributed the letter and asked his soldiers for the names of their hometown newspaper. Shelton and others were asked to sign it if they agreed with it. Shelton calls the letter “dead accurate.”
Source Disputed - When the letters are revealed to be fakes, Army spokesman Sergeant Todd Oliver tells a reporter that an individual soldier wrote the letter and asked some of his fellow soldiers to sign it. “Someone, somewhere along the way, took it upon themselves to mail it to the various editors of newspapers across the country,” he says. Sergeant Shawn Grueser says he talked to a military public affairs officer about his unit’s accomplishments for what he thought was a news release to be sent to his hometown paper in Charleston, West Virginia, but says he never saw, much less signed, any letter. The Pentagon later says that “several soldiers” collaborated on the letter. [Gannett News Service, 10/11/2003; CBS News, 10/14/2003; Rich, 2006, pp. 107] Days later, the 2nd Battalion’s commander, Lieutenant Colonel Dominic Caraccilo, says his staff wrote the letter. He says his intent was to get “good news” back to the US more efficiently. He says he gave it to his soldiers and told them they could send copies home if they liked. “We thought it would be a good idea to encapsulate what we as a battalion have accomplished since arriving Iraq and share that pride with people back home,” he says. [BBC, 10/14/2008] The New York Times calls the “orchestrated campaign” of letters “disturbing.” It observes: “[T]he misleading letter… coincides with the Bush administration’s renewed program of defending the war in an ambitious speaking campaign across the nation. With polls registering rising public doubts, the president and his aides are claiming that the news media unfairly play up negative developments and ignore progress in Iraq” (see Mid-October 2003). It concludes, “Fakery is the worst possible way to answer the public’s rising demand for information about the true state of affairs in Iraq.” [New York Times, 10/15/2003]
Entity Tags: Boston Globe, Nick Deaconson, Gannett News Service, Bush administration (43), Dominic Caraccilo, Shawn Grueser, New York Times, The Olympian, Snohomish Herald, US Department of the Army, Christopher Shelton, US Department of Defense, Todd Oliver
Timeline Tags: Domestic Propaganda
Knight Ridder reporter Warren Strobel publishes an analysis of the potential damage the Plame Wilson identity leak (see Fall 1992 - 1996 and July 14, 2003) has caused to the CIA and to US national security. According to current and former CIA officials interviewed by Strobel, revealing Plame Wilson’s identity “may have damaged US national security to a much greater extent than generally realized.” Former CIA and State Department official Larry Johnson says flatly, “At the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Strobel notes that Plame Wilson’s training cost the US “millions of dollars and requires the time-consuming establishment of elaborate fictions, called ‘legends,’ including in this case the creation of a CIA front company that helped lend plausibility to her trips overseas.” Conservative columnist Robert Novak not only outed Plame Wilson, but her front company, Brewster Jennings (see October 2, 2003), a revelation that former CIA counterterrorism chief Vincent Cannistraro says puts other CIA officers at risk as well (see October 3, 2003). Plame Wilson’s career, as a specialist in Iraqi WMD, is now over, costing the agency her expertise, knowledge, and, perhaps most irreplaceably, the network of operatives and sources she has built up over the years. Former CIA agent Jim Marcinkowski, now a prosecutor in Michigan, says: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” Johnson calls himself “furious, absolutely furious” at the security breach. [Knight Ridder, 10/11/2003] According to anonymous intelligence officials, the CIA performed an “aggressive,” in-house assessment of the damage done by her exposure, and found it to have been “severe” (see Before September 16, 2003). It is unlikely that Strobel is aware of this assessment.
The Washington Post publishes the second of its “1x2x6” articles (see September 28, 2003), based on the idea that one anonymous whistleblower says two White House officials have leaked the identity of CIA official Valerie Plame Wilson to six journalists. (The “1x2x6” moniker will be coined in 2006 by, among others, author and blogger Marcy Wheeler.) The article focuses on the FBI’s scrutiny of the events of June 2003, “when the CIA, the White House, and Vice President Cheney’s office first were asked about former ambassador Joseph C. Wilson IV’s CIA-sponsored trip to Niger” (see February 21, 2002-March 4, 2002). The FBI “investigators are examining not just who passed the information to [conservative columnist Robert] Novak (see July 14, 2003) and other reporters but also how Plame [Wilson]‘s name may have first become linked with Wilson and his mission, who did it, and how the information made its way around the government.” Administration sources tell the Post that the officials who discussed Plame Wilson with reporters (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003) were not trying to expose her as a CIA official so much as they were trying to imply that she sent her husband on a “junket” to Niger and thusly discredit Wilson. “The officials wanted to convince the reporters that he had benefited from nepotism in being chosen for the mission,” the Post reports. The administration tried well before the Novak column to convince journalists that Wilson’s findings in Niger (see July 6, 2003) were not important (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). The anonymous “1x2x6” source stands by the claims he or she made for the previous Post article. [Washington Post, 10/12/2003; Marcy Wheeler, 8/29/2006] Three years later, Novak will identify White House press aide Adam Levine as the “1x2x6” source (see October 16, 2006).
John Dickerson. [Source: Writers Voice (.net)]Time magazine carries an article suggesting that White House official Karl Rove is no longer under suspicion for leaking the identity of CIA official Valerie Plame Wilson. However, at least three reporters involved in the writing and editing of the article know that Rove leaked the name, according to an analysis by the Media Matters website. The article prominently features White House press secretary Scott McClellan’s denial that Rove had any involvement in the leak (see September 29, 2003). Reporter Matthew Cooper, who himself had Plame Wilson’s identity leaked to him by Rove (see 11:00 a.m. July 11, 2003), and editors Michael Duffy and John Dickerson all know of Rove’s involvement in the leak. Duffy learned of the Rove leak from an e-mail Cooper sent him. Dickerson will later acknowledge that he, too, is aware of Rove’s leak to Cooper at the same time (see February 7, 2006). Although both Cooper and Dickerson are credited with writing the article, and Duffy edits it, none reveal their knowledge that McClellan’s denial is false and that Rove had, indeed, leaked Plame Wilson’s identity. Indeed, Media Matters will note, the article gives implicit credence to the notion that Rove is no longer under suspicion for the leak. Media Matters will also note that Dickerson will go on to co-write a January 2004 Time article with another reporter, Viveca Novak, which will say in part, “If there are culprits in the White House who leaked the identity of CIA operative Valerie Plame, they may now be dependent on reporters to protect their identities.” Media Matters will note that Dickerson was well aware that there were indeed “culprits” in the White House who outed Plame Wilson: “He knew there was at least one, and he knew who it was. Yet he told readers it was an open question and that no charges were likely.” Media Matters will also note that Novak knew at some point that Rove was Cooper’s source, though it is unclear if she knows it when she co-writes the January 2004 article with Dickerson. [Time, 1/12/2004; Media Matters, 2/6/2006] In 2005, the Los Angeles Times will report that Time magazine justified its reporting by saying it was “concerned about becoming part of such an explosive story in an election year.” [Los Angeles Times, 8/25/2005]
Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 ; US District Court for the District of Columbia, 10/28/2005 ; US District Court for the District of Columbia, 10/30/2006 ; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 ; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 ]
White House press secretary Scott McClellan is interviewed by several FBI agents as part of the FBI’s investigation into the Plame Wilson leak. The FBI team is led by John Eckenrode, the senior agent who has spearheaded the bureau’s investigation. McClellan is accompanied by a White House lawyer (see October 10, 2003). He has already turned over a sheaf of documents from his work files, including an e-mail from a friend of his personal assistant, Carmen Ingwell. The friend claimed that she had attended a class or lecture at a California university several years before, at which, she said, Plame Wilson’s husband, former ambassador Joseph Wilson, told his listeners that his wife was a CIA agent. McClellan will write, “I had no idea whether the story was true or not.” The FBI questions revolve mostly around “how the White House, including the White House’s communication team, operated and interacted with the media.” After the interview, McClellan remarks to the White House lawyer, Ted Ullyot, “I was surprised they didn’t ask any substantive questions about what I might know, such as my conversations with [Karl] Rove and [Lewis] Libby.” [McClellan, 2008, pp. 222] McClellan will subsequently be interviewed a second time by the FBI (see Late October or Early November, 2003).
A number of senior criminal prosecutors at the Justice Department, as well as top FBI officials, are privately critical of Attorney General John Ashcroft’s failure to recuse himself from the Plame Wilson leak investigation. Many say that the only way to ensure a fair and impartial investigation is to appoint a special prosecutor to handle the investigation. The New York Times calls the criticisms from the officials, who unanimously ask to remain anonymous, “the first sign of dissension in the department and the FBI as the inquiry nears a critical phase.” Ashcroft will soon have to decide whether to appoint a grand jury to look into the possibility of criminal conduct in the leak; such a grand jury could compel the testimony of White House officials. Ashcroft has long political and social ties to many White House officials, and as such, the Justice Department and FBI officials say, he cannot conduct an impartial investigation. Some of the Justice Department officials are supporters of Ashcroft, and worry that his reputation could be damaged by his failure to recuse himself. Democrats say the investigation has been tainted from the outset by Ashcroft’s relationship with White House officials. So far, a Justice Department official says, none of the prosecutors involved in the investigation have asked Ashcroft to recuse himself. [New York Times, 10/15/2003]
White House counsel Alberto Gonzales spurns advice from Democratic senators on how to ensure White House cooperation in the Plame Wilson leak investigation. In a letter, Gonzales writes, “We believe it is inconsistent with the constitution’s separation-of-powers principles for members of Congress to direct the president’s management of White House employees, as it would be for the president to suggest specific ways in which senators should handle their own staffs.” The senators had suggested, among other possible actions, firing any White House staffer who refused to cooperate with the Justice Department probe or tampered with records. [Reuters, 10/15/2003]
The White House launches a media campaign designed to spread the “good news” from Iraq. The campaign has two centerpieces: a squad of Republican congressmen and White House cabinet members (see Mid-October 2003) making brief visits to Iraq and coming back with “good news” to tell. Senator Larry Craig (R-ID) complains, “I was not told by the media in my country that thousands and hundreds of [Iraqi] children went back to school this week.” (Newspapers across the US did indeed report the reopening of Iraqi schools, according to the Associated Press.) The leader of the Congressional delegation, Mitch McConnell (R-KY), directly attacks the media for not reporting “good news” from Iraq: “Journalism schools teach that news means bad news.” One House member, George Nethercutt (R-WA), undercuts the message when he tells reporters the successes are more important than the loss of US soldiers: “The story of what we’ve done in the postwar period is remarkable. It is a better and more important story than losing a couple of soldiers every day.” The stories from the Congressional members are further undermined when the media reports that while they might have spent their days in Basra or Baghdad, they spent their nights in the safety of Kuwait. The second focus is on President Bush, who flies around the US giving interviews to carefully selected anchors and reporters from regional TV news providers such as Tribune Broadcasting, Belo, and Hearst-Argyle. These “heartland” news providers will presumably provide softer interviews than the Washington press corps. Bush’s main message is how much “good progress” is being made in Iraq. [Associated Press, 10/17/2003; Rich, 2006, pp. 104-105]
Senator Ted Kennedy (D-MA) speaking to the US Senate. [Source: Life magazine]Senator Edward Kennedy (D-MA), a longtime critic of the Bush administration’s push for war with Iraq, delivers a blistering rebuke from the floor of the US Senate to President Bush and the White House over what he calls “lie after lie after lie” it has given to the American people to justify the Iraq invasion. Kennedy calls the war “unnecessary… based on unreliable and inaccurate intelligence,” and notes that the US occupation of Iraq “has not brought an end to danger. Instead, it has brought new dangers, imposed new costs, and taken more and more American lives each week.” Iraq “was not a breeding ground for terrorism,” Kennedy asserts. “Our invasion has made it one.”
'Trumped-Up' 'Double Talk' - He accuses the administration of taking the nation to war on the basis of “trumped-up reasons” and “double-talk,” saying: “The American people were told Saddam Hussein was building nuclear weapons. He was not. We were told he had stockpiles of other weapons of mass destruction. He did not. We were told he was involved in 9/11. He was not. We were told Iraq was attracting terrorists from al-Qaeda. It was not. We were told our soldiers would be viewed as liberators. They are not. We were told Iraq could pay for its own reconstruction. It cannot. We were told the war would make America safer. It has not. Before the war, week after week after week after week, we were told lie after lie after lie after lie.”
Getting out of Iraq - But, Kennedy notes, now that the US is in Iraq, it cannot just withdraw and leave the country “to chaos or civil war [and risk it] becoming a danger to us far greater than it did before. The misguided policy of the past is no excuse for a misguided policy for the future. We need a realistic and specific plan to bring stability to Iraq, to bring genuine self-government to Iraq, to bring our soldiers home with dignity and honor.” Kennedy says he will vote against the administration’s $87 billion “emergency funding” bill for the occupation, and will continue to vote against future bills until the administration outlines a plan for withdrawing from Iraq. “A no vote is not a vote against supporting our troops,” he says. “It is a vote to send the administration back to the drawing board. It is a vote for a new policy—a policy worthy of the sacrifice our soldiers are making, a policy that restores America as a respected member of the family of nations, a policy that will make it easier, not far more difficult, to win the war against terrorism.”
'Huge' Spending Outlay - Kennedy gives examples of what the $87 billion is not being spent on:
“It is 87 times what the federal government spends annually on after-school programs.”
“It is seven times what President Bush proposed to spend on education for low-income schools in 2004.”
“It is nine times what the federal government spends on special education each year.”
The World's Next 'Failed Empire?' - Kennedy warns that for the US to continue to be “an occupier of other lands,” to “have to re-learn the lesson that every colonial power in history has learned,” risks making the US “the next failed empire in the world.” The Bush administration ignores the lessons of history, Kennedy says: “The most basic of those lessons is that we cannot rely primarily on military means as a solution to politically-inspired violence. In those circumstances, the tide of history rises squarely against military occupation. The British learned that lesson in Northern Ireland. The French learned it in Algeria. The Russians learned it in Afghanistan and are re-learning it every day in Chechnya. America learned it in Vietnam, and we must not re-learn it in Iraq.”
Protecting the US Military - The Bush administration is sacrificing the lives, the health, and the safety of the US soldiers in Iraq and elsewhere to its dreams of empire, Kennedy says. “Even with the best forces in the history of the world, our military cannot succeed if the mission is not achievable, if they are viewed as occupiers, and if we do not have a clearly defined and realistic strategy.… I am profoundly moved by the price they pay to serve our country, and profoundly impressed by their professionalism and commitment.… They tell me that far too many in Iraq believe we are there to take their oil, and that we will stay forever. They have no clear sense about their post-war mission. Some see it as winning the hearts and minds of the Iraqi people. Some believe it is security. Some feel it is to obtain intelligence about opposition forces and weapons caches. Others think it is to prevent sabotage of the oil pipelines and other vital infrastructure. Still others say it is to build sidewalks and soccer fields and schools and hospitals, and other local facilities. Not one of the soldiers told me their mission was to achieve Iraq’s transition to democracy.”
Supporting the Contractors at the Expense of Supporting the Iraqi People - The administration is far more interested in supporting large private contractors such as Halliburton and KBR, Kennedy says, than it is in actively helping the Iraqi people. “The administration’s policy of rushing to put large multibillion-dollar contracts in the hands of American firms ignores not only the lesson of history but also the lesson of human nature—the Iraqi people need to be the real partners in the reconstruction effort.” While private firms make enormous profits from government contracts, the most basic functions in Iraq remain unrestored. “Why not scale back the lavish resources being provided to US contractors and consultants and provide larger sums directly to the Iraqi people?” he asks.
Ignoring Iraq's History of Conflict and Dissension - The administration has flatly ignored a century of history in Iraq, Kennedy says, a century of division and dissension between warring religious, cultural, and ethnic groups. Since the British carved Iraq from the remnants of the collapsing Ottoman Empire after World War I, Kennedy says, the nation has been embroiled in conflict. “Iraq had no history of unity. In the words of one tribal chieftain, ‘History did not die; the tribes and notables who emerged in 1920 and created our modern state in 1921 are here to stay with all the others who came into being thereafter.’ Instead of learning from this painful history, we condemned ourselves to repeat it. Instead of anticipating the obviously similar and predictable divisions and demands when Saddam’s regime fell, the Bush administration believed that a few favored Iraqi exile leaders, many of them in exile for years, could return to Iraq, rally the population, and lead the new government. That was another failure. The Iraqi people rejected them from the start and resisted their domination.”
Working with the United Nations - The Bush administration seems unwilling to work with the United Nations to help bring peace and stability to Iraq, Kennedy says—in his view, a critical error. In January 2000, before becoming Bush’s national security adviser, Condoleezza Rice wrote of the importance of the UN in the US’s foreign relations. Kennedy says: “Condi Rice’s words indict the administration’s own policy now. It is essential to involve the international community as an active and equal partner in the political transition of Iraq. We need to give the UN a central role.… No one doubts that the United States should remain in charge of the military operation. But internationalizing the reconstruction is not a luxury; it is an imperative.”
Conclusion - Kennedy concludes by quoting from a book by former President George Herbert Walker Bush and his national security adviser, Brent Scowcroft, reflecting on their experiences with Iraq and the 1991 Gulf War (see September 1998). Overthrow and occupation was the wrong goal in 1991, Bush and Scowcroft wrote, and, Kennedy says, was the wrong goal in 2003. “It is time for this administration to admit that it was wrong, and turn in a new direction.… We need to actively engage the Iraqi people in governing and rebuilding their country. Our soldiers now risking their lives in Iraq deserve no less. Here at home, all Americans are being asked to bear the burden too—and they deserve more than a phony summons to support our troops by pursuing policies that will only condemn them to greater and greater danger. Yes, we must stay the course—but not the wrong course.” [CommonDreams, 10/16/2003]
Cover of Because Each Life Is Precious. [Source: Ozon (.ru)]The book Because Each Life is Precious: Why an Iraqi Man Risked Everything for Private Jessica Lynch, is published by HarperCollins. It is co-written by Iraqi lawyer Mohammed Odeh al-Rehaief, who provided US forces with information necessary for the rescue of Lynch (see June 17, 2003). Al-Rehaief was rewarded for his contributions with political asylum in the US, a job with a Republican-owned lobbying firm, and a $300,000 book contract (see April 10, 2003 and After). The book was promoted by former US Information Agency official Lauri Fitz-Pegado, who in 1990 worked for public relations firm Hill & Knowlton. While at that firm, Fitz-Pegado helped run the propaganda campaign that alleged Iraqi forces had broken into a Kuwaiti infirmary, thrown Kuwaiti babies to the floor, and stolen their incubators. The story was catapulted into the headlines by the gripping testimony of a 15-year old girl, “Nayirah,” who testified before Congress that she had witnessed the atrocities (see October 10, 1990). The girl was actually the daughter of the Kuwaiti ambassador to the US and had been coached on what to say by Fitz-Pegado. Like Naiyrah’s, al-Rehaief’s story is riddled with apparent falsehoods, including the now well-known story of Lynch being slapped by a black-clad Iraqi Fedayeen, a tale disputed by the doctors and nurses at the hospital in which Lynch was receiving care. Executives of the Livingston Group, the lobbying firm which now employs al-Rehaief, say that his life is in danger from “terrorists,” though they give no details of the alleged threats; interestingly, the firm canceled an appearance by al-Rehaief at the National Press Club shortly before the book’s release, thus denying reporters a chance to question al-Rehaief about his version of events. In the book, al-Rehaief writes, “I cannot say how I had pictured this American POW but I never imagined her as quite so small or quite so young.” When he saw her being slapped, he writes: “In that moment I felt compelled to help that person in the hospital bed. I had no idea of what I could do, but I knew that I had to do something.” Independent reporter Andrew Buncombe calls the book an example of “the murky world where myth, reality and disinformation merge…” [Independent, 10/19/2003; United Press International, 10/23/2003; Public Relations Watch, 6/3/2007]
An internal CIA memo detailing the January 2002 meeting in which former ambassador Joseph Wilson was chosen to go to Niger to find out the truth behind the Iraq-Niger uranium allegations (see February 13, 2002) is published by the Wall Street Journal. The memo is due to be turned over to the Department of Justice along with thousands of other documents as part of its investigation into the outing of Wilson’s wife, CIA agent Valerie Plame Wilson (see September 26, 2003). The document shows that while Plame Wilson was involved in the decision to send her husband to Niger, she was not responsible for making the final decision, a conclusion already verified by CIA officials (see July 22, 2003). [Wall Street Journal, 10/17/2003]
State Department official Marc Grossman, who authored a classified memo that included Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003), gives a statement to the FBI as part of the Plame Wilson investigation. Grossman testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. [Marcy Wheeler, 1/24/2007] It is believed that, during this interview, Grossman tells the FBI that he told Libby about Plame Wilson’s FBI status, a claim that Libby will deny, but that Grossman and several other witnesses will continue to assert. [Truthout (.org), 4/14/2006]
Secretary of State Colin Powell is asked by CBS anchor Bob Schieffer whether Senator Edward Kennedy’s assessment that “the American people were told lie after lie after lie in the buildup before the war and in those days after” is accurate (see October 16, 2003). Powell responds: “I have to disagree strongly with Senator Kennedy. The American people were not told lie after lie after lie. The American people were told that we have a dangerous situation in Iraq, that Saddam Hussein was ignoring 12 years of UN resolutions, that he had and was developing weapons of mass destruction.” Powell insists that Iraq may well have had “programs for the development of weapons of mass destruction” even if the actual weapons did not exist, “but let there be no doubt about what Saddam Hussein’s intentions always were. He had weapons of mass destruction, he has used weapons of mass destruction, and the president determined that it was not a risk the world should have to face any longer.” The question is essentially moot now, Powell adds, because Hussein has been overthrown. [US Department of State, 10/19/2003]
Cathie Martin, the communications director for Vice President Dick Cheney, is interviewed by the FBI concerning the Plame Wilson identity leak. Little information about her interview is made public, but during the Lewis Libby perjury trial, Martin will be asked about a telephone call between Libby and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Martin says she was on a call with someone else but was able, to an extent, to follow Libby’s side of the conversation. She does not remember Libby saying that some “reporters are saying,” the words Libby used to characterize his knowledge of Valerie Plame Wilson’s CIA identity. [Marcy Wheeler, 1/29/2007] She does tell the agents that she believes she spoke to Cheney and Libby about Plame Wilson sometime around July 9. Martin has been aware of Plame Wilson’s CIA status since at least early June (see 5:25 p.m. June 10, 2003). [Marcy Wheeler, 1/25/2007]
Jim Marcinkowski (left) and Larry Johnson. [Source: CNN]Former CIA case officer Jim Marcinkowski, a former classmate of outed CIA case officer Valerie Plame Wilson (see Fall 1985), is outraged by the revelation of Plame Wilson’s CIA status and the allegations that the leak of her identity is not a crime (see July 14, 2003 and September 29, 2003). Another former classmate of Plame Wilson’s, former CIA agent Larry Johnson, says: “[W]hat I keep seeing in the newspaper is the spin and leak that this is no big deal. And that’s got to stop.… The problem with this is a lot of the damage that has occurred is not going to be seen. It can’t be photographed. We can’t bring the bodies out because in some cases it’s going to involve protecting sources and methods. And it’s important to keep this before the American people. This was a betrayal of national security.” Marcinkowski concurs: “This is an unprecedented act. This has never been done by the United States government before. The exposure of an undercover intelligence officer by the US government is unprecedented. It’s not the usual leak from Washington. The leak a week scenario is not at play here. This is a very, very serious event.” Plame Wilson was an NOC, or nonofficial cover officer (see Fall 1992 - 1996). “It was the most dangerous assignment you could take. It takes a special sort of person,” says Marcinkowski, who is now a prosecutor in Michigan. Former CIA official Kenneth Pollack agrees, describing an NOC’s identity as the “holiest of holies.” Many believe that the outrage among the rank and file of CIA agents and officials at Plame Wilson’s outing was so strong that CIA Director George Tenet had little choice but to recommend that the Justice Department investigate the leak (see September 16, 2003). Marcinkowski says: “In this particular case, it was so far over the line, I think myself and a lot of us were truly outraged that the government would do this.… I mean, we kept our mouths closed since 1985, when we joined.” Johnson, noting that both he and Marcinkowski are registered Republicans, says: “As a Republican, I think we need to be consistent on this. It doesn’t matter who did it, it didn’t matter which party was involved. This isn’t about partisan politics. This is about protecting national security and national security assets and in this case there has been a betrayal, not only of the CIA officers there, but really a betrayal of those of us who have kept the secrets over the years on this point.” [Guardian, 10/22/2003; CNN, 10/24/2003]
Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” [No Quarter, 7/18/2005; Wilson, 2007, pp. 382-386]
Entity Tags: George W. Bush, Chuck Hagel, Christopher (“Kit”) Bond, Central Intelligence Agency, Bush administration (43), Brent Cavan, Dianne Feinstein, Vincent Cannistraro, Senate Intelligence Committee, Clinton administration, Larry C. Johnson, John D. Rockefeller, John Ashcroft, Tom Daschle, Jim Marcinkowski, Pat Roberts, Valerie Plame Wilson
Timeline Tags: Niger Uranium and Plame Outing
A frightened Shoshana Johnson, photographed by her captors an hour after she was shot and captured by Iraqi fighters. [Source: Al-Jazeera / CNN]Army Specialist Shoshana Johnson, captured in the same Iraqi assault that ended in the captivity and eventual rescue of Private Jessica Lynch (see June 17, 2003), has faced a very different ordeal than her more famous comrade. Johnson was held captive for 22 days before being released. During her captivity, she was shot in both legs. She still suffers from severe physical and emotional trauma. She has not spoken out while Lynch became the focus of so much media attention, but she now feels she must: the Army has informed her that she will receive only a 30 percent disability benefit for her injuries. Lynch will receive an 80 percent disability benefit. Johnson is African American; Lynch is Caucasian. The difference amounts to between $600-$700 per month, a significant amount for Johnson, who is raising a three-year-old daughter. Johnson’s family has enlisted the help of civil rights activist Jesse Jackson to help make their case in the national press. Jackson says the discrepancy implies that a racial double standard is at work in the two women’s cases. “Here’s a case of two women, same [unit], same war; everything about their service commitment and their risk is equal,” Jackson says. “Yet there’s an enormous contrast between how the military has handled these two cases.” Philadelphia radio host Mary Mason says more bluntly: “Shoshana is getting the shaft, and people are outraged about it. It’s ridiculous, and complete racism.” Some have speculated that the difference in race and appearance—Lynch, a winsome, tiny blonde, is acknowledged to be quite photogenic, while Johnson is darker and heavier-featured—may have played a role in the selection of Lynch over Johnson to gain such heavy media coverage. Johnson’s father Claude, an Army veteran, says neither Shoshana nor the family begrudge Lynch her disability. They just believe that the benefits should be more equal. Lynch says she and Johnson are friends, and she hopes Johnson receives every benefit due her. The Army denies any bias, and says its decision on benefits is made according to a soldier’s injuries. Democratic political strategist Donna Brazile, an African American, says she won’t watch the NBC movie about Lynch’s ordeal (see November 10, 2003). “Jessica’s story is a compelling story, but so is Shoshana’s,” she says. “My reason for not tuning in is simple: I am tired of the double standard.” [Black Entertainment Television, 10/24/2003; Boston Globe, 11/9/2003] Johnson’s benefits will later be revised upwards (see March 18, 2008).
Cher talks with a wounded soldier at Landstuhl Medical Center in Germany. [Source: Todd Goodman / US Army]Cher, the celebrity singer and actress, calls in to a morning C-SPAN talk show broadcast. She calls anonymously to discuss her recent visit to the Walter Reed Army Medical Center, where she visited with soldiers wounded in Iraq. She praises the courage and resilience of the soldiers, many of whom have suffered horrific wounds. After she admits to being an entertainer who has worked with the USO, C-SPAN host Peter Slen realizes who she is, and asks, “Is this Cher?” She replies, “Yeah,” and continues to discuss the troops and their “unbelievable courage.” Shortly thereafter, she says: “I wonder why [Dick] Cheney, [Paul] Wolfowitz, [Paul] Bremer, the president—why aren’t they taking pictures with all these guys?… Talking about the dead and wounded, that’s two different things. But these wounded are so devastatingly wounded.… It’s unbelievable. You know, if you’re going to send these people to war, then don’t hide them.… Have some news coverage where people are sitting and talking to these guys and seeing how they are and seeing their spirit. It’s just—I think it’s a crime.” [Village Voice, 11/5/2003; Carter, 2004, pp. 65-66] Shortly after the Walter Reed visit, Cher will become heavily involved in working with wounded veterans through organizations such as Operation Helmet and the Intrepid Fund. She will say of her activism: “I don’t have to be for this war to support the troops because these men and women do what they think is right. They do what they’re told to do. They do it with a really good heart. They do the best they can. They don’t ask for anything.… I can’t speak for everyone, but everyone seems to be against the war but not realizing that that’s not good enough. You’ve got to do something besides just be against it. You’ve got to do some helping as well.” [Stars and Stripes, 7/16/2006]
Former ambassador Joseph Wilson sits down with Jeff Gannon of Talon News to discuss the outing of his wife, Valerie Plame Wilson, as a CIA agent (see July 14, 2003), his trip to Niger that helped debunk the claim that Iraq tried to buy uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003), and his concerns over the Iraq war. Wilson is unaware that Gannon is in reality James Guckert, a gay prostitute who moonlights as a fake journalist for the right-wing Talon News (see January 26, 2005 and January 28, 2005). Little of what Gannon/Guckert elicits is new information.
Access to Classified Information? - However, early in the interview, Gannon/Guckert refers to a classified memo when he says, “An internal government memo prepared by US intelligence personnel details a meeting in early 2002 where your wife, a member of the agency for clandestine service working on Iraqi weapons issues, suggested that you could be sent to investigate the reports.” The FBI will investigate Gannon/Guckert’s knowledge of the memo, but he will deny ever having seen it. It is not clear from whom he learned of the memo [Talon News, 10/28/2003; Wilson, 2007, pp. 216] , though he will insist that he received the information from “confidential sources.” [Antiwar (.com), 2/18/2005]
America Did Not Debate Redrawing the Middle East as a Rationale for War - Wilson notes that he considered “the invasion, conquest, and occupation of Iraq for the purpose of disarming Saddam [Hussein] struck me as the highest risk, lowest reward option.… [W]e ought to understand that sending our men and women to kill and to die for our country is the most solemn decision a government has to make and we damn well ought to have that debate before we get them into harm’s way instead of after.” He explains why the idea that his wife selected him for the Niger mission is incorrect. When Gannon/Guckert attempts to pin him down by citing the initial meeting in which Plame Wilson suggested Wilson for the mission (see February 13, 2002), Wilson notes, “[T]hat fact that my wife knows that I know a lot about the uranium business and that I know a lot about Niger and that she happens to be involved in weapons of mass destruction, it should come as no surprise to anyone that we know of each others activities.” Wilson says that the aims of the administration’s neoconservatives—to redraw “the political map of the Middle East,” is something that has not been debated by the nation. The US did not debate the war with Iraq “on the grounds of redrawing the map of the Middle East,” he notes.
Wilson Did Not Violate CIA Secrecy in Revealing Niger Mission - Gannon/Guckert asks if Wilson violated CIA secrecy in going public with the results of his Niger mission, as some on the right have asserted. Wilson reminds Gannon that his was not a clandestine trip, “not a CIA mission,” but an aboveboard fact-finding journey. Those circumstances were well understood by the CIA before he left for Niger.
Implications of French Complicity in Niger Allegations Debunked - Gannon/Guckert tries to insinuate that the French may have had something to do with keeping the alleged uranium sales secret, and Wilson quickly shoots that line of inquiry down, saying, “The fact that you don’t like the French or that the French seem to have favored a different approach on this is far different from the French violating UN Security Council resolutions of which they are signatories, and clandestinely transferring 500 tons of uranium to a rogue country like Iraq is a real reach.” He then describes just how impossible it would have been for the French to have facilitated such a secret uranium transfer even had it wished.
Refuses to Accuse Rove Directly - Wilson refuses to flatly name White House political strategist Karl Rove as the person behind the leaks of his wife’s clandestine identity, though he notes that Rove indeed labeled his wife “fair game” to the press (see July 21, 2003) and that Rove was in a perfect position to have orchestrated the leak. When Gannon/Guckert tells Wilson that conservative columnist Robert Novak, who first published Plame Wilson’s name and occupation, denies that the White House gave him the information on her identity, Wilson retorts, “Novak has changed his story so much that it’s hard for me to understand what he is talking about” (see September 29, 2003).
When a Leak Is Not a Leak - Gannon/Guckert brings up the allegation from New York Times columnist Nicholas Kristof that Plame Wilson was revealed as an undercover agent by Russian spy Aldrich Ames in 1994. Because Ames may have revealed Plame Wilson’s identity to the Russians, Gannon/Guckert asks, isn’t it possible that she was no longer an undercover agent? Wilson refuses to validate the Ames speculation, and finally says that the CIA would not be treating this so seriously if it were as frivolous an issue as Gannon/Guckert suggests. “[R]emember this is not a crime that has been committed against my wife or against me,” he says. “If there was a crime, it was committed against our country. The CIA has referred the matter to the Justice Department for further investigation, I don’t believe that’s a frivolous referral.” [Talon News, 10/28/2003]
Former senior Watergate counsel Samuel Dash (see March 25, 1973) writes that if Bush administration officials leaked the identity of covert CIA officer Valerie Plame Wilson to the press (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), “they may have committed an act of domestic terrorism as defined by the dragnet language of the Patriot Act their boss wanted so much to help him catch terrorists.” Dash notes that the Patriot Act defines domestic terrorism as “acts dangerous to human life that are a violation of the criminal laws of the United States or of any state” that “appear to be intended to intimidate or coerce a civilian population.” In Dash’s estimation, the Plame Wilson leak meets this criteria. It put Plame Wilson’s life at risk along with “her contacts abroad whom terrorists groups can now trace.” It is a clear violation of US criminal law. And its intent was to “intimidate or coerce a civilian population”—to intimidate Plame Wilson’s husband, former ambassador Joseph Wilson, into silence, along with “all critics of the administration” who now know “they too can be destroyed if they persist.” Dash notes that the Patriot Act “distorts the criminal law, and its dragnet provisions threaten the liberty of too many innocent people,” so such an accusation—the Bush administration committed an act of domestic terrorism—may be an overstatement of the realities of the case. However, Dash continues, interpreting the law is irrelevant. The administration’s actions under the existing law are the issue. Dash writes that the Justice Department faces a dilemma: “Can they treat this investigation differently from any other terrorist investigation? Under the Patriot Act, they have acquired expanded powers to wiretap and search. Will they place sweeping and roving wiretaps on White House aides? Will they engage in sneak, secret searches of their offices, computers, and homes? Will they arrest and detain incommunicado, without access to counsel, some White House aides as material witnesses?” The Justice Department will not do so, Dash writes, nor should they: “I hope they would not employ such police-state tactics. I had hoped they would not use them against ordinary American citizens, but the attorney general has done so, insisting he needs to use these powers to protect our safety. Then why are they not equally needed in a domestic terrorism investigation of White House aides?” Dash concludes that whether or not the leak “constitutes an act of domestic terrorism under the Patriot Act, it was certainly an outrageous betrayal of trust and an arrogant display of power by officials charged with protecting our national security and, on behalf of the president, assuring that the laws are faithfully executed.” [Newsday, 10/28/2003; Wilson, 2004, pp. 399-401]
During a Rose Garden press conference, President Bush is asked why he has not required White House staffers to sign affidavits denying their involvement in the Plame Wilson leak. The reporter asks: “You have said that you are eager to find out whether somebody in the White House leaked the identity of an undercover CIA agent. Many experts in such investigations say you can find if there was a leaker in the White House within hours if you asked all staff members to sign affidavits denying involvement. Why not take that step?” Bush responds: “[T]he best group of people to do that so that you believe the answer is the professionals at the Justice Department. And they’re moving forward with the investigation. It’s a criminal investigation. It is an important investigation. I’d like to know if somebody in my White House did leak sensitive information. As you know, I’ve been outspoken on leaks. And whether they happened in the White House, or happened in the administration, or happened on Capitol Hill, it is a—they can be very damaging. And so this investigation is ongoing and—by professionals who do this for a living, and I hope they—I’d like to know.” [White House, 10/28/2003]
Representative John Conyers (D-CA), the ranking member of the House Judiciary Committee, writes a letter to committee chairman James Sensenbrenner (R-WI), asking that the committee open an investigation into the Plame Wilson identity leak. Sensenbrenner will not respond to Conyers’ letter. [Waxman, 12/2005]
At the Asian-Pacific Economic Summit in Bangkok, Thailand, President Bush lauds Australian Prime Minister John Howard for resisting his country’s parliament and sending troops to Iraq in support of the US. Bush says that the Iraq invasion will transform the Middle East into a region of democracy. “Iraq will change the Middle East,” he says. “Iran will change” because of what the US is doing in Iraq. “I believe Iraq is the place” that will make democracy flourish in the region. “It will evolve into a democratic, free” country like Turkey or Bahrain is “moving to.… I believe it is going to happen.” [McClellan, 2008, pp. 195-196]
The Office of Legal Counsel (OLC)‘s Nicholas Quinn Rosenkranz sends a classified memo to his boss, OLC chief Jack Goldsmith. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 ]
White House press secretary Scott McClellan is interviewed a second time by FBI agents investigating the Plame Wilson leak (see Mid-October 2003). As McClellan will later recall, this second meeting is “more targeted to what I might know.” [McClellan, 2008, pp. 222]
Former CIA analyst Ray McGovern says: “The war on Iraq was just as much prompted by the strategic objectives of the state of Israel as it was the strategic objectives of the United States of America. Indeed, the people running this war are people who have worked for the government of Israel in the past, people who have prepared position papers for former Israeli Prime Minister Benjamin Netanyahu and others. These are people who are well attuned to Israel’s objectives. The authors of the Project for the New American Century [PNAC—see September 2000] have set out for the United States to become the dominant power in the world. And, Israel, for its own part, is hell bent on remaining the dominant power in the Middle East.” [Sojourners, 11/2003]
On NBC’s “Meet the Press”, Defense Secretary Donald Rumsfeld denies that Americans were misinformed about Iraqi nuclear arms. Rumsfeld says that no one in the administration ever claimed Iraq had tried to obtain nuclear weapons. Moderator Tim Russert asks: “But, Mr. Secretary, you acknowledge that there was an argument made by the administration that Saddam Hussein possessed chemical and biological weapons, and could have been well on his way to reconstituting his nuclear program. There doesn’t appear to be significant amounts of evidence to document that presentation that was made by the administration.” Rumsfeld says that this administration as well as preceding administrations “all agreed” that Iraq had chemical and biological weapons, “and that they had programs relating to nuclear weapons that they were reconstituting—not that they had nuclear weapons—no one said that.” The administration made numerous claims of Iraq possessing “reconstituted” nuclear weapons, including claims made by the CIA (see January 30, 2002), Vice President Dick Cheney (see September 8, 2002), and the entire intelligence community (see October 1, 2002). Russert follows up by asking if it was possible “that the inspections in fact did work, that the enforcement of the no-fly zone did work, and that Saddam in fact no longer had a weapons of mass destruction capability?” Rumsfeld replies that it is possible Saddam Hussein “took his weapons, destroyed them, or moved them to some other country.” [US Department of Defense, 11/2/2003]
Wall Street Journal reporter Brian Anderson writes: “Watch Fox [News] for just a few hours, and you encounter a conservative presence unlike anything on television. When CBS and CNN would lead a news item about an impending execution with a candlelight vigil of death-penalty protesters, for example,” Anderson quotes Fox senior vice president for news John Moody as saying it is “de riguer that we put in the lead why the person is being executed.” Anderson continues, “Fox viewers will see Republican politicians and conservative pundits sought out for meaningful quotations, skepticism voiced about environmental ‘doomsaying,’ religion treated with respect, pro-life views given airtime—and much else they’d never find on other networks” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 50]
President Bush signs a bill into law banning so-called “partial-birth abortions.” A similar bill was vetoed by then-President Clinton in 1996 (see April 1996). The bill signing is part of a ceremony of abortion opposition featuring some 400 lawmakers and anti-abortion advocates. The new law, known as the Partial Birth Abortion Ban Act, is the first time the federal goverment has banned an abortion procedure since the 1973 Roe v. Wade decision legalized abortions (see January 22, 1973). A federal judge in Nebraska has already said the law may be unconstitutional, and many observers expect it to be challenged. [CBS News, 4/19/2007] Three years later, the Supreme Court will uphold the law (see April 17, 2007).
Publicity photo from ‘The Reagans’ miniseries, with James Brolin and Judy Davis as Ronald and Nancy Reagan. [Source: Time]Conservative pundits react with outrage over reports that CBS will air a documentary miniseries about former President Ronald Reagan and his family, titled The Reagans, that contains controversial, and sometimes unsourced, material some feel is unflattering to Reagan and his family. Rush Limbaugh, Sean Hannity, the Wall Street Journal op-ed page, and many commentators on Fox News object so strongly that CBS eventually alters the content of the movie and shunts it out of its lineup entirely (it will instead air on CBS’s cable provider Showtime). The movie was produced by people who “hate Reagan,” Limbaugh charges. Hannity poses the rhetorical question: “Does the whole episode expose the Reagan-hating, liberal-leaning tendencies of the mainstream press?… CBS has a history of Reagan-bashing.” The Journal observes: “[W]hat caused this particular network wall to come tumbling down was largely the new media: [the] Drudge [Report], cable, talk radio, and so on. Not only did the new media disseminate information about the script to CBS viewers, it also provided the viewers, via the immediacy of e-mail, the means to ensure that [CBS chairman Leslie] Moonves would feel their pain.” [Jamieson and Cappella, 2008, pp. 72-73] Conservative pundit Pat Buchanan predicted, “Advertisers will bail on CBS’ anti-Reagan movie,” in the days before CBS’s decision. Conservative MSNBC pundit and columnist Robert Novak said of the miniseries: “CBS is serving up a new version of the Ronald Reagan story, just before Thanksgiving. That’s appropriate. With all the Hollywood liberals involved, it could be a real turkey.” And the conservative watchdog organization Media Research Center (MRC) launched a boycott targeting CBS’s potential advertisers. It decided to take action, calling on 100 major companies to review the script and consider avoiding buying ad time on the miniseries. MRC founder Brent Bozell wrote, “‘The Reagans’ appears to be a blatantly unfair assault on the legacy of one of America’s greatest leaders.” In an interview, Bozell said: “Reagan is being portrayed as a hateful, half-nut homophobe. It’s not that the historical record is being distorted. It’s that the makers of the movie are deliberately defaming him and lying about him.” None of the pundits and critics have seen any more than a brief clip CBS provided for publicity purposes.
Fictionalized Conversation - One portion of the miniseries, concerning Reagan’s position on AIDS victims, features at least some fiction. Reagan is portrayed as “uncaring and judgmental” towards AIDS patients, says a CBS News article, and in the script, Reagan turns down his wife Nancy’s plea to help them, saying, “They that live in sin shall die in sin.” Lead author Elizabeth Egloff admitted that she has no documentation of Reagan ever saying such. However, Egloff said, “we know he ducked the issue over and over again, and we know she was the one who got him to deal with that.” Reagan insiders deny Egloff’s characterization. Reportedly Nancy Reagan is angry about the miniseries.
Re-Editing for 'Fair'ness - Moonves recently told a CNBC interviewer: “Nobody’s seen the film. So any criticism now, in the middle of October for a film that isn’t finished, is rather odd, we think.” He admitted that the film was being re-edited “to present a fair picture of the Reagans.… There are things we like about the movie, there are things we don’t like about the movie, there are things we think go too far.” [CBS News, 10/29/2003]
Son Speaks Out - Conservative pundit Michael Reagan, the former president’s son, celebrates the decision, calling the documentary a “smear job on my dad” and writing that to most “Hollywood liberals,” apparently including the filmmakers, “[c]onservatives, in their twisted minds, are sworn enemies of progress and everything else that’s good and decent in Hollywood’s view, you know, good things like abortion and gay Boy Scout scoutmasters and Communist dictators such as their hero Fidel Castro.… [T]he elitist liberals at CBS fall right in line with this leftist garbage, and, as they did in this instance, allowed Hollywood the liberty of creating an attack vehicle against my dad and my family and then claiming it was an historical documentary that portrays the Reagans as they really are.” Like many other conservatives, Reagan seems particularly displeased that James Brolin, the husband of liberal Hollywood star Barbra Streisand, plays his father. [MSNBC, 11/5/2009]
Entity Tags: Fox News, Showtime, Elizabeth Egloff, Brent Bozell, Barbra Streisand, Sean Hannity, Rush Limbaugh, Wall Street Journal, Robert Novak, Media Research Center, Leslie Moonves, James Brolin, CBS, Ronald Reagan, Nancy Reagan, Patrick Buchanan, Michael Reagan
Timeline Tags: Domestic Propaganda
Congress passes a law that states US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general will inform Congress if officials refuse to cooperate with his inquiries. President Bush issues a signing statement directly contradicting the law. According to Bush’s statement, the inspector general “shall refrain” from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations. [Boston Globe, 4/30/2006]
Time magazine does a cover story on the recovering Private Jessica Lynch, who is the subject of a biography (see November 11, 2003) and a television movie (see November 10, 2003). The article profiles Lynch as she recovers from her wounds at her home in West Virginia. She says she had no idea that within hours of her rescue from an Iraqi hospital (see June 17, 2003), she had become an instant celebrity (see April 3, 2003). “I didn’t think that anyone out there even knew I existed, let alone write me a letter,” she says. “I was asking my mom, ‘Did I make the hometown Journal?’ She was like, ‘Yeah, you made it, plus all these world papers.’” Her father Greg recalls that she and the family were excited when Defense Secretary Donald Rumsfeld came to their home to visit. “That was rewarding,” he says. “Not every day that you meet the big boys.” President Bush has not called the Lynch home, but, according to her father, she does not expect him to call. “He’s got a job to do,” her father says. Her physical recovery is a slow, unsteady process, but she is improving, her parents and physical therapist say. [Time, 11/9/2003]
Image from the ‘Saving Jessica Lynch’ poster. [Source: Satellite Imaging Corporation]NBC’s television movie, Saving Jessica Lynch (see August 5-8, 2003), airs, attracting mediocre ratings. The film is based on the dubious account by Iraqi lawyer Mohammed Odeh al-Rehaief as published in his book Because Every Life is Precious, and actually makes al-Rehaief, not Lynch, the central figure. Lynch and her family refused to take part in the movie’s production; Lynch even refused to meet with al-Rehaief when he journeyed to her hometown in West Virginia. Days before its airing, Entertainment Weekly critic Ken Tucker, after previewing it, lambasted it as “odious,” slammed its “assiduously bland storytelling,” and said that it “represents everything that’s wrong with this genre,” a subdivision of TV docudramas that he calls the “so-called women-in-jeopardy telefilm.” The New York Times’ Alessandra Stanley calls it a “shameless attempt [by NBC] to capitalize on [a] real-life horror stor[y].” A later Times review will note, “An inordinate amount of poetic license is taken with the events surrounding Jessica’s rescue, with a plethora of ridiculous coincidences and serial-like thrills and chills thrown in to pep up the story.” [New York Times, 11/7/2003; Baltimore Sun, 11/11/2003; New York Times, 2008] (NBC airs a disclaimer at the beginning of the movie: “This motion picture is based on a true story. However, some names have been changed and some characters, scenes and events in whole or part have been created for dramatic purpose.”) [Salon, 11/13/2003] In a review for the Deseret News, Scott Pierce writes, “If I thought NBC executives were capable of feeling shame, I’d suggest that they should be ashamed of themselves for foisting Saving Jessica Lynch off on viewers.” He calls the movie “a simple case of a network investing itself and its money in a project designed to grab ratings without pausing to find out what the real story was. And then not really worrying too much about getting its facts straight.… Never mind that the original story Americans were told about the rescue turned out to be largely bogus. Never mind that independent news organizations have called into question al-Rehaief’s version of events. This was ‘created for dramatic purposes.‘… [W]hat makes the telefilm nothing short of reprehensible is that, disclaimer or not, it presents fiction as fact and exploits the facts for ratings. I can’t help but think of how the families of the soldiers who died must feel about this.” [Deseret News, 11/8/2003]
Cover of I Am a Soldier, Too. [Source: Entertainment Weekly]Rick Bragg’s biography of Jessica Lynch (see June 17, 2003) is released under the title I Am a Soldier, Too (see September 2, 2003). Entertainment Weekly reviewer Tina Jordan says the book is straightforward, and shows Lynch as a humble young woman refusing to take credit for things she did not do: “I didn’t kill nobody,” Lynch says. Her memory of the hours after her injuries in the initial ambush are gone, and her story of her nine days under the care of Iraqi doctors parallels the story as told by other media sources after the initial propaganda blitz from the US military and media outlets such as the Washington Post (see April 1, 2003) had run its course. (The initial propaganda onslaught had an effect: a Marine interviewed for the book recalls: “I took it right to heart. I have a sister. She’s 19.… I thought of the people who would do that. I wanted to kill them. I killed 34 of them.”
Three-Part Structure - Bragg divides the book into three parts: the first a retelling of Lynch’s life before joining the Army, as another young woman in an impoverished West Virginia hamlet who, like her brother and so many other young people of the area, joined the military in hopes to build a future for herself. The second part of the book focuses on the March 23 ambush and capture (see March 23, 2003), and her nine days as a patient in an Iraqi hospital (see May 4, 2003). The third and last part of the book chronicles Lynch’s attempt to set her story straight. She never attempted to claim any undue credit for herself, consistently refusing to embrace the myth of her “heroism” in which the military and the media attempted to cloak her (see April 3, 2003).
Allegation of Rape - Jordan writes that “Bragg manages to suppress his penchant for overblown prose to give the straight story on Lynch’s remarkable ordeal.” New York Times reviewer David Lipsky is less forgiving, noting numerous infelicitously written passages and concluding that the book suffered from being written under a tight deadline. But amidst the sober retelling of facts, Bragg heads off in a controversial direction: alleging a sexual assault that Lynch does not recall suffering. [Baltimore Sun, 11/11/2003; Entertainment Weekly, 11/19/2003; New York Times, 12/14/2003] Lynch herself says she read the book but skipped the parts that were too hard for her to relive, the parts, she says, that made her parents cry. As for the allegation that Lynch was raped, Bragg says it was her parents that wanted that included in the book: “because if we didn’t put it in, the story wouldn’t be compete. It would be a lie.” [Time, 11/9/2003] But a Philadelphia Inquirer book reviewer notes angrily: “[The] revelation that she was sexually assaulted during those lost three hours, timed specifically to promote this book and her appearances, is repugnant, virtually unparalleled in the rancid history of publicity. It’s rape as a marketing tool.” [Salon, 11/13/2003]
No Extra Copies - One Connecticut bookstore owner is asked if her store will order extra copies of Lynch’s biography; she guffaws: “You must be kidding! Who cares? This story has been told to the nth degree.” [Salon, 11/13/2003]
Diane Sawyer and Jessica Lynch. [Source: ABC News / CNN]ABC airs an interview with Army Private Jessica Lynch (see June 17, 2003); the press reports elements from the interview four days in advance, from ABC press releases. In the interview, conducted by Diane Sawyer, Lynch says that the US military overdramatized the story of her rescue from an Iraqi hospital in Nasiriyah, a charge denied by US military officials, who blame the news media for reporting the story with incomplete information. Asked if the military exaggerated the danger of her rescue by US Special Forces commandos, Lynch replies, “Yeah, I don’t think it happened quite like that.” However, she says, it would have been foolish for her rescuers to go in less prepared. Any such unit “in that kind of situation would obviously go in with force, not knowing who was on the other side of the door.” The way the US military publicized her rescue (see April 1, 2003) upsets Lynch. “It does [bother me] that they used me as a way to symbolize all this stuff,” she says. “It’s wrong. I don’t know why they filmed it, or why they say the things they [say], you know.… All I know was that I was in that hospital hurting.… I needed help. I wanted out of there. It didn’t matter to me if they would have come in shirts and blank guns; it wouldn’t have mattered to me. I wanted out of there.” She has nothing but praise for her rescuers: “I’m so thankful that they did what they did. They risked their lives.”
Disputes Rape, Abuse Allegations in Biography - An upcoming book about her captivity (see September 2, 2003) alleges that she was raped by her Iraqi captors, a charge Lynch says she cannot confirm. The charge, placed in the book by author Rick Bragg, is based on what Bragg calls a medical report that shows Lynch was sexually assaulted. Lynch has no memory of any such assault, and says “even just the thinking about that, that’s too painful.” From what she remembers, she was well treated during her stay in the Iraqi hospital. One of the Iraqi doctors who treated her, orthopedic surgeon Dr. Mahdi Khafaji, says he found no evidence of any such sexual assault. She also says that the story of her being slapped by an Iraqi paramilitary officer, as retold in a recent movie of her ordeal (see November 10, 2003), is untrue. “From the time I woke up in that hospital, no one beat me, no one slapped me, no one, nothing,” she says.
Feared Permanent Paralysis - Lynch recalls that while lying in the Iraqi hospital, she “seriously thought I was going to be paralyzed for the rest of my life. I’ve never felt that much pain in my whole entire life. It was, you know, from my foot to my other foot to my legs to my arms to my back, my head.” She does not consider herself a hero, she says: “I was just there in that spot, you know, the wrong place, the wrong time.”
Refuses to Take Credit for Fighting - Lynch confirms that when she and her fellow soldiers were attacked, she did not fire a single shot. Her weapon jammed when she tried to fire on her assailants. “I did not shoot, not a round, nothing,” she says. “I went down praying to my knees. And that’s the last I remember.” She says it hurt her to learn that initial news accounts portrayed her as emptying her weapon into her assailants, and finally falling due to multiple gunshot and knife wounds. Her injuries were all due to the crash of her vehicle. “It hurt in a way that people would make up stories that they had no truth about,” she says. “Only I would have been able to know that, because the other four people on my vehicle aren’t here to tell that story. So I would have been the only one able to say… I went down shooting. But I didn’t.” Lynch believes one of her fellow soldiers, Private Lori Piestewa, may have been the one who went down fighting. “That may have been her, but it wasn’t me, and I’m not taking credit for it,” Lynch says. Piestewa, Lynch’s best friend in the unit, was mortally wounded during the gunfight.
Wants to Teach Kindergarten - When she recovers, she says, she wants to teach kindergarten children. But she has to complete her physical therapy and fully recover from her injuries. She still has no feeling in her left foot, walks with crutches, and suffers from chronic kidney and bowel problems due to the injury to her spine. “I just want to keep adding, you know, just steps every day, just so eventually I can throw away the crutches and… just start walking on my own,” she says. “That’s my goal. I just want to be able to walk again.” [CNN, 11/7/2003; CNN, 11/7/2003; New York Times, 11/7/2003; Associated Press, 11/7/2003]
'Tough Interview' - Salon’s Eric Boehlert writes admiringly that “[t]he petite, tight-lipped Lynch is one tough interview.” She weathers Sawyer’s interview well, never losing her composure even after Sawyer, whom Boehlert says is notorious for “elicit[ing] on-camera tears,” surprised her with a photograph of the Iraqi hospital room Lynch had been held in. Boehlert writes: “The camera zoomed in on Lynch for a reaction. Yes, she calmly replied, that was the room she stayed in.” [Salon, 11/13/2003]
Conservative columnist and mathematician John Derbyshire gives an interview about his recent book about Riemann’s Hypothesis, Prime Obsession. In the course of the interview, Derbyshire says flatly that he is a racist. (Two years ago, Derbyshire wrote in the National Review that racial and ethnic stereotyping was a useful and desirable activity—see February 1, 2001). Derbyshire tells his interviewer that he and other “‘respectable’ conservative journalists” must observe certain “restraints” in speaking and writing about race, or risk being “crucified by the liberal media establishment [and] have to give up opinionating and go find some boring office job somewhere.” Derbyshire says he is “not very careful about what I say,” and says flatly, “I am a homophobe, though a mild and tolerant one, and a racist, though an even more mild and tolerant one.” Derbyshire warns that such opinions “are going to be illegal pretty soon, the way we are going. Of course, people will still be that way in their hearts, but they will be afraid to admit it, and will be punished if they do admit it.” He also cites the openly racist, white supremacist blog VDare.com as one of the few blogs he reads on a regular basis, as it features “really clever people saying interesting things.” [Kevin Holtsberry, 11/11/2003] In a follow-up email a week later, Derbyshire expands on his self-characterization as a “mild and tolerant” racist and homophobe. He begins by noting that he grew up in England during a time when anti-Semitism was prevalent. He terms that atmosphere “perfectly harmless,” saying that “Jews thrived and prospered.” He does not favor public discrimination, he says, and asserts that if he chooses not to hire blacks or other racial groups, he should have a perfect right to do so; the same condition should apply to anyone over their religious persuasion or gender. “These things are no proper business of the public authorities.” He does not approve of homosexuality, he writes, and considers it bad for Western civilization. “I do not believe that any stable society can be founded on any basis other than heterosexual marriage. Under modern conditions, I think you would have to add ‘monogamous,’ too.” He does not believe that governments should attempt to regulate or constrain homosexuality, but neither should governments attempt to put an end to private discrimination against homosexuals. He says much the same about nonwhite races, inasmuch as while governments should not themselves discriminate, they should not intervene in private discrimination. [Kevin Holtsberry, 11/18/2003]
Senators of both parties have been accusing the White House of stonewalling the 9/11 Commission by blocking its demands for documents despite threats of a subpoena. [Associated Press, 10/27/2003] On this day, the White House and the 9/11 Commission strike a deal. The main issue is access to the presidential daily briefings given to President Bush. Under the deal, only some of the ten commissioners will be allowed to examine classified intelligence documents, and their notes will be subject to White House review. Some 9/11 victims’ relatives complain that the agreement gives the White House too much power. The Family Steering Committee complains, “All ten commissioners should have full, unfettered, and unrestricted access to all evidence.” It urges the public release of “the full, official, and final written agreement.” [Associated Press, 11/13/2003] Commissioner Max Cleland is unsatisfied with the deal and resigns a short time later (see December 9, 2003).
National Public Radio (NPR) host Mike Pesca interviews New York media critic Michael Wolff regarding the storm of media hype and controversy surrounding the story of Private Jessica Lynch, particularly the recent television movie (see November 10, 2003) and biography (see November 11, 2003). Pesca notes: “[H]ere’s our sources on the Jessica Lynch story: an Iraqi doctor, Lynch herself, who has no memory of the ordeal, unnamed Pentagon sources, a TV movie of the week, and Rick Bragg, who left the New York Times for journalistic malfeasance. It’s like a multimedia Rashomon” (referring to the iconic Japanese film that retells a murder from multiple viewpoints, with no one version being completely factual). Wolff says there is reason to doubt virtually all of those sources: “[T]here is at this point reason to distrust and doubt everybody, because the heroine of this story also disputes everything that’s been said.” Wolff calls the story “a symbol of the Iraq war, [and] the Iraq war may be the symbol of the current media age.… [F]rom the very first moment it was clear that this story was going to be retailed essentially for political purposes, and it hasn’t moved off of that, although it has moved now into commercial purposes. We’ve gone from the Pentagon propaganda machine into the multimedia cross-platform propaganda machine.… I mean, everybody knows that this is not a real story. Nevertheless, we’re selling it all over the place.… I mean, the person right at the center of this story disputes every characterization of herself and of the events that took place. Nonetheless, we roll on. She gets her book deals. It’s as though there’s a parallel reality going here. Yeah, we know that the truth is over there, and that’s different from the stories that were being told, but we enjoy the stories that are being told so let’s forget about the truth.” Wolff is careful not to blame Lynch herself for the media frenzy surrounding her story: As a matter of fact, not only does she seem not to deserve the blame here, but every time she speaks, she says, ‘Oh, no, it didn’t happen that way.’ And no one seems to care.” [National Public Radio, 11/13/2003]
The Army issues “stop-loss” orders forbidding thousands of its 110,000 troops from returning to the US once their tours of duty are completed. Instead, the troops will remain deployed for a minimum of three additional months. The orders affect troops currently deployed in Iraq, Afghanistan, and Kuwait, as well as soldiers preparing for deployment. [USA Today, 1/5/2004]
Narus logo. [Source: Endace (.com)]Narus, a firm which manufactures telecommunications hardware, co-sponsors a technical conference in McLean, Virginia, titled “Intelligence Support Systems for Lawful Interception and Internet Surveillance.” As AT&T engineer Mark Klein (see July 7, 2009) will later write: “Police officials, FBI and DEA agents, and major telecommunications companies eager to cash in on the ‘war on terror’ had gathered in the hometown of the CIA to discuss their special problems. Among the attendees were AT&T, BellSouth, MCI, Sprint, and Verizon. Narus founder Dr. Ori Cohen gave a keynote speech.” Also speaking at the conference is William Crowley, the former deputy director of the National Security Agency (NSA). Narus is providing some of the key hardware components used in the NSA’s domestic surveillance program (see January 16, 2004). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 39]
The White House announces a new plan for Iraqi governance. It is drastically different from the one unilaterally announced by Coalition Provisional Authority (CPA) administrator L. Paul Bremer two months before (see September 8, 2003). It flip-flops Bremer’s plan, putting a transfer of power to a provisional Iraqi government first, then having elections for an interim government, and finally providing for the drafting and adoption of a new constitution. [Roberts, 2008, pp. 130]
The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, and OLC lawyer Robert Delahunty, send a classified memo to the Defense Department. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions as they apply to the treatment of detainees in US custody. Presumably, the memo is in reference to previous legal advice submitted to Goldsmith by an OLC attorney-adviser regarding Geneva (see October 31, 2003). [American Civil Liberties Union [PDF], 1/28/2009 ; ProPublica, 4/16/2009]
General Tommy Franks, the commander of US forces in Iraq, says he would favor replacing America’s democracy with a military-run government in the event of another 9/11-level terrorist attack. “It would begin to unravel the fabric of our Constitution,” he says, “and under those circumstances I would be open to the idea that the Constitution could be scrapped in favor of a military form of government.” [Hunt, 9/1/2009, pp. 13]
Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 ]
The administration’s plan to overthrow Saddam Hussein, give off governance of Iraq to Ahmed Chalabi and other exiles, and withdraw gracefully from the country without further expenditures, has come to a crashing end, writes reporter and author George Packer. According to a senior administration official interviewed by Packer: “There was a desire by some in the vice president’s office and the Pentagon to cut and run from Iraq and leave it up to Chalabi to run it. The idea was to put our guy in there and he was going to be so compliant that he’d recognize Israel and all the problems in the Middle East would be solved. He would be our man in Baghdad. Everything would be hunky-dory.… It isn’t pragmatism, it isn’t Realpolitik, it isn’t conservatism, it isn’t liberalism. It’s theology.” [New Yorker, 11/24/2003]
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]
Senior AT&T technician Mark Klein (see July 7, 2009), who is considering “blowing the whistle” on the National Security Agency’s secret data-mining operation being conducted with the complicity and participation of AT&T (see January 16, 2004), is troubleshooting a problem of “signal loss” caused by AT&T’s signals being routed through the NSA’s “splitter cabinet,” which “splits” part of the optical data flow from its normal route into the NSA’s computers, enabling the agency to monitor all of the Internet traffic going through Klein’s Folsom Street, San Francisco, facility (see October 2003). Klein learns from a fellow technician that AT&T is “getting the same problem in the other offices where splitters are going in.” Klein is stunned to learn that other AT&T facilities have NSA splitters. He learns from the other technician that the “other offices” are in, among other places, Atlanta, San Diego, San Jose, and Seattle. (Apparently neither Klein nor the other technician are aware of the NSA splitter at the central AT&T facility in Bridgeton, Missouri—see Late 2002-Early 2003). Klein will later write, “This thing was getting bigger and bigger.” Klein determines that the NSA splitter is causing the signal loss: “The company was degrading the signal quality of its network for the sake of the NSA.”
Visiting the Secret Room - Klein accompanies an AT&T field support specialist named Rick into the NSA’s “secret room” at the Folsom Street building, with the intention of repairing the splitter problem. Rick is one of the few AT&T technicians authorized to work in the room; he invites Klein to join him and Klein agrees. Klein watches Rick punch the entry code into the lock of Room 641A and follows him inside. Klein observes a large amount of hardware, most installed in what he will later call “standard cabinets used by the telecommunications industry,” along with a computer workstation and a set of storage lockers. Klein later says he spends no more than two minutes inside the secret room. He will recall: “[I]f I didn’t know that the NSA was involved, it would look like any other work space where telecom people work, with rows of cabinets with equipment inside them, humming.… [T]he odd thing about the whole room, of course, was that I couldn’t normally get in there, nor could any of the other union technicians. Only this one guy who had clearance from the NSA could get in there, so that changed the whole context of what this is about.” Shortly thereafter, Rick tells Klein and a group of employees that he has keys allowing him access to the other NSA secret rooms in AT&T’s offices in San Diego, San Jose, and Seattle. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 42-44]
Senior AT&T technician Mark Klein (see July 7, 2009), working at the company’s Folsom Street facility in San Francisco one floor above the National Security Agency’s “secret room” monitoring the company’s Internet communications (see October 2003 and Fall 2003), is given a technical document to pass on to the secret room’s AT&T supervisor, a man Klein will identify only as “Ski” (see Summer 2002 and January 2003). Klein flips through the non-classified document, titled “Study Group 3 LGX/Splitter Wiring San Francisco Issue 1 12/10/02.” (LGX, Klein will later explain, refers to “Lucent LightGuide patch panels.”) He finds the document astonishing. It confirms, he will later write, “that the splitter cabinet in the 7th floor Internet room [his workstation] was directly connected to panels in the 6th floor secret room, which was referred to as the ‘SG3 Secure Room.’” Documents he has previously read (see Fall 2003) “made repeated references to the ‘Splitter,’ ‘Splitter Cabinet,’ or other descriptions which made it clear that the three documents were linked together.” Klein deduces that “SG3” stands for “Study Group 3,” an appellation he will write was chosen in “an apparent attempt to make a sinister operation look innocent.” And, since San Francisco is the site of the third study group, he deduces there must be at least two other study groups, presumably in different cities, “a fact,” he will write, “which was soon confirmed to me. I had a hand on only one small part of a giant octopus.” Klein pores more closely over the documents to try to learn exactly what AT&T and the NSA are doing, and soon finds a reference to a “Narus STA 6400.” He has no idea what this piece of equipment is, but he quickly learns that it is, as he will write, “a very sophisticated and specialized product that not only was perfectly suited for sorting through the data stream in real time looking for things, but… was already being marketed specifically to telecommunications and other companies for intelligence and police spying.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Klein, 2009, pp. 35-37] Later, Klein will describe the Narus STA 6400 as “not only designed for high-speed sifting through high-speed volumes of data, looking for something according to various program algorithms, something you’d think would be perfect for a spy agency.” [PBS Frontline, 5/15/2007]
David Frum. [Source: PBS]Two prominent neoconservatives, Richard Perle and David Frum, publish a book titled An End to Evil: How to Win the War on Terror. Both are fellows at the neoconservative American Enterprise Institute. In the book, they suggest mobilizing Shi’ites living in eastern Saudi Arabia, where most of the Saudi oil is. They note that the Saudi government has long feared “that the Shi’ites might someday seek independence for the Eastern Province—and its oil.… Independence for the Eastern Province would obviously be a catastrophic outcome for the Saudi state. But it might be a very good outcome for the United States. Certainly it’s an outcome to ponder. Even more certainly, we would want the Saudis to know we are pondering it.” [Dreyfuss, 2005, pp. 337-338] At the time, Perle is head of the Defense Policy Board, which advises the Defense Department. In 2002, a Defense Policy Board briefing argued that the US should work to split Saudi Arabia apart so the US can effectively control its oil (see July 10, 2002). Other neoconservatives like Michael Ledeen express similar views. In early 2003, James Akins, former US ambassador to Saudi Arabia, mentioned the possibility that Osama bin Laden could take over Saudi Arabia if the US invaded Iraq. “I’m now convinced that that’s exactly what [the neoconservatives] want to happen. And then we take it over.” [Dreyfuss, 2005, pp. 338]
In the wake of the report by US inspector David Kay that Iraq has no weapons of mass destruction (see December 2003), Secretary of State Colin Powell’s mood becomes more and more glum (see February 5, 2003). His chief of staff, Lawrence Wilkerson, will later recall: “Well, [Powell] got a telephone call each time a pillar fell. It was either John [McLaughlin, deputy CIA director], calling Rich [Armitage, Powell’s deputy], and Rich telling him, or it was [CIA Director] George [Tenet] or John calling the secretary. And I remember this vividly because he would walk through my door, and his face would grow more morose each time, and he’d say, ‘Another pillar just fell.’ I said, ‘Which one this time?’ And, of course, the last one was the mobile biological labs (see Mid-March 2004). Finally, when that call came, the secretary came through the door and said, ‘The last pillar has just collapsed. The mobile biological labs don’t exist.’ Turned around and went back into his office.” [Vanity Fair, 2/2009]
The US Army investigates the report of a colonel who documented potential abuses of Iraqi detainees by a joint Special Operations and CIA task force looking for weapons of mass destruction. The report will be made public by the American Civil Liberties Union (ACLU) almost four years later (see August 15, 2007). The ACLU believes the colonel, whose name is redacted from the report, is Colonel Stuart Herrington (see December 12, 2003). The colonel reports that in late November someone called him with details of prisoner abuse that had occurred in June or July 2003 in the vicinity of Baghdad International Airport. The colonel’s source had previously reported the abuse to Major General Keith Dayton, commander of the Iraq Survey Group in charge of the hunt for weapons of mass destruction, and to officials in the Defense Intelligence Agency. The colonel meets with Major General Barbara Fast, the top intelligence officer in Baghdad, to brief her on his investigation into the matter, and gives her a copy of the report. The colonel is subsequently informed that the Judge Advocate General’s office attached to the US command in Iraq found “no evidence to support the allegations that detainees were mistreated.” The colonel believes this conclusion is a “cover-up,” and, in later testimony, will refer to his “blunt dismay” at the finding. He will testify that he cannot understand how his own report could have been taken so lightly given that he had provided names of the witnesses and “already had two people who admitted it.” Fast will later say to the colonel that she never saw his report until mid-2004, a statement that the colonel has trouble believing. Fast will be cleared of all allegations of misconduct by the Army inspector general, who will conclude that she took prompt action to alert the proper authorities once she was informed of the alleged abuse. [American Civil Liberties Union, 8/15/2007]
Coalition Provisional Authority administrator L. Paul Bremer (see May 1, 2003) asserts his independence from US government oversight, a stance assisted by Defense Secretary Donald Rumsfeld. Bremer is formally slated to report to Rumsfeld, but says Rumsfeld has no direct authority over him. Instead, Bremer insists, he reports directly to the White House. Rumsfeld, usually jealously protective of his bureaucratic prerogatives, tells National Security Adviser Condoleezza Rice: “He doesn’t work for me. He works for you” (see Late September, 2003). But Bremer is not willing to report to either Rice or the National Security Council (NSC) either. The White House had already announced that it had no intention of playing a large role in guiding the reconstruction of Iraq, and the NSC’s Executive Steering Group, set up in 2002 to coordinate war efforts, has been dissolved. Finally, Bremer flatly refuses to submit to Rice’s oversight. As a result, Bremer has already made fundamental policy shifts on his own authority that are at odds with what Pentagon planners had intended (see May 16, 2003 and May 23, 2003), with what many feel will be—or already have caused—disastrous consequences. [Roberts, 2008, pp. 128-129]
Howard Dean [Source: UC Berkeley]In a December 1, 2003, interview, Howard Dean discusses the possibility that President Bush is hiding information that he was warned in advance about the 9/11 attacks. Presidential candidate Dean states that “The most interesting theory that I have heard so far… is that he was warned ahead of time by the Saudis.” Six days later, Dean clarifies, “I don’t believe that… But we don’t know, and it’d be a nice thing to know.” He concludes, “Because the president won’t give information to the Kean Commission, we really don’t know what the explanation is.” [The Beat, 12/23/2003] When asked about these comments, President Bush says “Look, there’s time for politics. And, you know… there’s a time for politics. And… it’s an absurd insinuation.” Dean spokesman Jay Carson responds, “Gov. Dean has been very clear he doesn’t subscribe to or believe this theory. But the White House needs to be more forthcoming with the 9-11 commission and put all these types of theories to rest.” [Dallas Morning News, 12/15/2003]
White House counsel Alberto Gonzales contacts John Carlin, archivist of the United States, and asks him to step down, but does not provide reasons for the request. “The administration would like to appoint a new archivist,” Gonzales reportedly says. No reason is given, even after Carlin asks why he should leave. Some critics will suggest that Carlin’s removal is connected to President Bush’s Executive Order 13233 limiting access to presidential records. The records of former President George H. W. Bush, the father of the current president, were due to be released in January 2005. Incoming archivist Allen Weinstein will later note that he met with the director of presidential personnel, Dina Powell, on September 23, 2003, and was asked to submit investigative forms to the White House and the FBI in November and December. Weinstein will also note that although he professed distaste for President Bush’s executive order, he “would feel obliged to defend the order against a lawsuit by the American Historical Association seeking to overturn it.” [Washington Post, 6/26/2004]
The single source for the controversial claim that Iraq could launch a strike with its weapons of mass destruction within 45 minutes (see September 28, 2002 and March 12, 2007) is identified as “Lieutenant Colonel al-Dabbagh,” an Iraqi who has allegedly spied on Saddam Hussein’s government for British and US intelligence for over seven years. Al-Dabbagh, who does not allow his first name to be used or his photograph taken, is interviewed in Baghdad by journalist and author Con Coughlin. Al-Dabbagh, identified as an adviser to the Iraqi Governing Council, is later revealed to be an Iraqi defector who was brought to US and British attention by Ahmed Chalabi’s Iraqi National Congress. Coughlin is apparently unaware of this. He portrays al-Dabbagh as a heroic risk-taker, “not a man who is easily frightened,” he writes. “[D]eath threats from Saddam’s loyalists” do not deter him from “revealing details of the former Iraqi dictator’s deployment of weapons of mass destruction”; his determination “remain[s] undiminished.”
WMD Remain Hidden - These selfsame loyalists are the reason why US forces cannot find the weapons of mass destruction, al-Dabbagh tells Coughlin. “Saddam’s people are doing this all the time,” he says. “That is why it is so difficult to find the weapons of mass destruction. I am sure the weapons are hidden in Iraq just like I see you now. I am concerned that the chemical and biological weapons are there.” Al-Dabbagh says he is proud to risk his life in divulging Hussein’s secrets: “If Saddam’s people kill me for saying this, I do not mind. I have done my duty to my country and we have got rid of Saddam. And if the British government wants me to come to London to tell the truth about Saddam’s secret weapons program, I am ready to help in any way I can.”
Claim '200 Percent Accurate' - The 45-minute claim is “200 percent accurate!” al-Dabbagh exclaims. “And forget 45 minutes. We could have fired them within half an hour.” Is he the original source of the intelligence? Coughlin asks. Al-Dabbagh replies, “I am the one responsible for providing this information.” A member of the Iraqi Governing Council, General A. J. M. Muhie, al-Dabbagh’s supposed brother-in-law, confirms that al-Dabbagh is the sole source of the claim: “We only had one source for this information and that was Dabbagh,” says the general. Fellow council member Iyad Allawi says he was the one who funnelled al-Dabbagh’s reports to Western intelligence agencies. Muhie is the one who set up the meeting between Coughlin and al-Dabbagh.
Plans to Use WMD against US Invading Forces - Al-Dabbagh tells a detailed story of how the weapons were to be deployed against the American invaders, saying that he and other officers were ordered to use specially designated four-wheel drive Isuzus and only to deploy them if Iraqi forces were in danger of being overrun. Al-Dabbagh and others were then to drive the Isuzus towards American troop emplacements and fire the weapons, presumably chemical and biological weapons tipping hand-held rockets. But the weapons were never deployed, al-Dabbagh claims, because the majority of Iraqi soldiers refused to fight against the Americans. “The West should thank God that the Iraqi army decided not to fight,” he says. “If the army had fought for Saddam, and used these weapons, there would have been terrible consequences.” Whatever became of those fearsome weapons, al-Dabbagh does not know. He believes they were hidden away by Hussein’s Fedayeen loyalists. The weapons will be found, al-Dabbagh predicts, when Hussein is caught or killed: “Only when Saddam is captured will these people talk openly about these weapons. Then they will reveal where they are.” [Sunday Telegraph, 12/7/2003]
Claims Proven False - Weeks after Coughlin’s interview, al-Dabbagh’s claims will be proven entirely false, and both al-Dabbagh and Allawi will deny any responsibility for their claims (see January 27, 2004).
The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).
Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas
Timeline Tags: Civil Liberties
Senior CIA official Robert Grenier, who, as the agency’s mission manager, inquired about the Joseph Wilson mission to Niger on behalf of the vice president’s office (see 4:30 p.m. June 10, 2003), and told Vice President Dick Cheney’s chief of staff, Lewis Libby, that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), is interviewed by the FBI as part of the Plame Wilson investigation. Grenier tells FBI investigators of his June 11, 2003 conversation with Libby, regarding Wilson’s Niger trip and the CIA status of Wilson’s wife, Valerie Plame Wilson (see 2:00 p.m. June 11, 2003). Grenier says that he is not sure whether Plame Wilson’s name came up during the conversation, a story he will tell again to the grand jury investigating the Plame Wilson leak in January 2004, but will change when he testifies for the prosecution in the Libby perjury trial (see January 24, 2007). [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; New York Times, 3/2007]
Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored two similar letters from Waxman (see September 29, 2003 and October 8, 2003). [Waxman, 12/2005]
As part of the difficult negotiations between the US, North Korea, and four regional partners to try to bring the North Korean nuclear program under restraint (see August 2003), the Chinese delegation offered a joint statement that would show some progress, however limited, has been made. The US refuses to sign, balking at language that recognizes US-North Korean relations are founded on “the intention to coexist.” Vice President Dick Cheney explains the US rejection: “I have been charged by the president with making sure that none of the tyrannies of the world are negotiated with” (see December 19, 2003). [Scoblic, 2008, pp. 241]
During a press conference, Washington Times reporter Bill Sammon asks President Bush, “I know you said there will be a time for politics, but you’ve also said you wanted a change in tone in Washington. Howard Dean recently seemed to muse aloud whether you had advanced knowledge of 9/11. Do you agree or disagree with the RNC that this kind of rhetoric borders on political hate speech?” Bush stammers and pauses with his reply: “Look, there’s time for politics.… And, you know… there’s a time for politics.… And… it’s an absurd insinuation.” [CNN, 12/14/2003; Dallas Morning News, 12/15/2003]
The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]
Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group
Timeline Tags: US Environmental Record, Civil Liberties
One US lawmaker, Congressman Jim McDermott (D-WA), believes that the story surrounding the capture of Saddam Hussein (see December 14, 2003 and December 17, 2003) is false. Instead, McDermott alleges, the capture was stage-managed for President Bush’s political benefit. “There’s too much by happenstance for it [Hussein’s capture] to be just a coincidental thing,” he tells a Seattle radio interviewer. When asked if he believed the timing was planned to help Bush, McDermott replies: “Yeah. Oh, yeah.” McDermott notes that the US had “been in contact with people all along who knew basically where he was.” He adds that the timing of a recent move by the Iraqi Governing Council to hastily enact legislation for a war crimes court to try former regime members is suspicious. Bush supporters will accuse McDermott of spreading “paranoid conspiracy theories” and “crazy talk.” [Asia Times, 4/17/2004] Subsequent evidence will bear out some of McDermott’s skepticism (see January 2004).
Conflicting stories surround the capture of former Iraqi despot Saddam Hussein (see December 14, 2003). Several different military sources say that Hussein was captured through the auspices of an informant, later identified as Mohammed Ibrahim Omar al-Muslit, but stories differ as to how the information was garnered from that informant. “This guy was in interrogation. He wasn’t willingly giving stuff up,” says an officer involved in the capture, leading to speculation that the informant may have been put through harsh interrogation methods to give up Hussein’s location. Religion professor and columnist Ira Chernus writes, “It is hard to avoid thinking about the the dirty word that everyone is too polite to mention, the ‘T-word’: torture.” But the commander of the capture operation, Colonel James Hickey, tells a different version of events, saying: “Once in our custody the informant was cooperative, and he did provide the crucial information. But will he receive the $25 million [bounty for Hussein’s capture offered by the US]? I seriously doubt it.” According to CNN, “It is unclear whether anyone will receive the $25 million bounty because the information leading to his capture came under duress.” Another “senior administration official” says the informant “didn’t provide any information willingly.” Hickey says the informant first gave false information, and “there was three or four hours of questioning before he blurted Saddam’s location.” US officials insist that the informant was not tortured, but merely “interrogated.” News reports also note that weeks before Hussein’s capture, “US forces decided to identify anyone who might have current knowledge of where Hussein was, including former bodyguards, and then to go after them with a vengeance, rounding up their families and friends—women, children, grandparents, everyone. Many of the key clues came in involuntary interrogations of informants.” A US official tells a reporter: “Some people were impossible to find, but we’d find their relatives. One interrogation led to another raid, which led to another interrogation.” And another official says: “You’d squeeze them: ‘Where is Saddam?’ They’d say, ‘I don’t know, but my cousin knows somebody who knows somebody else who might know.’” [CommonDreams, 12/17/2003; Asia Times, 4/17/2004]
For the first time, 9/11 Commissioner Thomas Kean says that the 9/11 attacks could and should have been prevented. Kean, a Bush appointee and former Republican governor of New Jersey, states that “This was not something that had to happen… There are people that, if I was doing the job, would certainly not be in the position they were in at that time because they failed. They simply failed.” In 2002, FBI Director Robert Mueller stated, “[T]here was nothing the agency could have done to anticipate and prevent the [9/11] attacks” (see May 8, 2002) and other Bush administration officials have also said the attacks were all but unstoppable. Kean promises major revelations from the FBI, CIA, Defense Department, NSA, and possibly former President Clinton and President Bush. [CBS News, 12/17/2003] But within days, Kean amends his comments. He says that he wants to make it “clear” that he meant that officials at the operational level two years ago deserved to be singled out for blame and that no judgments had been reached about senior officials. This coincides with continued attempts from the White House to paint the intelligence prior to the attacks as non-specific “chatter,” and the attacks themselves as “literally bolts from the blue.” [Boston Globe, 12/21/2003]
A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]
Vice President Cheney, discussing the administration’s refusal to negotiate with North Korea, sums up its policy quite bluntly. “I have been charged by the president with making sure that none of the tyrannies in the world are negotiated with,” he says. “We don’t negotiate with evil; we defeat it.” Cheney is primarily responsible for rejecting a joint statement acknowledging North Korea’s right to exist as an independent nation, a precondition for North Korea to resume negotiations (see December 12, 2003). However, a Bush administration spokesman blames North Korea, not the US, for refusing to engage, and says the administration is willing to negotiate “without any preconditions.” Cheney insisted that North Korea agree to dismantle its nuclear program before any negotiations could begin. According to a senior Bush official, a North Korean negotiator has complained that the US demands are the equivalent of “you… telling me to take off all my clothes and walk out in a snowstorm and you promise you will come running with a coat. I don’t think so. You want me to go naked into the night.” [Knight Ridder, 12/19/2003; Scoblic, 2008, pp. 234]
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