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Context of 'February 15, 2005: Attorney General Appoints New Chief of Staff, Deputy Chief of Staff'

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New Mexico’s US Attorney, David Iglesias (see October 18, 2001), meets with state Republican Party chairman Allen Weh after he learns that Weh and the party are unhappy with the results of his 2004 election fraud task force (see [September 7 - October 6, 2004). Iglesias is aware that he cannot ethically respond directly to such complaints, and he cannot provide information about ongoing investigations. However, he wants to reassure his fellow Republicans that he will prosecute “provable” voter fraud cases, but will not bring a case if it does not stand a good chance of winning a conviction. He first passed that message along to New Mexico Republicans through a friend in the party, but when the message produced little positive results, he arranged to meet Weh for coffee near Weh’s home. At the meeting, Iglesias attempts to explain to Weh that he can only prosecute voter fraud cases if he has sufficient evidence to do so. Weh is unmoved by Iglesias’s explanations. He asks if Iglesias is “in trouble” with the New Mexico Republican Party. He will later claim that Iglesias tries to blame the FBI for the lack of voter fraud prosecutions. And he tells Iglesias that he needs to do something concrete about voter fraud, and should have already done so. Shortly after the meeting, Weh complains about Iglesias to Scott Jennings, a White House official working for White House political chief Karl Rove. A 2008 investigation of the 2006 US Attorney purge (see September 29, 2008) will find that Weh has been pressuring Iglesias since at least August 2004 to pursue voter fraud allegations (see September 23 - October 2004). Weh will tell the investigators that he was not convinced by Iglesias’s explanation, that he felt Iglesias was unqualified to be US Attorney, and had deliberately ignored credible evidence of voter fraud in New Mexico. He will say that many New Mexico Republicans feel the same way. These feelings are why he chose to complain to Jennings about Iglesias. He conveys his perceptions to Jennings and recommends that the Bush administration fire Iglesias. He will also send an email to Jennings about Iglesias and voter fraud in August 2005 (see August 9, 2005). Other Republicans in New Mexico will complain to the White House about Iglesias as well, including the chief of staff to Senator Pete Domenici (R-NM), Steve Bell. [US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011]

Entity Tags: Karl C. Rove, Allen Weh, David C. Iglesias, Federal Bureau of Investigation, J. Scott Jennings, Pietro V. (“Pete”) Domenici, Steve Bell, New Mexico Republican Party

Timeline Tags: Civil Liberties

Leslie Fahrenkopf, a lawyer in the White House counsel’s office, sends an email to White House counsel Harriet Miers about US Attorney David Iglesias of New Mexico (see October 26, 2004). Fahrenkopf has seen emails from Scott Jennings, an official in the White House Office of Political Affairs, to his boss Timothy Griffin asking that Iglesias be ousted (see May 2 - June 28, 2005). Fahrenkopf writes: “Harriet, per our conversation last week regarding the US Attorney for New Mexico, David Iglesias, I double-checked the dates of Iglesias’s confirmation and appointment. He was confirmed October 11, 2001, and appointed by the president October 16, 2001. You also asked me to remind you to check the chart grading US Attorneys on their performance. Thanks.” Fahrenkopf sends a follow-up email to Miers on June 9, 2005, saying: “Harriet, I just wanted to follow up on this item to see if you wanted to take any action. You will recall that this is the individual who is ruffling some feathers in New Mexico.” Less than an hour after Fahrenkopf sends this email, Miers replies, “I believe the decision is to let his four years run and then appoint someone else, if this is the right case.” Karl Rove, the White House deputy chief of staff and the senior political official in the Bush administration (see Late January 2005), will later testify that he “probably” spoke to Miers about Iglesias before the email exchange involving Miers, Fahrenkopf, Jennings, and Griffin. Miers will testify to having no recollection of the email exchange. She will be asked why, if Iglesias had been ranked so highly just months before (see November 14-18, 2005 and March 2, 2005), he was now being considered for firing. Miers will have no answer. [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file; US House of Representatives, Committee on the Judiciary, 8/11/2009]

Entity Tags: White House Office of Political Affairs, J. Scott Jennings, Harriet E. Miers, David C. Iglesias, Karl C. Rove, Leslie Fahrenkauf Doland, J. Timothy Griffin

Timeline Tags: Civil Liberties

The civil trial brought by Washington State Republicans to try to “settle” the disputed 2004 governor’s race between Dino Rossi (R-WA) and Christine Gregoire (D-WA) opens. Gregoire won the recount to defeat Rossi by a slender 129-vote margin (see December 23, 2004 - January 12, 2005), but Republicans, claiming an array of voter fraud and other inappropriate actions cost Rossi the vote (see December 29-30, 2004), filed a lawsuit to have the election results overturned (see January 7, 2005). The lawyer for the Republican plaintiffs, Dale Foreman, says in his opening statement that he has evidence of “ballot stuffing” in King County, the most populous county in Washington and a center of Gregoire’s Democratic voter strength. “This is not just a case of sloppy. This is a case of election fraud,” Foreman says. Up until today, Republican plaintiffs have insisted that they would not need to allege fraud in the race to win the lawsuit. “This election was stolen from the legal voters of the state by a bizarre combination of illegal voters and bumbling bureaucrats,” Foreman continues. “King County’s failure to track the absentee ballots was not only unlawful, but it opened the door for ballots to be subtracted or added.… The evidence will show partisan bias. And partisan bias is a very politically correct way of saying, ‘Somebody stuffed the ballot box.’ You know, if it walks like a duck and quacks like a duck, it’s probably a duck.” (US Attorney John McKay will later say that he is amazed to hear Foreman make such a claim, telling a reporter in 2007: “I was shocked to see him use the words ‘ballot-stuffing’ because that is a crime. If you say that, you are ethically bound to prove that.” McKay launched an aggressive investigation into voter fraud after the election that bore no fruit—see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, January 4, 2005, April 28, 2005, and May 2005). Foreman tells the jury that “sinister” fraud and corruption “up the food chain” robbed Rossi of the governor’s office. Judge John Bridges quickly puts an end to Foreman’s claims, reminding him and the jury that he and his clients have not included such charges in their case up until now, and Foreman cannot add them at this point in the proceedings. Bridges will allow Foreman and the plaintiffs to introduce evidence against King County, but will not allow them to label it as fraud in the courtroom. The Seattle Times reports, “That matters because a fraud claim would not require Republicans to show that King County’s actions specifically cost Rossi votes or gave… Gregoire her winning margin of 129 votes.” Now, Republicans must show that specific actions by election workers, illegal votes by convicted felons, and other actions directly affected the candidates’ vote totals. “The judge will wait… to see if they connect the dots and show election fraud,” says Thomas Ahearne, an attorney representing Secretary of State Sam Reed (R-WA). The plaintiffs have scheduled no one to testify about allegations of fraud, including ballot stuffing. The plaintiffs want Bridges to subtract votes they consider to be “illegal” from each candidate based, not on demonstrable fraud or illegality, but on the statistical pattern of the overall vote in each precinct. Democrats consider this idea “bogus,” press reports say. [Seattle Times, 5/24/2005; National Journal, 5/24/2005; Seattle Times, 3/13/2007]

Entity Tags: Sam Reed, County of King (Washington), Christine O. Gregoire, Dale Foreman, Dino Rossi, Seattle Times, Thomas Ahearne, John Bridges, John L. McKay

Timeline Tags: Civil Liberties, 2004 Elections

The complaints against US Attorney Todd Graves of Missouri from Jack Bartling, the legal counsel for Senator Christopher Bond (R-MO—see Spring 2005), make their way to the Justice Department. Bartling, who later cooperates with the Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), says he understood from his conversations with officials in the White House Counsel’s Office that the matter is now in the hands of the Justice Department. Moreover, Bartling goes to Washington to interview for a position in the Office of the Deputy Attorney General in the fall of 2005, and during the interview process speaks to Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty. Elston asks Bartling if Bond is still interested in removing Graves from his position. Elston will also speak to the investigators, and will tell them that he learned that Graves had lost Bond’s support from Bond’s staff, and not from someone in the Justice Department. Elston will also say that he did not discuss with Bartling the reasons why Graves should be fired, but he knows enough about the discord between the Bond staff and the staff of US Representative Sam Graves (R-MO), Todd Graves’s brother, to make some assumptions about the reason for the request. Elston will say he does not bring the matter to the attention of McNulty or anyone else in the department. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Paul J. McNulty, Christopher (“Kit”) Bond, Michael Elston, Todd P. Graves, US Department of Justice, Sam Graves, Jack Bartling, White House Counsel’s Office

Timeline Tags: Civil Liberties

Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor.Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor. [Source: Seattle Post-Intelligencer]State Attorney General Christine Gregoire (D-WA) is certified the winner of the Washington State governor’s race against challenger Dino Rossi (R-WA). Rossi was initially declared the winner (see November 2-30, 2004), but the race was so close that Gregoire asked for a recount, as was her right under the law (see December 23, 2004 - January 12, 2005). Republicans challenged the recount in court, citing 1,678 votes as “illegal” (see January 7, 2005 and January 24-28, 2005). Superior Court Judge John Bridges rules against the Republican plaintiffs. He finds that although some voting irregularities did occur in the largely Democratic King County, they were not the result of deliberate voter fraud or manipulation. “No evidence has been placed before the court to suggest fraud or intentional misconduct,” he says. “Elections officials attempted to perform their responsibilities in a fair and impartial manner.” In only five instances—five votes—was evidence presented that showed the intent of the voter in the 1,678 “illegal” votes cast. For the other 1,673, officials were unable to determine which candidate the voters in question selected on Election Day. None of those five votes were for Gregoire: Democrats presented evidence that four convicted felons had illegally voted for Rossi and a fifth for a third-party candidate. Bridges deducts those five votes from the final tally, giving Gregoire the final and official 133-vote margin of victory. Bridges refused Republicans’ demands to subtract what they called “invalid votes” from the statistical totals of vote tallies, and to statistically refigure the votes. Such an action would constitute the worst kind of judicial activism, Bridges says. As a result, “The court concludes that the election contest petition should be dismissed and the certification of Miss Gregoire as governor confirmed.” State Democratic Chairman Paul Berendt says: “It’s a huge victory. But the centerpiece was that the Republicans never had a case. They need to drop their case so the state can get on with its important business. They have shown that they will spend anything, they will say anything, and they will do anything to tear down Christine, and it’s time for that to stop.” Later in the day, Rossi says he will not appeal the ruling to the Washington Supreme Court: “With today’s decision, and because of the political makeup of the Washington State Supreme Court, which makes it almost impossible to overturn this ruling, I am ending the election contest,” he says. Bridges says that if the election process is flawed, it is up to the state legislature to fix it, not the courts. [Seattle Post-Intelligencer, 6/5/2005; Borders et al. v. King County et al., 6/6/2005; Washington Post, 6/7/2005; HistoryLink (.org), 6/7/2005]

Entity Tags: King County (Washington), Christine O. Gregoire, Dino Rossi, John Bridges, Washington Supreme Court, Paul Berendt

Timeline Tags: Civil Liberties, 2004 Elections

White House counsel Harriet Miers sends an email that says the White House has decided not to renominate US Attorney David Iglesias of New Mexico (see October 18, 2001) to his current position. The reason for the decision is complaints by New Mexico Republicans that Iglesias has not adequately addressed the issue of Democratic voter fraud in their state (see 2002, August 17, 2004, September 7 - October 6, 2004, September 15-19, 2004, September 23 - October 2004, and May 6, 2005 and After). Miers writes that the “decision” to replace Iglesias with someone more palatable to New Mexico Republicans has been made. At this time, the House Judiciary Committee will note in 2009, the Justice Department has given Iglesias “top rankings” (see 2002 and November 14-18, 2005 ), “so this decision was clearly not just the result of the White House following the department’s lead,” as Miers and White House political chief Karl Rove will later maintain. [US House of Representatives, Committee on the Judiciary, 8/11/2009; Politico, 8/12/2009]

Entity Tags: Harriet E. Miers, David C. Iglesias, Karl C. Rove, House Judiciary Committee

Timeline Tags: Civil Liberties

After the Supreme Court fails to intervene and grant reporters Matthew Cooper and Judith Miller immunity from testifying in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and June 27, 2005), Cooper’s publisher, Time magazine, agrees to turn over Cooper’s notes and e-mails regarding his knowlege of Plame Wilson, and his sources. Cooper opposes the decision. Norman Pearlstine, Time’s editor in chief, says: “I believe that there’s no argument for saying ‘no’ once the Supreme Court has ruled on a decision. I think we are a country of laws and not of individuals and that as journalists who regularly point a finger at people who think they’re above the law, I’m not comfortable being one of them myself.… I think it’s a terrible case. I wish the court had taken our appeal, but given that they did not, we’re not above the law and the law was clear that I think we had no choice but to turn over the information.” Miller and the New York Times continue to refuse to comply (see July 6, 2005). [CNN, 6/30/2005; Washington Post, 7/3/2007]

Entity Tags: New York Times, Judith Miller, Matthew Cooper, Time magazine, US Supreme Court, Norman Pearlstine

Timeline Tags: Niger Uranium and Plame Outing

Washington State businessman Tom McCabe sends a letter to Representative Doc Hastings (R-WA) demanding that he “ask the White House to replace Mr. McKay” for not adequately pursuing the voter fraud allegations in the 2004 gubernatorial race. McCabe is following up on his earlier insistence that US Attorney John McKay of Western Washington State be fired for not pursuing McCabe’s allegations of voter fraud in the race between Christine Gregoire (D-WA) and Dino Rossi (R-WA) to serve as Washington’s governor (see Late 2004 and Late 2004 or Early 2005) after he provided useless “evidence” of voter fraud in the race (see December 2004 and January 4, 2005). (A judge threw out all of the Republican “evidence” of what they called “voter fraud” in his rejection of the claim—see June 6, 2005). McCabe repeatedly and erroneously claims McKay is a Democrat, and accuses him of deliberately failing to pursue the allegations because of his supposed political stance. McCabe sends copies of the letter to John Fund, a conservative editorialist for the Wall Street Journal; former US Attorney and current federal judge Greg van Tatenhove; and Bob Williams of the conservative Evergreen Freedom Foundation (see May 2005). Hastings will later confirm receiving the memo, and will say that he responded, “I flat out refused to do so, which [Hastings’ chief of staff] Ed Cassidy told him in the bluntest of terms.” Cassidy later says that Hastings’ staff did not reply to the letter. Hastings later says he would not have called the White House to complain about McKay because US Attorneys are executive branch matters. No White House official will recall speaking to Hastings about McKay. [Tom McCabe, 7/5/2005 pdf file; TPM Muckraker, 3/7/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Cassidy raised the issue with McKay months before and was rebuffed (see January 4, 2005). A 2008 Justice Department investigation (see September 29, 2008) will not name McCabe or his organization, the Building Industry Association of Washington (BIAW), as the author of the letter. [Tom McCabe, 7/5/2005 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Building Industry Association of Washington, Ed Cassidy, Bush administration (43), Bob Williams, Christine O. Gregoire, Evergreen Freedom Foundation, Tom McCabe, Greg van Tatenhove, Dino Rossi, John Fund, Richard (“Doc”) Hastings, John L. McKay

Timeline Tags: Civil Liberties

Time reporter Matthew Cooper agrees to testify before the grand jury in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and July 13, 2005) after the source he has been protecting, White House political adviser Karl Rove, gives him a waiver dissolving their confidentiality agreement. Sources say that Cooper will identify Rove as a person who revealed Plame Wilson’s CIA identity to him. Cooper says he is prepared to remain “in civil contempt,” and ready to go to jail for defying the grand jury subpoenas, “because even though Time magazine had, over my objections, turned over my notes and e-mails to the special counsel under a court order, and even though the prosecutor has all that information now, I wanted—I was prepared to go and remain in civil contempt because I had given a word to my source for two years, which I have kept my word to that source today, for two years. This morning, in what can only be described as a stunning set of developments, that source agreed to give me a specific personal and unambiguous waiver to speak before the grand jury.” [New York Times, 7/7/2005] Cooper has not asked Rove for a waiver before, in part because his lawyer advised against it. Additionally, Time editors were worried about becoming part of such an explosive story in an election year. And Rove’s attorney, Robert Luskin, believed that contacting Cooper would have amounted to interfering with the ongoing court battle between reporter and prosecutor. [Los Angeles Times, 8/25/2005] Cooper adds, “It’s with a bit of surprise and no small amount of relief that I will comply with this subpoena.” Cooper refuses to publicly divulge the source he has been protecting, but a person briefed on the case confirms Cooper’s source as being Rove. [New York Times, 7/7/2005] Cooper did not speak to Rove directly on the issue. The waiver of confidentiality is the product of what the New York Times describes as “a frenzied series of phone calls” between Cooper’s lawyer Richard Sauber, Rove’s lawyer Luskin, and special prosecutor Patrick Fitzgerald. Cooper views his case as substantially different from that of his New York Times colleague, Judith Miller (see July 6, 2005). Miller has consistently refused to testify, but Cooper has already testified once, describing conversations he had with White House aide Lewis “Scooter” Libby (see August 24, 2004). And while the New York Times has consistently supported Miller, Time magazine has been more equivocal, turning over documents to Fitzgerald that identified Rove as Cooper’s source. Cooper’s friend Steven Waldman, a former US News and World Report editor who has talked with Cooper in recent days, says, “The question that was on his mind, and this is my words, is: do you go to jail to protect the confidentiality of a source whose name has been revealed, and not by you but by someone else?” Still, Cooper resisted until he saw an article in the Wall Street Journal that quoted Luskin as saying, “If Matt Cooper is going to jail to protect a source, it’s not Karl he’s protecting.” That statement prompted a round of telephone discussions between Luskin, Sauber, and Fitzgerald, culminating in Cooper’s decision to testify. “A short time ago,” Cooper tells the court, “in somewhat dramatic fashion, I received an express personal release from my source.” [New York Times, 7/10/2005]

Entity Tags: Richard Sauber, Lewis (“Scooter”) Libby, Karl C. Rove, Judith Miller, Matthew Cooper, Patrick J. Fitzgerald, Valerie Plame Wilson, Robert Luskin, Steven Waldman, New York Times, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward is harshly critical of special prosecutor Patrick Fitzgerald’s investigation of the outing of CIA agent Valerie Plame Wilson (see December 30, 2003). The investigation, he says, is “just running like a chain saw right through the lifeline that reporters have to sources who will tell you the truth, what’s really going on.” It is “undermining the core function in journalism.… We better wake up to what’s going on in the seriousness on the assault on the First Amendment that’s taking place right before our eyes.” Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). [Media Matters, 11/16/2005]

Entity Tags: Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Matthew Cooper testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and July 1, 2005). [Washington Post, 7/3/2007] “I testified openly and honestly,” Cooper says after the session. “I have no idea whether a crime was committed or not. That is something the special counsel is going to have to determine.” [New York Times, 7/14/2005] Four days later, Cooper will write of his testimony for Time, though special prosecutor Patrick Fitzgerald told him he would rather Cooper remained silent. Cooper is under no legal obligation not to divulge his grand jury testimony. He will say that while grand juries are famously passive, ready to “indict a ham sandwich if a prosecutor asks it of them,” this one is unusually active. About a third of the questions he answers are from jurors, not prosecutors. Cooper testifies that in the week after Joseph Wilson’s now-famous op-ed disclosing the fraudulence of the Iraq-Niger uranium claims (see July 6, 2003), the administration had done something it rarely does: admit a mistake. It was admitting that it had erred in using that claim to advance its arguments for war with Iraq (see July 8, 2003). That was big news, and Cooper, having been at Time less than a month, was aggressively covering it. He was curious about the White House’s apparent efforts to smear Wilson, and called White House political adviser Karl Rove on July 11 to discuss the apparent smear campaign (see 11:00 a.m. July 11, 2003). The jury is interested, and apparently amused, at Cooper’s choice of words regarding the status of his conversation with Rove: “double super secret background.” Cooper concludes, “So did Rove leak Plame’s name to me, or tell me she was covert? No. Was it through my conversation with Rove that I learned for the first time that Wilson’s wife worked at the CIA and may have been responsible for sending him? Yes. Did Rove say that she worked at the ‘agency’ on ‘WMD’? Yes. When he said things would be declassified soon, was that itself impermissible? I don’t know. Is any of this a crime? Beats me. At this point, I’m as curious as anyone else to see what Patrick Fitzgerald has.” [Time, 7/17/2005]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Bush administration (43), Karl C. Rove, Matthew Cooper, Time magazine, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Prosecutors in the Valerie Plame Wilson identity leak case (see December 30, 2003) become intensely interested in a 2003 State Department memo (see June 10, 2003) detailing how former ambassador Joseph Wilson—Plame Wilson’s husband—was chosen to journey to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). The memo also sheds light on the role Wilson’s wife played in his selection. Prosecutors are trying to learn whether White House officials learned of Plame Wilson’s identity from the memo, if any officials then leaked her name to the press, and if those officials were truthful in their testimony about the memo. It is possible that the memo could show that the State Department told the White House of Plame Wilson’s identity as an undercover CIA agent before July 6, 2003, when Wilson publicly lambasted the Bush administration’s justification for war with Iraq in a New York Times op-ed (see July 6, 2003). It is as yet unclear who actually saw the memo, or whether it was the original source of information for whoever gave Plame Wilson’s name to conservative columnist Robert Novak (see July 8, 2003). Former White House spokesman Ari Fleischer is also a person of interest in the investigation. Prosecutors want to know how much detailed information he had about the State Department memo. [New York Times, 7/16/2005]

Entity Tags: Valerie Plame Wilson, Ari Fleischer, US Department of State, Bush administration (43), Robert Novak, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Bud Cummins, US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his second Evaluation and Review Staff (EARS) evaluation by the Justice Department. As with his first EARS evaluation (see April or August 2002), he is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. The current EARS evaluation reports that Cummins and his senior management team “effectively managed the office’s operations and personnel.” Under Cummins, the report says, his office has “established strategic goals that were appropriate to meet the priorities of the department and the needs of the district.” Cummins is involved in the day-to-day management of his office, and is active in Justice Department matters, serving on various Attorney General Advisory Committee subcommittees. Cummins also receives high marks for his office’s anti-terrorism, anti-drug, and reduction of gun violence programs. The office focuses strongly on public corruption cases involving state legislators. Cummins is doing a good job of incorporating a number of new and inexperienced assistants into his staff of “very experienced” assistants, though the report recommends that he consider selecting either “a deputy criminal chief, or the creation of units with lead attorneys to assist the criminal chief in the management of the workload and personnel.” The report also finds some incorrect data entries in the Legal Information Office Network System (LIONS). [US House of Representatives, Committee of the Judiciary, 4/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008] Cummins will be fired shortly after this evaluation is performed (see December 20, 2006). He has already been identified as a target for removal by Justice Department aide Kyle Sampson (see January 9, 2005). All of the US Attorneys on Sampson’s list of targets are described as “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.”

Entity Tags: US Department of Justice, D. Kyle Sampson, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

New Mexico Republican Party chairman Allen Weh, convinced that US Attorney David Iglesias is an incompetent who is deliberately refusing to prosecute voter fraud cases (see May 6, 2005 and After and May 12 - June 9, 2005), sends an email to Scott Jennings, an official in the White House Office of Political Affairs (OPA). He copies the email to Jennings’s supervisors Karl Rove and Sara Taylor (see Late January 2005), Republican National Committee official Timothy Griffin, and Steve Bell, the chief of staff to Senator Pete Domenici (R-NM). Weh writes in part: “We discussed the need to replace the US Atty in NM several months ago. The brief on voter fraud at the RNC [Republican National Committee] meeting last week reminded me of how important this post is to this issue, and prompted this follow up. As you are aware the incumbent, David Iglesias, has failed miserably in his duty to prosecute voter fraud. To be perfectly candid, he was ‘missing in action’ during the last election, just as he was in the 2002 election cycle. I am advised his term expires, or is renewed, in October. It is respectfully requested that strong consideration be given to replacing him at this point.… If we can get a new US Atty that takes voter fraud seriously, combined with these other initiatives we’ll make some real progress in cleaning up a state notorious for crooked elections.” Griffin responds in an email to Rove and Taylor: “I have discussed this issue with counsel’s office [the White House counsel’s office, headed by Harriet Miers]. I will raise with them again. Last time I spoke with them they were aware of the issue, and they seemed to be considering a change on their own. I will mention again unless I am instructed otherwise.” Twenty minutes later, Rove responds by telling Griffin, “Talk to the counsel’s office.” Griffin replies, “Done,” and adds a bit about setting up a meeting with someone unrelated to the Iglesias-Weh discussion. Rove responds, “Great.” He will later testify that he may have been responding to Griffin about the unrelated meeting. [US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file] One of Weh’s Republican colleagues, lawyer Patrick Rogers, recommended that state and national Republicans use voter fraud as a “wedge issue” before the November 2004 elections, and has himself complained about Iglesias’s record on voter fraud investigations (see September 23 - October 2004).

Entity Tags: Karl C. Rove, David C. Iglesias, Allen Weh, Harriet E. Miers, J. Timothy Griffin, Sara Taylor, Pietro V. (“Pete”) Domenici, White House Office of Political Affairs, J. Scott Jennings, Republican National Committee, New Mexico Republican Party, Steve Bell

Timeline Tags: Civil Liberties

Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), asks Acting Principal Deputy Associate Attorney General William Mercer for his opinion on the performance of a number of US Attorneys. (Mercer is also a US Attorney.) Mercer will later state that Sampson does not say that there is a plan to fire some of the Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, March 2, 2005, and March 23, 2005), but Mercer understands that such is Sampson’s purpose in asking his opinion. Sampson says that changes might be made in certain districts with productivity problems or policy compliance issues. Mercer will later recall discussing issues with US Attorney Carol Lam’s immigration records (see February 2, 2004, July 30, 2004, and September 23, 2005), and will recall discussions about US Attorney Kevin Ryan as well. Mercer will say he and Sampson may discuss other Attorneys as well, but will state he cannot recall who those Attorneys might be. Mercer gets the sense that Sampson is speaking with other people about the issue, but does not know who those people might be. Mercer will say that he and Sampson do not discuss the issue again until December 2006, when the firing plan is activated (see December 7, 2006). [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Carol C. Lam, D. Kyle Sampson, Kevin J. Ryan, William W. Mercer

Timeline Tags: Civil Liberties

Nineteen US Representatives, headed by Lamar Smith (R-TX) and Darrell Issa (R-CA), send a letter to President Bush warning of a “crisis along the Southwest border” of the nation “that needs immediate attention.” Smith and his fellow signatories complain that “coyotes,” or criminals who smuggle illegal immigrants across the border in attempts to avoid immigration procedures and the US Border Patrol, constitute a grave threat to national security. Smith references the case of Antonio Amparo-Lopez, a “coyote” whom, after being arrested, was let go by Carol Lam, the US Attorney in Southern California (see February 2, 2004 and July 30, 2004). Lam and other Justice Department officials have cited a severe lack of resources in their decisions not to prosecute low-level alleged criminals such as Amparo-Lopez. The signatories ask Bush to “dedicate additional resources and direct US Attorneys in the Southwest region to make the prosecution of human smugglers a priority.” Representative Randall “Duke” Cunningham is one of the signatories; he is under investigation by Lam’s office for corruption. Six weeks later, the Justice Department’s Office of Legislative Affairs sends what conservative columnist Byron York will call “a brush-off letter” in response. [US Department of Justice, 3/23/2007 pdf file; National Review, 3/28/2007]

Entity Tags: Office of Legislative Affairs, Antonio Amparo-Lopez, Byron York, Carol C. Lam, Darrell E. Issa, Randall (“Duke”) Cunningham, George W. Bush, Lamar Smith

Timeline Tags: Civil Liberties

US Attorneys David Iglesias of New Mexico and Steven M. Biskupic of Wisconsin are chosen by the Justice Department to teach other federal prosecutors how to pursue voter fraud and other election crimes at a symposium hosted by the department’s public integrity and civil rights sections. The symposium is attended by over 100 prosecutors from around the country. Iglesias will later say that he and Biskupic were chosen because they are the only two US Attorneys to have created task forces to examine allegations of voter fraud in the 2004 elections (see September 7 - October 6, 2004 and Early 2005). The two-day seminar features a luncheon speech by Attorney General Alberto Gonzales. [Washington Post, 3/19/2007]

Entity Tags: Steven M. Biskupic, Alberto R. Gonzales, David C. Iglesias, US Department of Justice

Timeline Tags: Civil Liberties

Representative Darrell Issa (R-CA) writes a letter to the US Attorney for Southern California, Carol Lam (see November 8, 2002), complaining about her “apparent instance of discretionary non-prosecution of criminal illegal aliens.” He says that Lam should immediately reverse her decision not to prosecute Alfredo Gonzales Garcia (also recorded as “Alfredo Garcia-Gonzalez”), a repeat offender currently in the custody of the Border Patrol; he writes, “Criminal alien repeat offenders pose a significant danger to our citizens and must be dealt with more severely than a 24-hour detention and release.” He continues: “Your office has established an appalling record of refusal to prosecute even the worst criminal alien offenders.… Every time one of these criminals is released, our communities become more dangerous.” [US House of Representatives, 10/13/2005 pdf file; US Department of Justice, 3/23/2007 pdf file; US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file] Issa and his fellow Republicans have long pressured Lam to prosecute more immigrant cases (see February 2, 2004, July 30, 2004, November 4, 2004 - (February 2005), (December 30, 2004), and September 23, 2005). Issa has also accused Lam, apparently without proof, of having a policy of not prosecuting “immigration ‘mules,’” apparently referring to immigrant “smugglers,” sometimes called “coyotes,” who help immigrants illegally cross the border from Mexico into the US. In June 2005, Lam denied having such a policy, but did note that “it is not physically possible to prosecute every alien (or coyote) who is arrested” and therefore her office “must focus its prosecutorial resources on those aliens who pose the greatest danger to the United States by their presence.” At the same time, Assistant Attorney General William Moschella wrote in response: “The Southern District of California (SDCA) does not have a policy against prosecuting coyotes, publicly stated or otherwise. Nor does any other district. In fact, SDCA has aggressively prosecuted coyotes for years, with an increasing number of cases in each year since 2001.” [US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file]

Entity Tags: Alfredo Gonzales Garcia, Darrell E. Issa, William E. Moschella, Carol C. Lam

Timeline Tags: Civil Liberties

Karl Rove (right) and his lawyer, Robert Luskin.Karl Rove (right) and his lawyer, Robert Luskin. [Source: Doug Mills / The New York Times]White House deputy chief of staff Karl Rove testifies for a fourth time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). [Washington Post, 10/15/2005; Washington Post, 7/3/2007] Rove amends and clarifies his earlier testimony, most notably his failure to remember outing Plame Wilson to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). Special prosecutor Patrick Fitzgerald spends a large portion of Rove’s session focusing on the omission. In earlier testimony, Rove attempted to claim that he had only a “hazy recollection” of hearing Plame Wilson’s name (see October 15, 2004) before reading Robert Novak’s column which publicly outed her as a CIA agent (see July 14, 2003). He now testifies that he informed Cooper of her status as a CIA agent days before the article appeared, and his memory apparently failed him during his earlier statements to the grand jury. Rove testifies that his recollection was prompted by the discovery of an e-mail message to Stephen Hadley, then the deputy national security adviser, that he wrote after talking to Cooper (see March 1, 2004). [National Journal, 10/7/2005; New York Times, 10/15/2005] He insists that he never identified Plame Wilson by her name, but “merely” as the wife of former ambassador Joseph Wilson, and did not intentionally reveal her as a covert CIA official because he did not know of her clandestine status. [Washington Post, 10/15/2005] He says he may have learned of Plame Wilson’s CIA identity from fellow White House official Lewis Libby, and says that both he and Libby learned of her CIA employment status from reporters. He says someone else outside the White House also told him of Plame Wilson’s identity, but he cannot remember who that was. [Washington Post, 10/20/2005] Previously, Rove insisted that he learned of Plame Wilson’s identity from reporters, and not the other way around, as many reporters and others have already testified. Rove has said that one of the reporters who told him that Plame Wilson was a CIA official was Novak, a statement Novak has contradicted (see October 7, 2003, February 5, 2004, and September 14, 2004). Rove also testified that he never told Cooper Plame Wilson’s name, but merely identified her as the wife of former ambassador Joseph Wilson. [Associated Press, 7/15/2005]
Rove's Testimony No Distraction, White House Officials Claim - White House spokesman Scott McClellan says Rove’s testimony has not distracted the administration from its usual affairs: “[W]hile there are other things going on, the White House doesn’t have time to let those things distract from the important work at hand.” [New York Times, 10/15/2005] White House chief of staff Andrew Card concurs. “Well, obviously we’re all human beings and we know that there are external activities that impact the environment you’re working in,” he says. “It is something that is there, but it is something that we don’t talk about because it would be inappropriate.… I haven’t found anyone that is distracted because of the ongoing investigation, but we all know that it’s taking place and we’re all working to cooperate with the investigators.” [Washington Post, 10/15/2005]
Lawyer: Rove 'Always Honest' with FBI, Jury, President - Rove’s lawyer, Robert Luskin, says that his client “has always attempted to be honest and fully forthcoming” to anyone “he has spoken to about this matter, whether that be the special prosecutor or the president of the United States. My client would not hide anything, because he has nothing to hide. It would not be to his benefit to do so.” Previously, Rove had failed to disclose his discussion with Cooper to either the FBI or to President Bush (see After September 26, 2003). [National Journal, 10/7/2005] “The special counsel has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges.” [Washington Post, 10/15/2005]
Fitzgerald Mulling Criminal Charges against Rove - Sources close to the Fitzgerald investigation say Rove’s statements to Bush and to the FBI are at the heart of the decision whether or not to charge him with making false statements to investigators, or with obstruction of justice. Lying to the president could in itself be worthy of charges. Law professor Rory Little, a former federal prosecutor and assistant attorney general in the Clinton administration, says: “The president is the top law enforcement official of the executive branch. It is a crime to make a false statement to a federal agent. If the president was asking in that capacity, and the statement was purposely false, then you might have a violation of law.” However, if Bush had discussed the matter with Rove in a more informal capacity, then, Little says, a case for making false statements to a federal agent would be more difficult to prove. Law professor Randall Eliason says that if Rove deliberately lied to the president, a prosecutor could construe the lie as an “overt act… in furtherance of a criminal plan.” Law professor Stephen Gillers notes: “Misleading the president, other officials of the executive branch, or even the FBI might not, in and of themselves, constitute criminal acts. But a prosecutor investigating other crimes—such as obstruction of justice or perjury—might use evidence of any such deception to establish criminal intent. And a lack of candor might also negate a claim of good faith or inadvertent error in providing misleading information to prosecutors.” [National Journal, 10/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Bush administration (43), Karl C. Rove, Federal Bureau of Investigation, Central Intelligence Agency, Stephen J. Hadley, Andrew Card, Scott McClellan, Randall Eliason, Stephen Gillers, Matthew Cooper, Robert Luskin, Patrick J. Fitzgerald, Rory Little, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The Omega World Travel agency claims that it was improperly denied a $750,000 contract by the Wisconsin state government in favor of another firm with ties to Governor Jim Doyle (D-WI). The other firm, Adelman Travel, is owned by Craig Adelman, a major contributor to Doyle’s political campaign. Adelman and a member of the firm’s board of directors, Mitchell Fromstein, both donated $10,000—the maximum allowed under the law—to Doyle’s re-election campaign. Omega contends that the bidding process was rigged to favor Adelman Travel. State purchasing division supervisor Georgia Thompson (see 2001) says Omega and Adelman Travel were essentially tied as frontrunners during the bidding phase. Doyle denies any involvement in the selection of Adelman Travel as the state’s supplier of travel services. Doyle’s opponent for the 2006 gubernatorial race, Representative Mark Green (R-WI), says the affair has “cast a cloud on state government.” [Milwaukee Journal-Sentinel, 10/19/2005] Omega declined to formally contest the contract award. [Milwaukee Journal-Sentinel, 10/21/2005] Department of Administration Secretary Stephen Bablitch will say there is no evidence that Adelman Travel was awarded the contract improperly, and will note that the firm lost out on three of the four contracts it bid for. [Milwaukee Journal-Sentinel, 1/24/2006]

Entity Tags: James E. (“Jim”) Doyle, Adelman Travel, Georgia Lee Thompson, Stephen Bablitch, Mark Andrew Green, Mitchell Fromstein, Omega World Travel, Craig Adelman

Timeline Tags: Civil Liberties

Eighteen Republican lawmakers sign a letter written by Representative Darrell Issa (R-CA) criticizing Southern California’s US Attorney Carol Lam (see November 8, 2002) for what they call her “lax” handling of immigration cases. Representative Randall (“Duke”) Cunningham is one of the signatories; he is under investigation by Lam’s office for corruption. Issa claims that Lam is using a “catch and release” policy towards illegal immigrants caught by law enforcement officials, and refusing to prosecute such immigrants unless they have already been convicted of two felonies. David L. Smith, a legislative counsel in the Executive Office for US Attorneys, writes a draft response that is never delivered, as the Justice Department is working to set up a briefing for Issa. Another lawyer in the same office, John Crews, will later write: “The issue of catch and release is an administrative, which is to say—non criminal context. The USAO’s [US Attorneys’ offices] don’t get involved in this part of immigration enforcement.” Smith’s response indicates that Lam’s office, “along with the USAOs for just four other districts, prosecuted over two-thirds of the criminal immigration cases nationwide last year.” Smith will later indicate that he does not know if the briefing ever took place. [US House of Representatives, 10/20/2005 pdf file; US Department of Justice, 2006 pdf file; US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file; Talking Points Memo, 2011]

Entity Tags: David L. Smith, Darrell E. Issa, US Department of Justice, Randall (“Duke”) Cunningham, Executive Office for US Attorneys (DOJ), John Crews, Carol C. Lam

Timeline Tags: Civil Liberties

Screen graphic from CNN’s coverage of Lewis Libby’s indictment.Screen graphic from CNN’s coverage of Lewis Libby’s indictment. [Source: CNN / Flickr]Lewis “Scooter” Libby, Vice President Dick Cheney’s chief of staff, is indicted for perjury and obstruction of justice. Libby is accused of “outing” Valerie Plame Wilson, an undercover CIA agent, to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), and then lying about it to the FBI and to a grand jury empaneled by special prosecutor Patrick Fitzgerald (see December 30, 2003, March 5, 2004, and March 24, 2004). Libby immediately resigns his position as Cheney’s chief of staff. [US District Court for the District of Columbia, 10/28/2005 pdf file; CNN, 5/14/2006; MSNBC, 2/21/2007; Washington Post, 7/3/2007]
Five Counts of Obstruction, Two Counts of Perjury - Libby is indicted on five counts of obstruction of justice and two counts of perjury. [US District Court for the District of Columbia, 10/28/2005 pdf file; MSNBC, 2/21/2007] Though the original investigation was of the Plame Wilson leak, Fitzgerald says it is important to understand that Libby’s crimes, though not the prime focus of the initial investigation, should be prosecuted as well. “Investigators do not set out to investigate the statute, they set out to gather the facts,” he says. The indictment does not charge Libby with knowingly disclosing the identity of a covert agent. [New York Times, 10/28/2005]
Confirms that CIA Agent's Status Classified; Important to National Security - Fitzgerald confirms that the fact of Plame Wilson’s employment at the CIA was in and of itself classified information, and not to be shared to the media or the public. He says: “The fact that she was a CIA officer was not well known, for her protection or for the benefit of all us. It’s important that a CIA officer’s identity be protected, that it be protected not just for the officer, but for the nation’s security.… [T]he damage wasn’t to one person. It wasn’t just Valerie Wilson. It was done to all of us” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). [New York Times, 10/28/2005; Nation, 3/16/2007]
Libby Lied about Knowledge of Plame Wilson's Status, Indictment Charges - The indictment charges that Libby lied when he claimed that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see November 24, 2003, March 5, 2004, March 24, 2004, and August 7, 2004). Instead, the indictment charges, Libby learned about Plame Wilson and her possible role in sending her husband, former ambassador Joseph Wilson, to Niger to investigate claims of Iraqi attempts to buy uranium (see February 21, 2002-March 4, 2002) from a number of people, including an undersecretary of state (see June 10, 2003), a CIA officer who regularly briefed him on national security issues (see 2:00 p.m. June 11, 2003), an unidentified “senior CIA officer,” and from his superior, Cheney (see (June 12, 2003)). In his turn, Libby shared that information with several officials in the Office of the Vice President, including Cheney’s senior counsel David Addington (see July 8, 2003), Cheney’s national security adviser John Hannah (see May 29, 2003), and Cheney’s press secretary at the time, Cathie Martin (who may have actually informed Libby—see 5:27 p.m. June 11, 2003). “In fact, Mr. Libby was the first official known to have told a reporter when he talked to Judith Miller in June of 2003 about Valerie Wilson” (see June 23, 2003), Fitzgerald says. “[T]o be frank, Mr. Libby gave the FBI a compelling story,” he adds. “It would be a compelling story that will lead the FBI to go away if only it were true. It is not true, according to the indictment.” [New York Times, 10/28/2005; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 10/30/2005] (The unidentified “senior CIA officer” is later revealed to be Frederick Fleitz, who served both as a senior officer at the Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) desk and as Undersecretary of State John Bolton’s chief of staff—see (June 11, 2003).) [Raw Story, 11/2/2005] Jeralyn Merritt, a criminal defense attorney who writes for the progressive blog TalkLeft, notes that according to the indictment, the phrases used by Libby in his denials to the grand jury were nearly verbatim echoes of Cheney’s own denials as told to NBC’s Tim Russert in September 2003 (see September 14, 2003). [Jeralyn Merritt, 10/31/2005]
Sought Information on Plame Wilson's CIA Status - The indictment also charges that Libby sought information from the CIA and the State Department about Plame Wilson’s CIA status, and tried to determine whether she had been responsible for sending her husband to Niger. According to the indictment, Libby asked David Addington, the chief counsel to Cheney, “in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas trip.” The court papers do not say what action, if any, Addington may have taken in response to Libby’s request. [New York Times, 10/28/2005; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 12/16/2005]
Discussed with Multiple Officials before Leaking to Reporters - In a press conference, Fitzgerald walks reporters and listeners through the indictment: from Libby’s learning of Plame Wilson’s identity from State Department and CIA sources and from Cheney, through his discussing it with at least three White House officials, all before the supposed “disclosure” from Russert. Libby subsequently lied to the FBI and to Fitzgerald’s grand jury about those discussions with government officials and again with Miller and Time reporter Matthew Cooper. “[H]e lied about it afterwards,” Fitzgerald says, “under oath and repeatedly.… [A]nyone who would go into a grand jury and lie, obstruct, and impede the investigation has committed a serious crime.” [New York Times, 10/28/2005]
Leak Seriously Jeopardized National Security - Fitzgerald tells reporters that the leaking of a CIA officer’s identity is a serious breach of national security. “This is a very serious matter and compromising national security information is a very serious matter,” he says. “But the need to get to the bottom of what happened and whether national security was compromised by inadvertence, by recklessness, by maliciousness is extremely important.” Fitzgerald continues: “At a time when we need our spy agencies to have people work there, I think just the notion that someone’s identity could be compromised lightly… [discourages] our ability to recruit people and say, ‘Come work for us… come be trained… come work anonymously here or wherever else, go do jobs for the benefit of the country for which people will not thank you.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the Senate Intelligence Committee, says: “Revealing the identity of a covert agent is the type of leak that gets people killed. Not only does it end the person’s career… it puts that person in grave personal danger as well as their colleagues and all the people they have had contact with.” [New York Times, 10/28/2005; National Journal, 10/30/2005]
Charges Are Serious, Not 'Technicalities' - Responding to a question about Republican charges that Libby is being charged as a “technicality,” and Fitzgerald “overreached” his authority in filing the indictment, Fitzgerald says: “That talking point won’t fly. If you’re doing a national security investigation, if you’re trying to find out who compromised the identity of a CIA officer and you go before a grand jury and if the charges are proven… that the chief of staff to the vice president went before a federal grand jury and lied under oath repeatedly and fabricated a story about how he learned this information, how he passed it on, and we prove obstruction of justice, perjury, and false statements to the FBI, that is a very, very serious matter.… [T]he truth is the engine of our judicial system. And if you compromise the truth, the whole process is lost.… Any notion that anyone might have that there’s a different standard for a high official, that this is somehow singling out obstruction of justice and perjury, is upside down.… If these facts are true, if we were to walk away from this and not charge obstruction of justice and perjury, we might as well just hand in our jobs. Because our jobs, the criminal justice system, is to make sure people tell us the truth. And when it’s a high-level official and a very sensitive investigation, it is a very, very serious matter that no one should take lightly.” [New York Times, 10/28/2005]
Explanation for Delay in Filing Indicitment - Fitzgerald gives one reason for the delay in filing the indictment against Libby. When asked why he went to such lengths to compel the testimony of reporters such as Miller (see September 30, 2005) and Cooper (see July 13, 2005), Fitzgerald replies that the rights of the accused are paramount in his mind. The testimony of Miller, Cooper, and other journalists could bolster the case against Libby, or could help exonerate him. The possibility that he might charge someone, only to learn later that one of the journalists who had declined to testify had information to clear the person, was something that “frightens me,” Fitzgerald says. “I think the only way you can do an investigation like this is to hear all eyewitnesses.” [New York Times, 10/28/2005; National Journal, 11/12/2005]
No Charges against Cheney - Asked whether the investigation found evidence of criminal acts by Cheney, Fitzgerald answers: “We make no allegation that the vice president committed any criminal act. We make no allegation that any other people who provided or discussed with Mr. Libby committed any criminal act. But as to any person you asked me a question about other than Mr. Libby, I’m not going to comment on anything.” Fitzgerald refuses to comment on whether White House political strategist Karl Rove or anyone else will be named as co-conspirators, charged, or even named in court. [New York Times, 10/28/2005]

Entity Tags: John Hannah, Judith Miller, John D. Rockefeller, John R. Bolton, Karl C. Rove, Richard (“Dick”) Cheney, Joseph C. Wilson, Lewis (“Scooter”) Libby, Jeralyn Merritt, Frederick Fleitz, Central Intelligence Agency, David S. Addington, Weapons Intelligence, Nonproliferation, and Arms Control, Valerie Plame Wilson, Federal Bureau of Investigation, US Department of State, Catherine (“Cathie”) Martin, Tim Russert, Patrick J. Fitzgerald, Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

Syndicated conservative columnist Cal Thomas writes that because the Valerie Plame Wilson identity leak investigation is nothing more than a witch hunt to tar Bush administration officials over the war in Iraq, the special prosecutor law under which Patrick Fitzgerald is conducting his investigation should be abolished. According to Thomas, President Clinton was lauded by the media, and his investigator, special prosecutor Kenneth Starr, was universally portrayed as a “sex maniac with a political agenda” who was hounding a “decent man” over a legal, if morally questionable, sexual liaison. “Thus, Clinton’s lies under oath about his affair with Monica Lewinsky were not a big deal.” The media is giving “saturation coverage” to the Libby indictments, Thomas claims, while it gave “short shrift” to Clinton administration indictments such as then-Agriculture Secretary Michael Espy and HUD Secretary Henry Cisneros. The situation is different with accused perjurer Lewis Libby, Thomas writes (see October 28, 2005). Fitzgerald is being praised by media pundits as “an apolitical straight-shooter who is the definition of integrity” (see December 30, 2003, January 1, 2004, July 11, 2005, July 17, 2005, October 13, 2005, October 18, 2005, October 25, 2005, October 27, 2005, and October 29, 2005), and is running a fair and non-partisan investigation into crimes committed by Libby and perhaps other White House officials. According to Thomas, Fitzgerald is doing little more than working for administration critics who didn’t get their way over Iraq: “[t]hose who lost the policy battle over going to war are now fighting a rear-guard action in an attempt to damage the Bush administration and win the political war in time for the 2006 Congressional elections and certainly by the 2008 presidential contest.” Thomas says that since the Independent Counsel Law was passed in 1978 in the wake of the Watergate scandal, it has brought few convictions and cost taxpayers an inordinate amount of money. “Enough Democrats and Republicans have been forced to run this gauntlet that perhaps a truly bipartisan solution can be found to end it,” Thomas concludes. “That Libby’s indictments are not about policy, but about who remembers what and when, ought to be the final straw in this ridiculous process.” [Town Hall (.com), 10/31/2005]

Entity Tags: Bush administration (43), Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Cal Thomas

Timeline Tags: Niger Uranium and Plame Outing

David Iglesias, the US Attorney for New Mexico (see October 18, 2001), does well in his second Evaluation and Review Staff (EARS) evaluation by the Justice Department (see 2002). The report of the evaluation states: “The United States Attorney… was respected by the judiciary, agencies, and staff. The First Assistant United States Attorney… appropriately oversaw the day-to-day work of the senior management team, effectively addressed all management issues, and directed resources to accomplish the department’s and the United States Attorney’s priorities.”” The EARS report contains no criticisms or concerns about Iglesias’s leadership. Of the office (the USAO), the report finds: “The USAO had established an active and effective Anti-Terrorism Advisory Council. The USAO had a nationally recognized and highly effective firearms violence initiative and an active and effective program to address drug trafficking crimes in the district. The USAO was effectively prosecuting immigration and border crimes within the constraints of the available resources.” The only major criticism of the office is an apparent “lack of coordination within the civil division and between the civil and criminal divisions” in some areas. [US House of Representatives, Committee of the Judiciary, 4/13/2007 pdf file; US House of Representatives, Committee on the Judiciary, 6/15/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008] In January 2006, Iglesias will receive a laudatory letter from Michael Battle, the head of the Executive Office for US Attorneys, praising the “legal management of your office” and his “exemplary leadership in the department’s priority programs.” [US House of Representatives, Committee on the Judiciary, 5/21/2007]

Entity Tags: US Department of Justice, David C. Iglesias, Michael A. Battle

Timeline Tags: Civil Liberties

David Smith, the legislative counsel for the Executive Office for US Attorneys, writes a response to Republican complaints about the performance of Southern California US Attorney Carol Lam (see October 20, 2005). Lam’s critics allege that she has been “lax” in prosecuting immigration cases. Smith writes: “At the close of Fiscal Year 2005, SDCA [the Southern District of California, Lam’s office] had 385 alien smuggling [illegal immigration] cases pending against 454 defendants, which is the highest annual number of cases that office has ever had.… [D]espite the fact that both the SDCA and the Department of Justice as a whole have numerous criminal priorities in addition to criminal aliens, from Fiscal Year 200 through Fiscal Year 2005, well over half of all criminal cases filed by SDCA were cases filed under just three statutes, the primary criminal alien statutes.” The actual letter on the subject is slated to be sent from the office of Assistant Attorney General William Moschella, but it is unclear if the letter is ever actually sent. [Talking Points Memo, 2011]

Entity Tags: David Smith, Executive Office for US Attorneys (DOJ), Carol C. Lam, William E. Moschella

Timeline Tags: Civil Liberties

US Attorney Paul Charlton of Arizona (see November 14, 2001) and his office receive their second Justice Department evaluation, known as EARS (Evaluation and Review Staff). Charlton and his office received a strongly positive evaluation in 2003 (see December 2003). Both the Phoenix and Tucson offices are “very well run,” the second report finds, although it identifies some minor management issues such as clear division of duties between the administrative division and Charlton’s Special Assistant. [US House of Representatives, Committee of the Judiciary, 4/13/2007 pdf file] Charlton will be fired shortly after this evaluation is performed (see December 20, 2006). He has already been identified as a target for removal by Justice Department aide Monica Goodling (see January 1-9, 2006).

Entity Tags: Paul K. Charlton, US Department of Justice

Timeline Tags: Civil Liberties

Brent Ward, a former US Attorney who now heads the Justice Department’s Obscenity Prosecution Task Force, meets with two senior members of US Attorney Daniel Bogden’s staff (see November 2, 2001) to discuss obscenity prosecutions. Ward’s task force focuses on what are sometimes called “adult obscenity cases,” which do not involve children nor allegations that anyone was coerced into taking part in the activities alleged to be obscene. The activities Ward pursues are strictly consensual acts performed by adults. Because of its small size, it requires the assistance of US Attorneys to pursue and prosecute offenders. Ward’s task force has had significant difficulties getting assistance from many US Attorneys, who have informed Ward that their offices have higher-priority cases than those he is pursuing. Ward often claims that Attorney General John Ashcroft, and later Attorney General Alberto Gonzales, have made “adult obscenity” cases a priority for the department, but at the same time he has registered strong complaints that such prosecutions are not a department priority. Ward receives a similar reception from Bogden’s staffers, who tell him that their office has no interest in pursuing such cases in Nevada. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Brent Ward, Alberto R. Gonzales, John Ashcroft, Obscenity Prosecution Task Force, Daniel G. Bogden

Timeline Tags: Civil Liberties

Lawyers for former vice-presidential chief of staff Lewis Libby, charged with perjury and obstruction of justice in the Valerie Plame Wilson identity leak case (see December 30, 2003 and January 16-23, 2007), say they will subpoena a number of journalists and news organizations. The lawyers say the journalists and news organizations’ notes and records will assist in defending their client. [Wall Street Journal, 1/21/2006; Washington Post, 7/3/2007] The defense also intends to ask for a large number of government documents, many of them classified. They do not say what they intend to ask for, or who they intend to subpoena, but they do alert Judge Reggie Walton that the trial could be significantly delayed during the subpoena and discovery processes. The prosecution is expected to resist some of Libby’s lawyers’ requests. [New York Times, 1/21/2006; Wall Street Journal, 1/21/2006] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, writes: “The government wants the case to be about whether Libby lied. The defense wants to complicate the case by asking for everything, from reporters’ notes to government agency records, not just about Libby but about Valerie Plame [Wilson] and especially, what others knew about her and from whom and when and where did they learn it. The defense will try to think of everything the government doesn’t want to turn over and it will ask for that. The media companies will battle Libby’s subpoenas, and Libby’s team is probably hoping that the trial court will rule in his favor, which in turn will result in an appeal by the media groups and a long delay of his trial.” [Jeralyn Merritt, 1/20/2006]

Entity Tags: Jeralyn Merritt, Reggie B. Walton, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Georgia Thompson.Georgia Thompson. [Source: Truth in Justice (.org)]Georgia Thompson, the supervisor of Wisconsin’s state government travel spending (see 2001), is indicted by a federal grand jury. She is charged with manipulating the bid process on a state travel contract, intending to “cause political advantage for her supervisors” (see October 19, 2005 and October 2005). The indictment also says her actions “were intended to help her job security.” If convicted, Thompson could receive up to 20 years in prison. The grand jury probed a contract Thompson and the state’s purchasing division awarded to Adelman Travel, whose executives have made $20,000 in campaign contributions to Governor Jim Doyle (D-WI). Doyle was not interviewed by the jury and denies any involvement in the contract award process. The jury was convened by US Attorney Steven Biskupic. Investigators say Thompson was not fully cooperative with their probe, and some witnesses have told the jury that Thompson pushed for Adelman to receive the contract over another bidder, Omega World Travel. The travel bidding affair has become something of a political football, with Wisconsin Republicans using it to accuse Doyle of corruption. Milwaukee County Executive Scott Walker (R-WI), expected to challenge Doyle for the governor’s office in 2006, says that Doyle’s administration “condoned unethical and illegal behavior.… Today’s indictment provides further confirmation that the Doyle administration is damaged and must be removed from the Capitol. Jim Doyle’s political connections to this aide are, without question, mentioned as a defining piece of the evidence used to bring forth this indictment.” Another Republican challenger, Representative Mark Green (R-WI), says electing him would help restore the public’s confidence in elected officials: “The Doyle administration’s ethical lapses have cast a cloud over state government that grows darker and darker each day.” Department of Administration Secretary Stephen Bablitch says there is no evidence that Adelman Travel was awarded the contract improperly. [Milwaukee Journal-Sentinel, 1/21/2006; Milwaukee Journal-Sentinel, 1/24/2006; Milwaukee Journal-Sentinel, 1/27/2006]

Entity Tags: Mark Andrew Green, Adelman Travel, James E. (“Jim”) Doyle, Scott Kevin Walker, Omega World Travel, Steven M. Biskupic, Georgia Lee Thompson, Stephen Bablitch

Timeline Tags: Civil Liberties

Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) move for the charges against their client to be dismissed, on the ground that special counsel Patrick Fitzgerald lacks the constitutional authority to bring such charges. The lawyers argue that Fitzgerald was improperly appointed by the Justice Department instead of by Congress (see December 30, 2003), and therefore no charges brought or evidence gathered by him and his office have any standing in the court. “Those constitutional and statutory provisions have been violated in this case,” Libby’s lawyers argue. Most legal observers doubt the motion will be granted. Former independent counsel Scott Fredericksen, who investigated Reagan-era scandals at the Department of Housing and Urban Development, says, “I think it’s a nice try, but I don’t give it much chance of success.” Legal experts say the Supreme Court ruled against a similar claim in 1998, in Morrison v. Olson. Government regulations clearly give the Justice Department the authority to appoint a special counsel when conflicts of interest within the department, or within the White House, make the normal procedures questionable. “The regulations that created the special counsel are safe from attack,” Fredericksen says. [Associated Press, 2/23/2006; US District Court for the District of Columbia, 2/23/2006 pdf file; Washington Post, 2/24/2006]

Entity Tags: Scott Fredericksen, Lewis (“Scooter”) Libby, US Department of Justice, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team accuses special counsel Patrick Fitzgerald of changing and narrowing his original broadly worded investigative mandate (see December 30, 2003) in order to avoid having his case against Libby dismissed. In a court filing, Libby’s team accuses Fitzgerald and the former Justice Department official who appointed him, James Comey, of rewriting Fitzgerald’s original mandate. According to Libby’s lawyers, the original mandate of what they call “unsupervised and undirected power” requires that Fitzgerald be relieved of his duties and all the results of his investigation, including any evidence of wrongdoing, be voided. “The government attempts to salvage the appointment by submitting two affidavits recently prepared by Mr. Comey and Mr. Fitzgerald, claiming that their previously undisclosed, subjective understanding of the appointment was narrower,” Libby’s lawyers write, apparently referring to Fitzgerald’s recent assertion that the Libby prosecution is about perjury and obstruction of justice, not about the leak of former CIA official Valerie Plame Wilson’s covert agency status. “Mr. Comey now asserts that ‘it was my intention that the special counsel would follow substantive department policies’ in exercising that authority,” the lawyers note, not to follow what they say was Fitzgerald’s unrestricted investigation that, they allege, violated Justice Department policies. The lawyers also reiterate their claim that Fitzgerald’s appointment is unconstitutional because he should have been appointed by Congress, not the Justice Department (see February 23, 2006). [US District Court for the District of Columbia, 3/31/2006 pdf file; Associated Press, 4/1/2006; Associated Press, 4/1/2006] Judge Reggie Walton will refuse to dismiss the charges (see April 26, 2006).

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton refuses to dismiss felony perjury and obstruction charges against former White House official Lewis Libby. Walton turns down a bid by Libby’s defense lawyers to have the charges dismissed on the grounds that special counsel Patrick Fitzgerald lacks the constitutional authority to bring any such charges (see March 31, 2006). Walton writes that he does not need to “look far” in the law to reject the claim, and affirms that the attorney general can indeed delegate his functions, as was done in the Fitzgerald appointment (see December 30, 2003). “There was no wholesale abdication of the attorney general’s duty to direct and supervise litigation,” he writes. “This case provides the clearest example of why such broad discretion is necessary,” Walton notes. “Here, the attorney general [John Ashcroft] believed there was a conflict of interest.… It was, therefore, entirely appropriate for the attorney general to remove himself completely from the investigation.” [Associated Press, 4/26/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

A simulation of waterboarding arranged by ABC News.A simulation of waterboarding arranged by ABC News. [Source: ABC News]According to an ABC News report in September 2007, CIA Director Michael Hayden bans the use of waterboarding some time in 2006, with the approval of the White House. It is not known when exactly the technique is banned that year, but presumably it takes place after Hayden becomes CIA director (see May 5, 2006) and in response to the Supreme Court decision mandating that terror suspects must be given treatment consistent with the Geneva Conventions (see July 12, 2006). Waterboarding is a harsh interrogation technique that simulates drowning and is usually referred to as torture. Allegedly, the CIA last used waterboarding in 2003 on Khalid Shaikh Mohammed and “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects” (see May 2002-2003). John Sifton of Human Rights Watch later says the ban “a good thing, but the fact remains that the entire [CIA interrogation] program is illegal.” [ABC News, 9/14/2007] Over a year before Hayden’s decision, Justice Department official Daniel Levin had himself subjected to simulated waterboarding to help him determine if waterboarding was indeed torture (see Late 2004-Early 2005). Levin intended to issue a memo condemning the practice as beyond the bounds of the law, but was forced out of the Justice Department before he could make that ruling.

Entity Tags: Daniel Levin, US Supreme Court, US Department of Justice, White House, Central Intelligence Agency, John Sifton, Khalid Shaikh Mohammed, Michael Hayden, Geneva Conventions

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

CIA Director Porter Goss abruptly resigns “amid allegations that he and a top aide may have attended Watergate poker parties where bribes and prostitutes were provided to a corrupt congressman.” A senior law enforcement official says, “It’s all about the Duke Cunningham scandal.” Congressman Randall “Duke” Cunningham (R-CA) was sentenced to eight years in prison after pleading guilty in late 2005 to taking millions of dollars in bribes. Goss is replaced by General Michael Hayden, the former director of the NSA. [New York Daily News, 5/6/2006] The Bush administration gives no explanation for the resignation and even Goss publicly describes his own resignation as “just one of those mysteries.” [CNN, 5/6/2006] It is later learned that Goss’s resignation is spurred in part because of the controversy surrounding his chosen CIA Executive Director, Kyle “Dusty” Foggo. Foggo is being investigated for his connections to Cunningham. Both Foggo and Cunningham are being investigated by the office of US Attorney Carol Lam (see November 8, 2002). [Talking Points Memo, 2011] In 2007, former senior CIA analyst Valerie Plame Wilson will write: “Once John Negroponte became the de facto intelligence czar as director of national intelligence (DNI—see February 17, 2005)… Goss’s effectiveness, prestige, and daily access to the president had been considerably diminished. This, in turn, further degraded and undermined the organization he led. During a time of driving massive change, which Goss and other senior intelligence managers were attempting to do at the agency, effective and clear communication with all levels of the organization is critical. Goss failed completely at this task and the cost was high.… [H]e had been a poor fit from the beginning. In an underperforming bureaucracy such as the CIA, a strong leader, respected by the rank and file, is essential to managing needed change and modernization. On a personal note, I was not sorry to see him go.” [Wilson, 2007, pp. 247-248]

Entity Tags: Randall (“Duke”) Cunningham, Porter J. Goss, Valerie Plame Wilson, Michael Hayden, John Negroponte, Bush administration (43), Kyle Dustin “Dusty” Foggo, Carol C. Lam

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Almost two years after resigning from the CIA (see Early November, 2004), Stephen Kappes agrees to return as deputy director for the new agency head, General Michael Hayden. Kappes is leaving his position as the chief operating officer for ArmorGroup International, a British security firm, to take the position. He is a former Marine with 25 years of service in the CIA. He is fluent in Russian and Farsi, and took part in agency operations against Iran while serving in the Frankfurt, Germany, station. After the 1991 Gulf War, Kappes reopened the CIA’s Kuwait station. He also was a key participant in the agency’s attempts to find information on nuclear black marketeer A. Q. Khan. He was deputy director for operations under former CIA chief George Tenet before coming into conflict with Tenet’s replacement, Porter Goss (see September 24, 2004). Kappes was one of the first of many CIA officials to leave the agency under Goss’s tenure, either by resignation or by firing as Goss attempted to purge the agency of all but Bush administration loyalists (see November-December 2004). [New York Times, 5/30/2006; Time, 6/1/2006] In May, CNN reported that Kappes was being offered the job in part to assuage concerns among members of the Senate Intelligence Committee, who doubt Hayden’s ability to lead the agency and question whether he will run it in a nonpartisan fashion. Many observers see Kappes’s return both as a repudiation of Goss, who abruptly resigned over allegations of involvement with prostitutes and bribery schemes (see May 5, 2006), and as a potential brake on any possible instances of Hayden putting his loyalty to the Bush administration over his loyalties to the CIA and the nation. John Negroponte, the director of national intelligence, said when Kappes’s nomination for the position was announced: “I believe that Mike’s appointment, and I think together if the appointment of Steve Kappes goes through, I think that’s going to be a boost for the morale out there. And I think they’re going to welcome this new leadership.” Hayden himself has said that Kappes’s return is a signal that “amateur hour” is over. Former clandestine CIA agent Milt Bearden says, “The simple fact is that he is a very solid choice to come to the agency at a time when it is extremely wobbly.” And a former top CIA official says: “The really good people are happy he’s coming back. The ones who are scared of him should be scared of him.” [CNN, 5/9/2006; New York Times, 5/30/2006]

Entity Tags: Michael Hayden, ArmorGroup International, John Negroponte, Stephen Kappes, Central Intelligence Agency, Senate Intelligence Committee, Milt Bearden

Timeline Tags: Civil Liberties

Georgia Thompson, a Wisconsin state purchasing executive, is convicted of two felony charges of manipulating the bid process on a state travel contract, intending to “cause political advantage for her supervisors” (see October 19, 2005, October 2005, and January 24, 2006). The indictment said her actions “were intended to help her job security,” though it did not allege the existence of a so-called “pay to play” scheme that traded campaign donations for contracts. Thompson was charged with improperly steering a travel contract with the state, worth $750,000, to a travel firm whose executives made political donations to Governor Jim Doyle (D-WI). She pled not guilty to the charges, and was not asked by prosecutors to take a deal in return for testifying about alleged improprieties by Doyle and other administration officials. Her lawyer, Stephen Hurley, said at the time: “They can squeeze all they want. There’s nothing to squeeze out.” Hurley called the charges against her “the most bizarre application of the statute I’ve ever seen.” US Attorney Steven Biskupic, a Bush administration appointee, is using the Thompson case to find evidence of criminal corruption within the Doyle administration. Thompson faces up to 20 years in prison and a $1 million fine. Wisconsin Republicans have dubbed the affair “Travelgate,” and are using it to drub Doyle in campaign ads. Doyle is expected to face stiff competition from Republican challengers in the November 2006 election. During the trial, prosecutors did not allege that Thompson colluded with anyone in the Doyle administration to rig the contract process. Instead, they said Thompson carried out the improprieties on her own in order to curry favor with her superiors. Biskupic called her actions “politically motivated bid-rigging,” and said she inflated her scores for Adelman Travel in the bid assessment process “for private gain for herself and others” rather than using the criteria established by state law. Hurley called Biskupic’s logic “bizarre,” and noted that Thompson did not profit in any way from her alleged bid-rigging. In fact, Hurley said, her actions saved the state $27,000. Hurley said during the trial that she had no way of knowing about the campaign contributions, and her job did not depend on which company received the contract. Evidence presented during the trial showed that Adelman Travel was involved in setting the parameters for the contract awarding criteria months before being invited to take part in the bidding, though Thompson was not involved in those dealings. Thompson testified that she is not politically active and knew nothing of the politics behind the contract. She said she was not pressured to award Adelman Travel the contract. She said that she had a negative reaction to Adelman’s competitor for the contract, Omega World Travel, because unlike Adelman Travel, it was not a local firm, and she found Omega’s representatives “pushy, abrasive, and East Coast” in their manner. Through tears, she testified: “As a consumer, you can say, ‘Gee, I need a new refrigerator,’ look in the Sunday paper, see that there are refrigerators for sale, and say, ‘Okay, this is the one I want. This looks like the right price.’ You go in to buy it, and you don’t like the salesperson, so you don’t buy it. In state government, you can’t do that.” If you do, she said, the contract could be called into question. In his closing arguments, Biskupic called Thompson a liar, noting that her testimony in court was different in some aspects to statements she had given reporters. Doyle says after the conviction is issued: “It is clear that Georgia Thompson acted on her own and that no other state employee was involved.… As I have stated before, I have zero tolerance for ethical lapses in government. When public servants abuse the public’s trust, they forfeit their rights to continue in the state’s employ.” Doyle says that Thompson will likely be fired after a review is conducted. [Milwaukee Journal-Sentinel, 2/3/2006; Milwaukee Journal-Sentinel, 6/3/2006; Milwaukee Journal-Sentinel, 6/6/2006; Milwaukee Journal-Sentinel, 6/9/2006; Milwaukee Journal-Sentinel, 6/13/2006] She will resign her position shortly after her conviction. [Milwaukee Journal-Sentinel, 4/5/2007]

Entity Tags: Adelman Travel, James E. (“Jim”) Doyle, Omega World Travel, Steven M. Biskupic, Stephen Hurley, Georgia Lee Thompson

Timeline Tags: Civil Liberties

Former Scripps Howard editor Dan Thomasson, writing for the Cincinnati Post, writes that the Plame Wilson identity leak investigation is the most “bizarre, silly, overblown, and wasteful affair” he has seen in his 43 years of Washington reporting. The exposure of Valerie Plame Wilson broke no laws and did no damage to national security or US intelligence-gathering efforts, Thomasson writes (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Once the FBI learned the source of the Plame Wilson leak, whom Thomasson asserts was no one besides former Deputy Secretary of State Richard Armitage (see October 2, 2003), the investigation should have been terminated, even before the appointment of a special counsel to continue it (see December 30, 2003). Thomasson believes that the CIA pushed for the continuance of the investigation “as a diversion from the mounting furor over its own inadequacies in counterintelligence, ranging from the 9/11 terrorist attacks to its assessment of Iraq’s nuclear and biochemical capabilities.” Thomasson concludes that the investigation, and the upcoming Libby trial, are “far worse in [their] potential results and future implications than the original leak ever was.” [Cincinnati Post, 9/6/2006]

Entity Tags: Valerie Plame Wilson, Dan Thomasson, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Wisconsin Department of Administration supervisor Georgia Thompson (see 2001 and June 13, 2006) is sentenced to 18 months in prison for allegedly steering a state travel contract to a firm whose executives contributed $20,000 to the campaign of Governor Jim Doyle (D-WI—see October 19, 2005, October 2005, and January 24, 2006). She was convicted of misapplying government funds and of defrauding the state of its right to honest services. Aside from her prison term, Thompson is sentenced to pay $4,000 in fines and serve three years of supervised release. The jury concluded that the firm, Adelman Travel, would not have been awarded a $750,000 contract had Thompson not manipulated the selection process. “People are deserving of good and honest government,” says District Judge Rudolph T. Randa. “There has been too much of this recently; people tend to lose confidence.” Thompson is appealing the conviction. The judge and attorneys for both sides have acknowledged the political nature of the case. Wisconsin Republican Party chairman Rick Wiley has already used Thompson in attack ads targeting Doyle for the upcoming election, with one ad saying, “Jim Doyle has rigged contracts for cash, he’s rigged votes to make political attacks, and by failing to protect our electoral process, this election is ripe for fraud once again.” Wisconsin Democratic Party chair Joe Wineke says of the ads, “For months, Republicans have been trying to use the Georgia Thompson case for their own political advantage and to smear Governor Doyle.” [Milwaukee Journal-Sentinel, 9/22/2006]

Entity Tags: Georgia Lee Thompson, Adelman Travel, James E. (“Jim”) Doyle, Joe Wineke, Rudolph T. Randa, Rick Wiley

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Niger Uranium and Plame Outing

The editorial board of the conservative National Review demands that President Bush pardon convicted felon Lewis Libby immediately (see March 6, 2007). The editorial joins an angry demand for a presidential pardon in the magazine’s pages from former Bush speechwriter David Frum (see March 6, 2007). The editors write that Libby was “the target of a politicized prosecution set in motion by bureaucratic infighting and political cowardice,” powered by “liberal partisans” who leapt on the exposure of CIA official Valerie Plame Wilson and adopted her husband Joseph Wilson’s “paranoid persecution theory” (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). A “scandal-hungry media” joined in with the Wilsons to launch unwarranted attacks on the White House, the editors write, which eventually forced the appointment of a special prosecutor to investigate the Plame Wilson identity leak (see December 30, 2003). The editors blame the CIA, the State Department, Congressional Democrats, and the “liberal media” for forcing the issue, and say the Justice Department was too quick to appoint special counsel Patrick Fitzgerald, whom they note is a “close friend” of the person who appointed him, Deputy Attorney General James Comey (see December 30, 2003). The editors insist that Libby’s “imperfect memory” (see January 31, 2006) led to the charges of perjury and obstruction of justice, and the testimony of reporters throughout the trial proved that their memories were no better than Libby’s. The editors conclude: “There should have been no referral, no special counsel, no indictments, and no trial. The ‘CIA-leak case’ has been a travesty. A good man has paid a very heavy price for the Left’s fevers, the media’s scandal-mongering, and President Bush’s failure to unify his own administration. Justice demands that Bush issue a pardon and lower the curtain on an embarrassing drama that shouldn’t have lasted beyond its opening act.” [National Review, 3/6/2007]

Entity Tags: National Review, David Frum, George W. Bush, James B. Comey Jr., Patrick J. Fitzgerald, US Department of Justice, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The Wall Street Journal joins the National Review (see March 6, 2007 and March 6, 2007), the New York Post (see March 7, 2007), and a law professor whom the Journal published in today’s editorial pages (see March 7, 2007) in demanding that President Bush pardon convicted felon Lewis Libby (see March 6, 2007). The Journal’s editorial board hopes that “Bush will realize that this case was always a political fight over Iraq and do the right thing by pardoning Mr. Libby.” Like its fellow conservative pundits and media outlets, the Journal calls the conviction “a travesty of justice,” and writes that the Libby defense team “seems to have blundered by portraying Mr. Libby as the ‘fall guy’ for others in the White House. That didn’t do enough to rebut [special counsel Patrick] Fitzgerald’s theory of the case, and so the jury seems to have decided that Mr. Libby must have been lying to protect something. The defense might have been better off taking on Mr. Fitzgerald for criminalizing political differences.” Libby was “convicted of telling the truth about” Joseph and Valerie Plame Wilson “to some reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) but then not owning up to it.” The Journal believes Libby “tried to cooperate with the grand jury because he never really believed he had anything to hide” (see March 5, 2004 and March 24, 2004). The entire case was brought, the Journal avers, to attack the Bush administration’s push for war with Iraq. The Bush administration bears its own culpability, the Journal says, for not “confront[ing] Mr. Wilson’s lies head on” and instead becoming “defensive,” allowing “a trivial matter to become a threat to the administration itself.” The White House should not have allowed then-Attorney General John Ashcroft to recuse himself from the investigation (see December 30, 2003) and let the Justice Department appoint Fitzgerald to investigate the leaks. “Mr. Libby got caught in the eddy not because he was dishonest but because he was a rare official who actually had the temerity to defend the president’s Iraq policy against Mr. Wilson’s lies.” The Journal also criticizes “most of our brethren” in the media for “celebrating the conviction… because it damaged the Bush administration they loathe.” It concludes by asserting, “The time for a pardon is now.” [Wall Street Journal, 3/7/2007]

Entity Tags: US Department of Justice, Bush administration (43), George W. Bush, John Ashcroft, Joseph C. Wilson, Wall Street Journal, Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

A federal court of appeals overturns the conviction of former Wisconsin government official Georgia Thompson, who was convicted of two felony counts of manipulating a state bidding process to favor a Wisconsin travel agency whose executives had made campaign donations to Governor Jim Doyle (D-WI—see June 13, 2006). The Seventh Circuit Court of Appeals vacates the conviction and orders Thompson released from jail (see September 22, 2006) immediately. US Attorney Steven Biskupic, who prosecuted Thompson, says he will most likely not appeal the decision. The three-judge panel finds Thompson was wrongfully convicted after oral arguments were presented by both Biskupic’s office and Thompson’s attorney, not waiting for written submissions. Judge Diane T. Wood called the evidence submitted by Biskupic “beyond thin,” telling prosecutors: “I have to say, in comparison to some of the cases this court has seen, that’s a pretty thin set of facts to show some sort of tight political relationship. Am I missing something?” Judge William Bauer wondered why others were not prosecuted, asking why, if prosecutors felt Doyle and others were complicit in the alleged crimes, only Thompson was left to “carr[y] the sack.” Chief Judge Frank Easterbrook noted Adelman Travel had the lowest bid and assailed math used to score competing bids. “Because they flunked high school math doesn’t mean a felony was committed,” he said. Doyle, a former state attorney general, says the court did an “extraordinary thing” by entering an order finding Thompson innocent and ordering her immediate release. Decisions like this usually take weeks or months to be rendered. Doyle says Thompson did nothing wrong, calls her “an innocent woman who was used as a political football,” and says she deserves her job back and to be awarded back pay. “She was doing her job, and then she got caught up in all of this,” he says. Doyle defeated gubernatorial challenger Mark Green (R-WI) in the November 2006 elections; Green attempted to make the Thompson “Travelgate” affair a centerpiece of his campaign, and repeatedly accused Doyle and his administration of corruption. Thompson’s attorney, Stephen Hurley, argued in oral presentations that Thompson did not personally profit from the contract going to Adelman Travel, contending that her actions did not constitute “dishonest gain,” a criteria many courts have applied to corruption cases. Hurley says that as a result of her conviction, she lost “her job, her life savings, her home, and her liberty; and it cost Georgia her good name.… At sentencing, the government urged a longer period of incarceration because Georgia did not accept responsibility. Today, the government ought to accept responsibility for the consequences of its acts.” Wisconsin Republican Party director Mark Jefferson says Thompson’s exoneration means nothing, and the Doyle administration should still be investigated regarding the contract process. [Associated Press, 4/5/2007; Milwaukee Journal-Sentinel, 4/5/2007] Wisconsin lawyer Chris Van Wagner later says of the appeals court’s decision: “That is more than a legal ruling; it’s a slap in the face. This, no question about it, is a major affront to the government in many ways. Most significantly, it said you should have never brought this case.… Two or three cases out of 100 are vacated. This case wasn’t just vacated and sent back for a retrial, but rather the judges ordered an acquittal.” [Christopher T. Van Wagner, 4/2007] Law professor Michael O’Hear agrees that the decision is unusual. “If this was a finding of insufficient evidence, what they’re saying is it’s unjust that Georgia Thompson has been in prison the last few months,” he says. [Wisconsin State Journal, 4/6/2007]

Entity Tags: Frank Easterbrook, Diane T. Wood, Adelman Travel, William Bauer, Steven M. Biskupic, Stephen Hurley, Michael O’Hear, James E. (“Jim”) Doyle, Georgia Lee Thompson, Mark Jefferson, Chris Van Wagner, Mark Andrew Green

Timeline Tags: Civil Liberties

Critics say that the legal pursuit of former Wisconsin state purchasing official Georgia Thompson, whose conviction on corruption charges was overturned by a federal appeals court (see April 5, 2007), may have been politically motivated. State Representative David Travis (D-Westport) says Thompson was persecuted by US Attorney Steven Biskupic, a Bush administration appointee. “I think it’s right out of the Karl Rove playbook,” he says, referring to White House political chief Karl Rove. “I never thought I’d see a prosecution like this. That woman is innocent. He’s ruined her life.” Republicans used Thompson’s prosecution and conviction (see June 13, 2006) as a centerpiece of their attempt to thwart the re-election attempts of Governor Jim Doyle (D-WI), who survived a 2006 challenge by Mark Green (R-WI), who accused Doyle of corruption throughout the campaign. Representative Tammy Baldwin (D-WI) calls on Congress to investigate the prosecution, saying the prosecution ties into Congress’s investigation into the firing of eight US Attorneys (see December 7, 2006 and December 20, 2006). “Congress should also look into whether partisan politics influenced, or even dictated, the investigations conducted by the US Attorneys’ offices in order to stay in the [Bush] administration’s good graces,” Baldwin says. “The 7th Circuit acquittal of Georgia Thompson, after a widely publicized pre-election prosecution, certainly raises serious questions about the integrity and motivation of the prosecutor.” Senator Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, asks Attorney General Alberto Gonzales to turn over all of the Justice Department’s records in the Georgia Thompson case to the committee, “including any communications between the Justice Department, the White House, and any other outside party, including party officials.” Leahy, joined by Wisconsin’s two senators Herb Kohl (D-WI) and Russell Feingold (D-WI), also asks Gonzales to turn over records related to voter fraud investigations in Wisconsin (see Early 2005) and any records pertaining to Biskupic’s possible firing. Wisconsin Democrats have long considered Thompson’s prosecution an attempt to besmirch Doyle before the 2006 election, and have accused Biskupic of mounting a politically motivated pursuit of an innocent government official. [Milwaukee Journal-Sentinel, 4/7/2007; Associated Press, 4/10/2007; Associated Press, 4/10/2007] Feingold says in a statement that Thompson was the victim of a “miscarriage of justice,” and adds, “In light of ongoing concerns about the politicization of US Attorneys’ offices around the country, I am seeking further information from the Department of Justice on how this case and voter fraud cases after the 2004 election came about and whether there was improper political pressure to pursue them.” [Federal Document Clearing House, 4/10/2007]
Denials of Political Motivations - Biskupic’s First Assistant US Attorney (FAUSA) Michelle Jacobs says that the prosecution of Thompson was not politically motivated, and the office received no contact from the White House or the Justice Department. “They acted on the evidence as they found it, convinced a jury of 12 that there was criminal conduct, convinced a judge who has been sitting on a state and federal bench for 33 years that the verdict was sound,” Jacobs says. “But we just did not convince the court of appeals, and we’ll respect the court of appeals decision.” Andy Gussert, president of the state employees union AFT-Wisconsin, says Congress should look into the Thompson case because servants should “not become political footballs to be kicked around.” He adds: “This prosecution raises additional questions that resonate with concerns about the recent firings of US Attorneys. If people are to have faith in our judicial system, those questions will need answers.” Former State Attorney General Peg Lautenschlager, who was involved in the Thompson investigation, says the investigation was not politically motivated. Lautenschlager is a Democrat, but is considered a political enemy of Doyle’s.
Thompson Nearly Destitute - Thompson’s lawyer, Stephen Hurley, says Thompson has been left almost entirely penniless by the case. She lost her $77,300-a-year state job, about $60,000 in back wages, and owes somewhere between $250,000 and $400,000 in legal fees. She was forced to cash in her state pension and sell her $264,700 condominium, which she had paid off entirely. Travis says the federal government should pay her lost wages and legal costs, and compensate her for her time in prison. State officials say they are prepared to offer Thompson her old job or a similar position at the same salary, and are investigating whether they can reimburse her back wages and pay her legal bills. Thompson says she does not want her old job back, but would like another job in the same division. She is very concerned with staying out of the public spotlight. [Milwaukee Journal-Sentinel, 4/7/2007; Associated Press, 4/10/2007]
Biskupic Considered for Firing - Unbeknownst to Congress or the press, Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of people to be fired. Biskupic himself will soon claim that he did not prosecute Thompson for political purposes (see April 14, 2007).

Entity Tags: David Travis, Andy Gussert, Tammy Baldwin, US Department of Justice, Bush administration (43), Alberto R. Gonzales, Stephen Hurley, Russell D. Feingold, Steven M. Biskupic, Patrick J. Leahy, Herbert Kohl, Georgia Lee Thompson, James E. (“Jim”) Doyle, Michelle Jacobs, Karl C. Rove, Peg Lautenschlager, Mark Andrew Green

Timeline Tags: Civil Liberties

An editorial by Adam Cohen in the New York Times concurs that Wisconsin state employee Georgia Thompson was the victim of a politically motivated prosecution. Thompson’s conviction on corruption charges was recently overturned (see April 5, 2007), and critics are now alleging that state Republicans used the Thompson case to help defeat incumbent Governor Jim Doyle (D-WI), who defeated a Republican challenger in November 2006 (see April 7-10, 2007). “The entire affair is raising serious questions about why a United States Attorney put an innocent woman in jail,” Cohen writes. Cohen implies that US Attorney Steven Biskupic of Wisconsin may have pursued the Thompson allegations in order to avoid being fired in the 2006 US Attorney purge (see December 7, 2006 and December 20, 2006). “Members of Congress should ask whether it was by coincidence or design that [Biskupic] turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race,” he writes. The appeals court that overturned Thompson’s conviction was “shocked,” Cohen writes, at the lack of evidence against Thompson. Moreover, Biskupic, the US Attorney for Eastern Wisconsin, took over the case even though it originated in Madison, in the Western District. And he spoke to reporters about the investigation, in apparent defiance of Justice Department guidelines saying federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. Cohen says the scheduling of the prosecution “worked out perfectly for the Republican candidate for governor. Mr. Biskupic announced Ms. Thompson’s indictment in January 2006. She went to trial that summer, and was sentenced in late September, weeks before the election.” While Biskupic has denied that the timing of the prosecution was “tied to the political calendar,” it was, says Wisconsin Democratic Party chair Joe Wineke, “the No. 1 issue” in the governor’s race. Cohen then writes: “Most of the eight dismissed prosecutors came from swing states, and Democrats suspect they may have been purged to make room for prosecutors who would help Republicans win close elections. If so, it might also mean that United States Attorneys in all swing states were under unusual pressure. Wisconsin may be the closest swing state of all.” President Bush lost Wisconsin by a vanishingly small margin of 12,000 votes in 2004, and by an even narrower margin in 2000. Wisconsin politicians say that Karl Rove, the White House’s political chief, told them Wisconsin was his highest priority, because he believed that having a Republican win the 2006 gubernatorial race would help Republicans win in the 2008 presidential election. Cohen concludes by pointing out the irony of one element of the prosecution: Biskupic charged that Thompson committed the alleged crime to obtain “political advantage for her superiors” and to improve her own “job security.” Cohen writes, “Those motivations, of course, may well describe why Mr. Biskupic prosecuted Ms. Thompson. [New York Times, 4/16/2007]
Biskupic Considered for Firing - Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of attorneys under consideration for removal.

Entity Tags: James E. (“Jim”) Doyle, Adam Cohen, Georgia Lee Thompson, Karl C. Rove, Steven M. Biskupic, Joe Wineke, George W. Bush

Timeline Tags: Civil Liberties

US Justice Department official Craig Donsanto, the director of the election crimes branch, sends an email to a colleague expressing his incredulity that the US Attorney for Eastern Wisconsin, Steven Biskupic, brought a case against Wisconsin procurement official Georgia Thompson. Thompson was released in April by an appeals court which overturned her conviction and found that Biskupic’s prosecution was based on extraordinarily sketchy evidence (see April 5, 2007). Many critics now believe that the case was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). “Bad facts make bad law. How in heck did this case get brought?” Donsanto writes in an email to Justice Department official Raymond Hulser. The press will not report on Donsanto’s consternation until September 2007, when it will be turned over to the House Judiciary Committee, involved in an investigation of the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Committee chairman John Conyers (D-MI) will say in a statement: “This email demonstrates that even Justice Department insiders thought the Thompson case was seriously flawed. This only underscores the need for further investigation into the administration’s alleged role in politicizing prosecutions.” Biskupic was once named on a list of US Attorneys to be fired (see March 2, 2005), but was later removed from the list. Attorney General Alberto Gonzales will later testify that he does not know why Biskupic was considered for removal or why he was taken off the list. [Associated Press, 9/6/2007]

Entity Tags: John Conyers, Alberto R. Gonzales, Craig Donsanto, House Judiciary Committee, Raymond Hulser, US Department of Justice, Georgia Lee Thompson, Steven M. Biskupic

Timeline Tags: Civil Liberties

Former Wisconsin procurement officer Georgia Thompson, wrongly convicted of corruption in 2006 (see 2001 and June 13, 2006) and freed by an appeals court in 2007 (see April 5, 2007) amid speculation that her prosecution was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007), was pressured by federal prosecutors to turn on high-ranking Democrats in Wisconsin state government, according to officials involved in the case. In return, prosecutors promised leniency or dropping the charges in their entirety. Her lawyer, Stephen Hurley, says prosecutors wanted her to testify against Governor Jim Doyle (D-WI), the then-Department of Administration Secretary Marc Marotta, and other elected officials. The pressure came from US Attorney Steven Biskupic and others in his office, according to Hurley and co-counsel Marcus Berghahn. “I began to get the impression that the indictment was being used to squeeze her,” says Hurley, saying that these attempts continued even after Thompson’s sentencing (see September 22, 2006), with offers to seek a reduced sentence if Thompson produced evidence that Doyle or others in his administration had broken the law. Hurley, who has been a criminal defense attorney for over 30 years, says: “It was the only time in my career that, after the person was sentenced, the prosecutor has called to renew the discussion. I’ve never had that happen before.” Reporter Bill Lueders writes, “These offers, though not necessarily indicative of improper conduct, suggest that Biskupic and his staff prosecuted Thompson as part of a larger agenda, with potential political overtones.” Biskupic has denied any political motivations behind the prosecution (see April 14, 2007) and refuses to discuss any plea offers with Lueders. Former Dane County assistant district attorney John Burr, a past president of the Association of State Prosecutors, says of Biskupic’s plea offers: “You can’t tell me it was not politically motivated. The powers that be over there thought they were going to go all the way to the governor.” Biskupic’s office, says Burr, prosecuted Thompson to get to Doyle and others. And, “[w]hen they didn’t find anything, they were stuck with it. It blew up in their faces.” Republican gubernatorial candidate Mark Green (R-WI) used the Thompson prosecution as the centerpiece of his campaign against Doyle in the 2006 elections, accusing Doyle of running a corrupt administration. Doyle defeated Green in the election. Many have speculated that the case can be tied to the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006), with Biskupic pursuing the Thompson case to curry favor with the Bush administration and keep himself from being fired. Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of those being considered for firing. Biskupic insisted throughout the prosecution that the case was entirely about Thompson, and not about Doyle or other elected officials, but in his closing arguments, he cited Doyle, Marotta, and others as “players” in the affair, saying: “She’s the link. She’s the one who made this happen. What a terrible coincidence for her that she is in the middle of all this.” One juror later said that “nobody in the jury room had any doubt whatsoever” that Doyle and others were involved, though there is no evidence to support such a conclusion. Former US Attorney Frank Tuerkheimer says there is nothing untoward or unusual about Biskupic trying to “flip” Thompson to get information about higher-ups. “In principle, there is nothing wrong with it,” he says. “There’s no question in my mind that Biskupic was after Thompson to get higher-ups.” The problem was, Tuerkheimer adds, that “Biskupic had a theory of criminality that was ridiculous”—that Thompson was acting at others’ behest. “It just bothers you ‘cause the woman got screwed.” Tuerkheimer notes that Biskupic had Thompson jailed pending her appeal, which was unusual for such a case. She had no criminal history, was not a flight risk, and had a legitimate case for appeal. Most people in her position would have been allowed to stay out of jail pending the appeal. Why did Biskupic insist on having her jailed? Tuerkheimer replies, “It appeared to me that they were trying to pressure her to talk.” [Madison Isthmus, 5/18/2007] Doyle says he is alarmed by the reports that Biskupic and others tried to pressure Thompson into testifying against members of his administration. “The story is pretty alarming, particularly given that she had testified under oath that nobody had ever asked her to do anything inappropriately,” Doyle says. “Even after… testifying under oath they were still trying to get her to give information that just wasn’t true.” Doyle refuses to say directly that the prosecution was politically motivated, but asks rhetorically, “Does anybody really think that Georgia Thompson, if it hadn’t been an election year, that this would have ever happened to her?” Biskupic’s chief assistant Michelle Jacobs denies that the prosecution had any political components to it, saying: “We would never, and have never, encouraged a defendant to lie to us. To suggest that it is somehow untoward or unusual to approach a post-trial defendant, even a defendant who has testified, about cooperating with us, it’s just not unusual.” [Associated Press, 5/18/2007]

Entity Tags: James E. (“Jim”) Doyle, Bush administration (43), Bill Lueders, Georgia Lee Thompson, Steven M. Biskupic, Mark Andrew Green, Michelle Jacobs, Marc Marotta, John Burr, Frank Tuerkheimer, Stephen Hurley, Marcus Berghahn

Timeline Tags: Civil Liberties

Washington Post columnist Richard Cohen, described by observers as a moderate liberal, castigates US Attorney Patrick Fitzgerald and the government lawyers who successfully prosecuted former White House senior aide Lewis (“Scooter”) Libby (see October 28, 2005 and March 6, 2007). Unlike some of his more conservative colleagues (see October 29, 2005, October 31, 2005, November 4, 2005, November 17, 2005, November 18, 2005, December 8, 2005, April 9, 2006, April 17, 2006, July 12, 2006, Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 7, 2006, October 16, 2006, January 17, 2007, February 16, 2007, February 16, 2007, February 27, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007), Cohen does not plainly state that Libby is innocent of any crime. Rather, Cohen accuses Fitzgerald of doing the work of the “liberal press (especially the New York Times)” and “opponents of the Iraq war” in “mak[ing] a mountain out of a molehill.” The outing of clandestine CIA agent Valerie Plame Wilson (see July 14, 2003 and July 12, 2006) was nothing more than a “run-of-the-mill leak,” he writes. Moreover, he writes, Fitzgerald “wound up prosecuting not the leaker—Richard Armitage of the State Department (see June 13, 2003)—but Libby, convicted in the end of lying. Cohen justifies his claim by writing: “This is not an entirely trivial matter since government officials should not lie to grand juries, but neither should they be called to account for practicing the dark art of politics. As with sex or real estate, it is often best to keep the lights off.” Cohen goes on to call the Libby investigation “a train wreck—mile after mile of shame, infamy, embarrassment, and occasional farce.” He accuses Fitzgerald of using the power of his office to unjustly compel journalists to testify to their own knowledge and complicity in Libby’s leak. The Iraq war opponents “cheered” Fitzgerald on, Cohen writes, and goes on to say that those opponents “thought—if ‘thought’ can be used in this context—that if the thread was pulled on who had leaked the identity of Valerie Plame to Robert D. Novak, the effort to snooker an entire nation into war would unravel and this would show… who knows? Something. For some odd reason, the same people who were so appalled about government snooping, the USA Patriot Act, and other such threats to civil liberties cheered as the special prosecutor weed-whacked the press, jailed a reporter, and now will send a previously obscure government official to prison for 30 months.” Had the Iraq war only claimed 300 American lives and ended with a clear victory, Cohen writes, no one would have called for any such investigation. As it stands, he continues, the anti-war left and the “liberal press” demanded “scalps” and was given Libby’s. “Accountability is one thing,” Cohen writes. “By all means, let Congress investigate and conduct oversight hearings with relish and abandon. But a prosecution is a different matter. It entails the government at its most coercive—a power so immense and sometimes so secretive that it poses much more of a threat to civil liberties, including freedom of the press, than anything in the interstices of the scary Patriot Act.” He concludes by calling on President Bush to commute Libby’s sentence. [Washington Post, 6/19/2007; Salon, 6/19/2007] Cohen has previously asked that the prosecution of Libby be terminated (see October 13, 2005), called Libby’s prosecution “silly,” and misrepresented the facts behind the prosecution (see January 30, 2007). Author, columnist, and former civil liberties lawyer Glenn Greenwald, writing a response to Cohen’s column for his blog in the Internet news publication Salon, savages Cohen by mockingly “praising” Cohen’s column as perfectly “capturing the essence of our Beltway media.” Cohen’s exhortation to allow politics to be practiced with “the lights off” is, Greenwald asserts, “the central belief of our Beltway press.… If that isn’t the perfect motto for our bold, intrepid, hard-nosed political press, then nothing is.” Greenwald notes what he calls the “multiple falsehoods” of Cohen’s argument—the appointment of Fitzgerald to investigate the leak that outed Plame Wilson was not a result of pressure from the “liberal press” or what Cohen calls the “sanctimon[ious]” anti-war left, unless the CIA and the Justice Department are left-wing organizations (see July 30, 2003, Before September 16, 2003 and December 30, 2003). Greenwald writes that the core of Cohen’s apparent horror and indignation at the pursuit of the Plame Wilson leak is that his colleagues in the media were investigated and in one instance jailed (see July 6, 2005). “As any prosecutor knows—and Martha Stewart can attest—white-collar types tend to have a morbid fear of jail,” Greenwald quotes Cohen as writing. Greenwald responds: “Indeed, it is so terribly unfair to investigate powerful government officials because, as ‘white-collar types,’ they have a ‘morbid fear of jail’—in contrast, of course, to blue-collar types, and darker ones still, who really do not mind prison at all. Why would they? It’s their natural habitat, where they belong. That is what prison is for. That has been the real point here all along. The real injustice is that prison is simply not the place for the most powerful and entrenched members of the Beltway royal court, no matter how many crimes they commit. There is a grave indignity to watching our brave Republican elite be dragged before such lowly venues as a criminal court and be threatened with prison, as though they are common criminals or something. How disruptive and disrespectful and demeaning it all is.” Greenwald says that the “most valuable lesson of Cohen’s column… is that the overriding allegiance of our permanent Beltway ruling class is to the royal court which accords them their status and prestige. That overarching allegiance overrides, easily, any supposed partisan, ideological or other allegiances which, in their assigned roles, they are ostensibly defending.” Were the Beltway press to actually investigate and pursue stories instead of “snuggling” with their “friends” in government, it would expose corruption and foster justice, instead of encouraging corruption and fostering injustice. Greenwald concludes: “Our media stars have not merely stood idly by while our highest government officials engage in endless deceit and corruption. They actively defend it, enable it, justify it, and participate in it. Keeping the lights off is their principal function, one which—with rare and noble exceptions—they perform quite eagerly.” [Salon, 6/19/2007]

Entity Tags: Lewis (“Scooter”) Libby, Richard Armitage, New York Times, Richard Cohen, Glenn Greenwald, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The Justice Department is investigating four cases of alleged selective prosecution, including the prosecution and overturned conviction of Wisconsin government official Georgia Thompson by former US Attorney Steven Biskupic (see April 5, 2007). The department’s Office of Professional Responsibility (OPR) informs the House Judiciary Committee of the investigations, in a letter signed by OPR chief H. Marshall Jarrett. Since Thompson’s conviction was overturned over a year ago, her prosecution has been widely criticized as giving the appearance of being politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). Committee members John Conyers (D-MI), Tammy Baldwin (D-WI), and Linda Sanchez (D-CA) are spearheading the committee’s probe into the Thompson prosecution. Many suspect that Biskupic prosecuted Thompson in order to avoid being fired in the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Biskupic has denied knowing he was being considered for termination before he opened his prosecution of Thompson (see March 2, 2005), though he has also admitted to learning about being on the “purge” list after the fact (see April 14, 2007). After he opened that investigation, his name disappeared from the list. [WisPolitics Courtwatch Blog, 5/23/2008; Capital Times, 5/29/2008]

Entity Tags: Office of Professional Responsibility, Georgia Lee Thompson, H. Marshall Jarrett, Linda Sanchez, Tammy Baldwin, John Conyers, US Department of Justice, Steven M. Biskupic

Timeline Tags: Civil Liberties

The House Judiciary Committee releases a May 5 letter written to Chairman John Conyers (D-MI) by the Justice Department’s Office of Professional Responsibility (OPR—see May 5, 2008). The letter advises Conyers that OPR is investigating “allegations of selective prosecution relating to the prosecutions of Don Siegelman, Georgia Thompson, and Oliver Diaz and Paul Minor.” The House and Senate Judiciary Committees are investigating widespread allegations of politically-driven prosecutions by the Justice Department under the Bush administration. Former Governor Don Siegelman (D-AL) is facing bribery charges. Georgia Thompson is a former Wisconsin state employee convicted of corruption by US Attorney Steven Biskupic (see April 14, 2007), but who was set free after an appeals court found the case against her irreparably flawed. Diaz, a former Mississippi State Supreme Court justice, and Minor, a Mississippi lawyer, were both prosecuted by US Attorney Dunn Lampton, and the cases for both are being investigated by the House Judiciary Committee as being possibly driven by partisan political interests. [TPM Muckraker, 2/25/2008; TPM Muckraker, 5/22/2008; Talking Points Memo, 2011]

Entity Tags: John Conyers, Bush administration (43), Don E. Siegelman, House Judiciary Committee, Senate Judiciary Committee, Steven M. Biskupic, Oliver Diaz, Paul Minor, Dunn O. Lampton

Timeline Tags: Civil Liberties

An internal Justice Department (DOJ) audit by the department’s Office of Professional Responsibility (OPR) that found the department’s hiring practices were politically motivated in some instances has led critics to renew charges that DOJ officials, including US Attorneys, may have brought groundless charges against Democrats in order to affect elections. The audit, the results of which were recently made public, found that Bush administration officials implemented a policy in 2002 to screen out applicants with liberal or Democratic affiliations. The audit found that such disqualifications “constituted misconduct and also violated the department’s policies and civil service law that prohibit discrimination in hiring based on political or ideological affiliation.” Former Governor Don Siegelman (D-AL), convicted of bribery charges that he has said were politically motivated, says, “[The audit] validates and verifies what we all knew was taking place, and that is that under [the Bush administration] the Justice Department has been politicized and used as a political tool.” The OPR is investigating several cases, including Siegelman’s, along with charges filed against Mississippi Supreme Court Justice Oliver Diaz Jr. and Wisconsin state procurement official Georgia Thompson (see May 5, 2008 and May 22, 2008). Federal prosecutors have denied the cases were filed for any political reasons, prompting House Judiciary Committee Chairman John Conyers (D-MI) to say, “The department’s bald denials that politics never affected the cases under investigation simply cannot be taken at face value.” Thompson’s attorney Stephen Hurley says: “What they’ve said is politics played a role in personnel decisions. The question is did it play any role in decisions to prosecute? The latter is a much more serious issue.” He says he is ready to speak with officials from OPR. “I’d be glad if somebody called me because I have facts they might want to know,” Hurley says. [Associated Press, 6/25/2008]

Entity Tags: Office of Professional Responsibility, Bush administration (43), Don E. Siegelman, John Conyers, Oliver Diaz, US Department of Justice, Georgia Lee Thompson, Stephen Hurley

Timeline Tags: Civil Liberties

Former US Attorney Steven Biskupic is cleared of any wrongdoing in his failed prosecution of Wisconsin government official Georgia Thompson. Since Thompson’s conviction was overturned in 2007 (see April 5, 2007), her prosecution has been widely criticized as giving the appearance of being politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). Biskupic left his position in 2008 and is now in private practice at a Milwaukee law firm. In 2008, the Justice Department’s Office of Professional Responsibility (OPR) was investigating Biskupic and his prosecution of Thompson (see May 5, 2008). OPR reports that it “found no evidence that Mr. Biskupic was ever told his job was in jeopardy and no evidence that department personnel involved in the decision to remove certain United States Attorneys knew anything about the Thompson investigation.” The information is given to the House Judiciary Committee by Assistant Attorney General Ronald Welch. The committee had requested the investigation into Biskupic. “OPR also found that Mr. Biskupic took special measures to ensure that politics did not play a role in the case by enlisting the support and assistance of state officials who were Democrats, including using state investigative resources,” Welch adds. “Accordingly, OPR concluded that Mr. Biskupic did not breach any professional obligation in this matter, but rather, acted appropriately under the circumstances.” Biskupic says: “I’ll let the letter speak for itself.… I spent almost 20 years in the department. I remain proud of the work I did under multiple administrations.” [Wall Street Journal, 5/28/2010; Milwaukee Journal-Sentinel, 5/28/2010] After the OPR releases its findings, the Milwaukee Journal-Sentinel publishes an editorial praising the findings and saying that Biskupic’s integrity “should [never] have been in doubt.” [Milwaukee Journal-Sentinel, 6/1/2010]

Entity Tags: Georgia Lee Thompson, Steven M. Biskupic, Office of Professional Responsibility, Milwaukee Journal-Sentinel, Ronald Welch

Timeline Tags: Civil Liberties

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