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Conservative pundits and columnists launch a new barrage of attacks and accusations against former ambassador Joseph Wilson (see July 6, 2003) and his wife, outed CIA agent Valerie Plame Wilson (see July 14, 2003). The pundits use the recent revelation that former Deputy Secretary of State Richard Armitage was apparently the first administration official to leak Plame Wilson’s name to the press (see August 22, 2006 and September 7, 2006). They claim that the new information proves that there was never a conspiracy to “out” Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), but that her status as a covert CIA agent was revealed merely as a result of harmless gossip from Armitage, who is not considered a major part of the neoconservative axis of power within the White House. [Washington Post, 9/1/2006]
Blaming Armitage and the State Department - The Wall Street Journal blames Armitage for allowing the Plame Wilson identity leak investigation to go on while he remained mute, allowing “political opportunism and internal score-settling” to drive the investigation when it never should have taken off. “The White House, in short, was not engaged in any campaign to ‘out’ Ms. Plame [Wilson],” the editorial states. Since the prosecution of Lewis Libby for perjury and obstruction during the investigation is not likely to be dropped, the editorial concludes, President Bush should end it by pardoning Libby. [Wall Street Journal, 8/30/2006] The New York Sun also chastizes Armitage for standing silent “while the president’s critics sullied the good names of Messrs. Cheney, Libby, and Rove.” [National Review, 7/19/2004; New York Sun, 8/30/2006] A similar position is advocated by neoconservative John Podhoretz, writing for the New York Post, who also says that the Armitage revelation should result in special counsel Patrick Fitzgerald dropping all charges against Libby. [New York Post, 8/29/2006] Neoconservative Frank Gaffney, writing for the online political publication TownHall, accuses both Armitage and former Secretary of State Colin Powell, as well as other senior State Department officials, of being “disloyalists” who “wage[d] war” against the Bush administration “from behind enemy lines”—from his position in the State Department, essentially functioning as a saboteur for unnamed liberal interests, and to win ground the State Department lost in conflicts with the White House. Gaffney goes further, accusing other State Department officials of intentionally sabotaging US nuclear negotiation efforts with North Korea (see September 19-20, 2005 and July 15, 2006). He accuses Armitage of “destructive and disloyal behavior” and “appeasement” towards North Korea and other US opponents. [Town Hall (.com), 9/5/2006] San Francisco Chronicle writer Debra Saunders calls the entire affair nothing more than “gossip,” and notes that an admission by White House deputy chief of staff Karl Rove that he confirmed Plame Wilson’s identity (see July 10, 2005 and October 14, 2005) is virtually meaningless. The only “abuse of power” that has come to light during the investigation, Saunders opines, is the investigation itself. [Minneapolis Star-Tribune, 9/6/2006]
Libby 'Exonerated' by Armitage Admission - The New Hampshire Union Leader calls the investigation a “non-issue” promulgated by “conspiracy nuts” now proven wrong by the Armitage admission. [New Hampshire Union Leader, 8/30/2006] Syndicated columnist Linda Chavez says the “exculpatory” Armitage revelation exonerates Libby, and calls his prosecution “malicious” and unwarranted. [Creators Syndicate, 8/30/2006]
Wilson, 'Leftists' to Blame - Slate’s Christopher Hitchens goes further, attacking the “Joseph Wilson fantasy” that Iraq had not attempted to buy uranium from Niger (see March 4-5, 2002, (March 6, 2002) and March 8, 2002), calling the idea that the White House deliberately attempted to smear Wilson’s character a “paranoid fantasy” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and concluding that the entire Plame Wilson imbroglio was the result of a “venom[ous] interdepartmental rivalry” between Armitage’s State Department and the White House, blown entirely out of proportion by liberal critics of the Bush administration. [Slate, 8/29/2006] A National Review editorial blames the New York Times editorial board and “shrieking” “leftist adversaries” of the Bush administration for the investigation, and, like Chavez and others, calls for the immediate end of the Libby prosecution. [National Review, 8/30/2006] The Weekly Standard’s Fred Barnes compiles a “rogues list” of “the Plamegate Hall of Shame,” including Armitage, his former boss Colin Powell, Patrick Fitzgerald, the Justice Department, Joseph Wilson, and the media. “So instead of Cheney or Rove or Libby,” Barnes writes, “the perennial targets of media wrath, the Plamegate Hall of Shame consists of favorites of the Washington elite and the mainstream press.” And like the others, Barnes calls on Fitzgerald to immediately terminate his investigation as well as his prosecution of Libby. [Weekly Standard, 9/2/2006] And the Washington Times’s editor in chief Wesley Pruden rounds off the attacks, rather ghoulishly predicting that the next time Plame Wilson will be mentioned in the press is when “a nice obituary in the Washington and New York newspapers and a few lines of a telegraph dispatch on a page with the truss ads in Topeka” is printed. He calls Plame Wilson, who headed the CIA’s Joint Task Force on Iraq (see April 2001 and After), “the queen of the clipping scissors and pastepots at the CIA” (see September 29, 2003), and calls the leak investigation a “fraud.” [Washington Times, 9/5/2006]
Picked Up by Mainstream Media - Many in the mainstream media echo the new line of attack, with the Washington Post’s editorial board joining the other editorials and columnists in demanding that the Libby prosecution be immediately terminated. Echoing a Wall Street Journal guest editorial from almost a year before (see November 3, 2005), the Post editorial claims that because Plame Wilson’s husband, former ambassador Joseph Wilson, went public with his knowledge of the Bush administration’s false claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003), he is ultimately responsible for outing his wife. The Post writes: “Mr. Wilson chose to go public with an explosive charge, claiming—falsely, as it turned out—that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.” The allegation that Wilson had “falsely… debunked reports of Iraqi uranium-shopping in Niger” is itself false, as Wilson’s report further proved that no such deals ever took place (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). [Washington Post, 9/1/2006] The New York Times’s conservative columnist, David Brooks, joins in the attacks, calling the exposure of Plame Wilson a “piffle” (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) blown out of proportion by a group of Congressional Democrats and the 2004 presidential campaign of John Kerry. Like the others, he blames Armitage for “keep[ing] quiet while your comrades are being put through the ringer [sic].” [New York Times, 8/31/2006] Days later, the Post’s David Broder writes that Karl Rove, one of the White House officials who outed Plame (see July 8, 2003 and 11:00 a.m. July 11, 2003), had been treated badly by reporters and pundits, and deserved a round of apologies. [Washington Post, 9/7/2006]
'Marvel of Wingnut Logic' - Author Jane Hamsher, writing for the progressive blog FireDogLake, hammers the Post editorial and its presumed author, op-ed editor Fred Hiatt, writing with some apparent outrage: “[T]o argue that somehow this [Armitage] leak—which played no part in the concerted administration effort to bully, intimidate, and punish Joe Wilson—should somehow excuse Scooter Libby and Karl Rove’s subsequent actions is a true marvel of wingnut logic. Incredibly it is somehow okay to rob the liquor store, shoot the owner, rape the cashier, and spatter the walls with blood because someone else was caught shoplifting there the week before. It is the Sistine Chapel of bad faith editorials.” [Jane Hamsher, 9/1/2006]
Comparisons to Soviet Propaganda - Plame Wilson herself is “furious” at reading the Post editorial and other, similar writings. In her 2007 book Fair Game, she will write, “I suddenly understood what it must have felt like to live in the Soviet Union and have only the state propaganda entity, Pravda, as the source of news about the world.” Plame Wilson calls the allegations that her husband is responsible for outing her “flatly untrue,” and shows the writers’ “ignorance about how our clandestine service functions.” She notes that the FBI had known of the Armitage leak since October 2003, and that since “the FBI didn’t shut down the investigation” this indicated “they had good reason to believe that Libby and Rove were lying to them.” [Wilson, 2007, pp. 257-260]

Entity Tags: Fred Hiatt, Washington Post, Wall Street Journal, Christopher Hitchens, Valerie Plame Wilson, Colin Powell, Frank Gaffney, Fred Barnes, Debra Saunders, David Brooks, David Broder, US Department of State, Wesley Pruden, New York Times, John Podhoretz, Richard Armitage, George W. Bush, Joseph C. Wilson, Karl C. Rove, Jane Hamsher, Linda Chavez, New York Sun, Lewis (“Scooter”) Libby, New Hampshire Union Leader, National Review

Timeline Tags: Niger Uranium and Plame Outing

The New York Post editorial board writes that, in light of recent revelations that former Secretary of State Richard Armitage leaked the name of Valerie Plame Wilson to reporters Bob Woodward and Robert Novak (see August 22, 2006, Late August-Early September, 2006, and Late August-Early September, 2006), the only remaining question is “how to do right by the principal victim of the farce—former vice presidential aide I. Lewis ‘Scooter’ Libby?” The Armitage revelation “completely unravels the notion that there was a broad institutional conspiracy” to expose the CIA identity of Plame Wilson, the Post states, and for three years Libby and the Bush administration have been victimized by “loony-left conspiracy-mongering.” The Post blames Armitage and his then-boss, former Secretary of State Colin Powell, for standing by while the outcry against the Plame Wilson leak developed. Even though “Libby shouldn’t have lied to investigators, as he is alleged to have done,” the Post says “the investigation should never have been launched in the first place. It was the product of wild charges from an embittered, partisan former official [Joseph Wilson—see July 6, 2003], combined with bad faith and lack of candor from the top two men at State.” The Post concludes with a call for President Bush to pardon Libby and “let the country put this sorry episode behind it.” [New York Post, 9/2/2006] A day later, the Boston Herald editorial board issues an almost identical call for a presidential pardon for Libby, and excoriates Armitage and Powell for their roles in the affair. [Boston Herald, 9/3/2006] Two days after the Herald publishes its editorial, the Los Angeles Times publishes an editorial which does not directly advocate a pardon for Libby, but calls the Plame Wilson identity leak investigation and the trial a “dark comedy of errors” that should have been ended “long ago.” [Los Angeles Times, 9/5/2006]

Entity Tags: New York Post, George W. Bush, Colin Powell, Bush administration (43), Boston Herald, Joseph C. Wilson, Los Angeles Times, Robert Novak, Valerie Plame Wilson, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Jonah Goldberg.Jonah Goldberg. [Source: MSNBC / MediaBistro (.com)]Conservative columnist Jonah Goldberg, writing for the National Review, compares former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003) to self-proclaimed child murderer John Mark Karr, who falsely confessed to raping and killing six-year-old JonBenét Ramsey. After writing that “Wilson is no more a would-be pedophile than Karr is a former diplomat,” Goldberg calls both men “attention-seeking liars who deliberately helped launch criminal investigations that should never have gone as far as they did” and the beneficiaries of “media feeding frenzies that wasted everybody’s time.” In some ways, Goldberg writes, Wilson is worse than Karr: at least when Karr lied to the press, he attempted to fix the blame for his supposed actions for himself. Wilson, on the other hand, was “a one-man sprinkler system of false accusations” against Bush administration officials such as the “falsely accused” Lewis Libby. Goldberg repeats false claims by Republican members of the Senate Intelligence Committee that Wilson’s discoveries in Niger actually bolstered administration claims of Iraqi attempts to buy Nigerien uranium (see July 9, 2004), and repeats discredited claims that Wilson’s wife, exposed CIA official Valerie Plame Wilson, sent him to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Goldberg calls Wilson “self-lionizing” and “vengeful,” and goes one step further than most of his fellow conservatives (see September 5, 2006), saying, “Indeed, there’s good reason to believe Wilson himself leaked the information that Plame was an undercover agent.” Goldberg advances no information to back this particular claim. Instead of doing its “rightful” job in challenging Wilson’s allegations from the outset, Goldberg writes, the “mob” of “liberal pundits” at the New York Times and other press outlets went “hog wild” in chasing the possibility of wrongdoing performed by Bush officials such as Libby and Karl Rove. [National Review, 9/5/2006]

Entity Tags: New York Times, John Mark Karr, Bush administration (43), JonBenét Ramsey, Karl C. Rove, Jonah Goldberg, Valerie Plame Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

David Corn, a Nation editor and co-author of the book Hubris with Newsweek reporter Michael Isikoff, reveals the nature of Valerie Plame Wilson’s status and duties as a CIA agent in his column. Isikoff and Corn have revealed similar information in their book; both accounts are based on interviews with confidential CIA sources. To answer the question of whether columnist Robert Novak broke the law when he “outed” Plame Wilson as a covert CIA official (see July 14, 2003) depends on whether Plame Wilson was, indeed, an undercover agent. Novak has called her “an analyst, not in covert operations” (see October 1, 2003). Conservative columnist Jonah Goldberg has called her a “desk jockey” whose CIA status was common knowledge within Washington (see September 30, 2003). A Republican congressman called her a “glorified secretary” (see September 29, 2003). White House officials have suggested that her employment was no real secret. But according to the research done by Isikoff and Corn, none of that is true. Corn writes: “Valerie Wilson was no analyst or paper-pusher. She was an operations officer working on a top priority of the Bush administration. [Richard] Armitage, [Karl] Rove, and [Lewis] Libby had revealed information about a CIA officer who had searched for proof of the president’s case. In doing so, they harmed her career and put at risk operations she had worked on and foreign agents and sources she had handled” (see July 21, 2003, September 27, 2003, October 22-24, 2003, and October 23-24, 2003)). The book also demonstrates that Plame Wilson did not send her husband, Joseph Wilson, on the now-famous trip to Niger as many Bush administration supporters have claimed (see February 21, 2002-March 4, 2002, February 19, 2002, and July 22, 2003). Isikoff and Corn have verified Plame Wilson’s status as a NOC, or “non-official cover” officer, the highest and most clandestine of the CIA’s field agents (see Fall 1992 - 1996). Her job as a NOC was to recruit agents and informants for the CIA in foreign countries. After her return to Washington, she joined the counterproliferation division’s Iraq desk (see 1997), and eventually headed the operations unit of the CIA’s Joint Task Force on Iraq (JTFI), the agency’s unit in learning about Iraq’s WMD programs (see 2002 and April 2001 and After)—which, Corn writes, was first launched months before the 9/11 attacks. Plame Wilson not only worked on JTFI duties in Washington, but in the Middle East, including a trip to Jordan to determine whether aluminum tubes purchased by Iraq were for conventional missiles or for nuclear centrifuges. When Novak blew her cover, she was preparing to change her clandestine status from NOC to official cover, with plans to eventually return to secret operations. As Corn observes, Novak and the White House officials who leaked the information of her CIA status to him (see September 28, 2003) destroyed her chances of continuing her career, jeopardized the foreign agents and sources she had worked with (see October 3, 2003), and hindered the nation’s ability to determine the truth behind the claims of Iraqi WMD. [Nation, 9/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, David Corn, Central Intelligence Agency, Bush administration (43), Joint Task Force on Iraq, Karl C. Rove, Jonah Goldberg, Richard Armitage, Michael Isikoff, Joseph C. Wilson, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a motion opposing the Libby defense team’s intention to call a “memory expert” to testify on Libby’s behalf (see July 31, 2006). Libby’s lawyers intend to argue that their client, indicted felon and former White House aide Lewis Libby, has a faulty memory (see January 31, 2006), and it was a series of memory lapses that caused him to make false statements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury (see March 5, 2004 and March 24, 2004) about his outing of CIA official Valerie Plame Wilson to 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). Fitzgerald opposes the testimony of UCLA professor Robert Bjork, not because of problems with Bjork’s expertise in the field of human memory, but because “the defendant cannot meet his burden as the proponent of the evidence of establishing that the testimony will assist the jury in understanding or determining any of the facts at issue in this case.… To the contrary, there are strong reasons to believe that the proffered testimony may confuse, mislead, and unduly influence the jury.” Juries are often asked to evaluate a defendant’s memory in the course of a criminal trial, and it is “unusual” to present such testimony in the furtherance of a criminal defense, Fitzgerald asserts. [US District Court for the District of Columbia, 9/7/2006 pdf file] In November, the judge will disallow Bjork’s testimony (see November 2, 2006).

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Robert Bjork

Timeline Tags: Niger Uranium and Plame Outing

A bipartisan Senate report finds that no credible evidence of any links between al-Qaeda and Saddam Hussein’s government ever existed, despite repeated and insistent claims by the White House and its allies (see Early 1995), March-June 1998, (2:40 p.m.) September 11, 2001, Shortly After September 11, 2001, September 18, 2001, September 19, 2001, September 21, 2001, October 27, 2001, 2002, February 6, 2002, March 22, 2002, July 25, 2002, September 12, 2002, September 15, 2002, September 25, 2002, October 1, 2002, October 2, 2002, October 7, 2002, October 7, 2002, December 2, 2002, Mid-January 2003, January 26, 2003, January 28, 2003, January 28, 2003, February 1, 2003-February 4, 2003, February 5, 2003, February 5, 2003, February 6, 2003, February 8, 2003, February 9, 2003, February 11 or 12, 2003, February 16, 2003, March 9, 2003, March 17, 2003, March 17-18, 2003, Shortly After April 9, 2003, July 9, 2003, September 7, 2003, September 14, 2003-September 17, 2003, September 28, 2003, December 17, 2003, January 8, 2004, January 9, 2004, Early June 2004, June 14, 2004, June 15, 2004, June 15, 2004, October 4, 2004, May 2005, October 2005, (2006), January 31, 2006, March 29, 2006, and September 10, 2006). Panel Democrats say that the White House knew the intelligence surrounding its claims of such links was flawed and unreliable.
Tenet Admitted to Giving in to Pressure - They note that in July former CIA Director George Tenet told the panel that the White House pressured him to support its arguments and that he agreed despite the findings of his own analysts. “Tenet admitted to the Intelligence Committee that the policymakers wanted him to ‘say something about not being inconsistent with what the president had said,’” says Intelligence Committee member Carl Levin (D-MI). Such compliance was, in hindsight, “the wrong thing to do,” Tenet added, according to Levin. “Well, it was much more than that,” Levin says. “It was a shocking abdication of a CIA director’s duty not to act as a shill for any administration or its policy.” Tenet also admitted that he erred in issuing a statement after President Bush’s October 7, 2002 speech saying that Bush’s claims were consistent with CIA findings (see October 7, 2002).
Republicans Say Report Just 'Election-Year Politicking' - Republican committee members insist that there is little new information about prewar intelligence or claims about Iraq’s links to terrorism. Ranking committee member Pat Roberts (R-KS) accuses Levin and other Democrats of trying to “use the committee… insisting that they were deliberately duped into supporting the overthrow of Saddam Hussein’s regime.… That is simply not true, and I believe the American people are smart enough to recognize election-year politicking when they see it.” Democrats retort that the report speaks for itself.
Impeachment Not Warranted - However, committee Democrats such as John Rockefeller (D-WV) say that the report does not prove any criminal behavior from Bush or his top officials, and say that impeachment of Bush or anyone else is not warranted.
Hussein Opposed to US Policies - An FBI summary quoted in the report shows Hussein acknowledging that his government had met with al-Qaeda leader Osama bin Laden, but denying any collusion. Hussein said he opposed only US policies, and added that “if he wanted to cooperate with the enemies of the US, he would have allied with North Korea or China,” according to the FBI summary.
Other Portions of Report - Other sections of the report find that no evidence existed to support claims that Iraq was reconstituting its nuclear program (see February 7, 2001, February 12, 2001, November 14, 2001, May 2002-September 2002, September 9, 2002, January 9, 2003, March 8, 2003, May 25, 2003, and May 30, 2003), had possessed biological weapons in 2003 (see 2002, 2002-March 2003, Mid-January 2002, March 22, 2002, August 2002, September 2002, September 24, 2002, December 2002, End of December 2002, January 9, 2003, and March 7, 2003), used the Salman Pak facility to train Islamist terrorists (see September 8, 2006), or that Iraqi officials met with 9/11 hijacker Mohamed Atta in the months before the 9/11 attacks (see September 8-10, 2006). The report also finds that the White House relied heavily on false intelligence from Ahmed Chalabi and the Iraqi National Congress (see After August 2, 1989, (1994), January 1996, November 6-8, 2001, Between February 12, 2002 and March 31, 2002, Between February 12, 2002 and March 31, 2002, Summer 2002, and June 26, 2002). [Senate Intelligence Committee, 9/8/2006 pdf file; Associated Press, 9/9/2006]

Entity Tags: Iraqi National Congress, Bush administration (43), Ahmed Chalabi, Carl Levin, George J. Tenet, Saddam Hussein, Central Intelligence Agency, Osama bin Laden, Pat Roberts, Senate Intelligence Committee, John D. Rockefeller, Mohamed Atta

Timeline Tags: Iraq under US Occupation

Progressive columnist Joe Conason questions the ability of many mainstream reporters and government observers to understand the underlying reality behind the Plame Wilson identity leak. He writes that “[t]he latest developments in the case… proved once more that the simplest analysis of facts is beyond the grasp of many of America’s most celebrated journalists.” The recently published book Hubris, by Michael Isikoff and David Corn, reveals that the then-Deputy Secretary of State, Richard Armitage, was apparently the first White House official to reveal the CIA status of Valerie Plame Wilson to a reporter (see June 13, 2003 and July 8, 2003). Unlike two other White House leakers, Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003) and Lewis Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Armitage was not sold on the idea of the Iraq invasion. Because of these facts, Conason writes, many journalists and observers have decided that Rove and Libby are both “guiltless” of any criminal or underhanded conduct, “that there was no White House effort to expose Ms. Wilson, and that the entire leak investigation was a partisan witch hunt and perhaps an abuse of discretion by the special counsel, Patrick Fitzgerald (see February 6, 2007). The same pundits now proclaim that Mr. Armitage’s minor role somehow proves the White House didn’t seek to punish Valerie Wilson and her husband, former ambassador Joe Wilson, for his decision to publicly debunk the presidential misuse of dubious intelligence from Niger concerning Iraq’s alleged attempts to purchase yellowcake uranium.” Conason writes that to draw such conclusions is simple-minded. “It’s a simple concept—two people or more can commit a similar act for entirely different reasons—but evidently it has flummoxed the great minds of contemporary journalism.” Armitage let Plame Wilson’s identity slip in what was apparently a gossip session. Rove and Libby, on the other hand, “sought to undermine Joe Wilson’s credibility—and perhaps to victimize him and his wife—by planting information about Valerie Wilson with two reporters.” Fitzgerald understands the difference in motivation between Armitage and Rove/Libby, Conason writes, but many journalists seem not to understand that difference. “It is a simple matter,” Conason concludes, “and yet still too challenging for the national press to understand.” [New York Observer, 9/10/2006]

Entity Tags: Karl C. Rove, Joe Conason, Valerie Plame Wilson, Richard Armitage, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson three years ago (see July 14, 2003) after receiving the information about her from, among other sources, then-Deputy Secretary of State Richard Armitage (see July 8, 2003), writes of the Armitage leak. Novak writes that he feels free to discuss it publicly now that Armitage has publicly admitted to being one of Novak’s sources (see September 7, 2006).
Accusation of Misrepresentation - Novak says Armitage misrepresented the nature of their conversation, and wants “to set the record straight based on firsthand knowledge.” Armitage was not passing along information that he “thought” might be the case, Novak writes. “Rather, he identified to me the CIA division where Mrs. Wilson worked [counterproliferation], and said flatly that she recommended the mission to Niger by her husband, former Amb[assador] Joseph Wilson. Second, Armitage did not slip me this information as idle chitchat, as he now suggests. He made clear he considered it especially suited for my column.”
Armitage Leak Discredits 'Left-Wing Fantasy' of White House Smear Campaign - Novak then says that Armitage’s identity as one of the Plame Wilson leakers discredits the “left-wing fantasy of a well-crafted White House conspiracy to destroy Joe and Valerie Wilson” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). Armitage was a long-time skeptic of the Iraq invasion, as was Wilson, and Novak himself writes that he “long had opposed military intervention in Iraq.” After his July 2003 column, “[z]ealous foes of George W. Bush transformed me improbably into the president’s lapdog.… The news that [Armitage] and not Karl Rove was the leaker was devastating news for the Left.” Novak is apparently not admitting that Rove was a primary source for the Plame Wilson column (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Novak also writes that he finds it difficult to believe Armitage’s claim that he only realized he was Novak’s source for the leak after reading Novak’s October 1, 2003 column (see October 1, 2003). He calls Armitage’s disclosure “tardy” and “tainted,” since in Novak’s view, Armitage’s silence “enabled partisan Democrats in Congress to falsely accuse Rove of being my primary source.” [Chicago Sun-Times, 9/14/2006]
Author: Novak Changed Story for Fourth Time - Progressive author and blogger Marcy Wheeler accuses Novak of “changing his story for the fourth time” (see July 12, 2006) in his recounting of the Armitage episode. In his original column (based in part on Armitage’s confirmation—see July 8, 2003 and July 14, 2003), Novak called Valerie Plame Wilson “an agency operative on weapons of mass destruction,” and credited that information to an unnamed CIA source (later revealed to be CIA spokesman Bill Harlow—see (July 11, 2003) and Before July 14, 2003). In an October 2003 column (see October 1, 2003), Novak named “a senior administration official”—Armitage—as his source for Plame Wilson’s status as an employee of the CIA’s counterproliferation division, which works on WMD (see April 2001 and After). During a subsequent interview with Fox News anchor Brit Hume, Novak again changed Armitage’s description of Plame Wilson’s duties at the CIA. Novak has also changed his story on whether Armitage’s leak was deliberate or merely “chitchat,” as Armitage has claimed. Novak told Newsday reporters that he “didn’t dig out” information on Plame Wilson, “it was given to me.… They thought it was significant, they gave me the name and I used it.” In his October 2003 column, he revised his story, saying he “did not receive a planned leak” and called Armitage’s information “an offhand revelation.” In this current column, he reverts to claiming that Armitage deliberately leaked the information. [Marcy Wheeler, 9/13/2006]

Entity Tags: Marcy Wheeler, Joseph C. Wilson, George W. Bush, Bill Harlow, Karl C. Rove, Richard Armitage, Robert Novak, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Victoria Toensing, a former Justice Department official under the Reagan administration, reiterates and expands on claims made by her fellow conservatives (see Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 6, 2006, and September 7, 2006) that the admission by former Deputy Secretary of State Richard Armitage of his leaking of CIA official Valerie Plame Wilson’s identity to a reporter (see June 13, 2003 and July 8, 2003) exonerates accused perjurer Lewis Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). “Mr. Armitage is responsible for one of the most factually distorted investigations in history,” Toensing writes. Toensing again asserts, as she has in the past, that Plame Wilson was not a covert official (see November 2-9, 2005 and November 3, 2005), though Plame Wilson’s covert status has been affirmed many times (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006). She also echoes previous claims that Plame Wilson’s husband, Joseph Wilson (see July 6, 2003), is responsible for exposing his wife’s covert identity. [Wall Street Journal, 9/15/2006]

Entity Tags: Joseph C. Wilson, Victoria Toensing, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

NBC producer Joel Seidman interviews two former prosecutors, and asks them to assess the impact of the recent revelation that Richard Armitage, not Lewis Libby, was the first government official to leak Valerie Plame Wilson’s CIA status on Libby’s upcoming trial (see September 7, 2006). Seidman opens his article by claiming that special counsel Patrick Fitzgerald may face an “uphill battle” in getting a conviction in light of the Armitage revelation, writing, “The possible testimony of the State Department’s former number two official [Armitage], and that of the first journalist to print the name Valerie Plame Wilson [columnist Robert Novak], could potentially sway a jury that there is reasonable doubt to the perjury charges against Libby.” Seidman goes on to call the news of Armitage’s leak a “bombshell announcement,” and a piece of information that Fitzgerald “chose to keep… secret.” Further, Seidman notes that because Armitage and Novak are in some disagreement about the chain of events surrounding Armitage’s leak to Novak (see July 8, 2003) and September 13, 2006), this discontinuity “could enable Libby to argue that he, Libby, wasn’t the only one confused in this case” (see January 31, 2006). It is unclear whether Armitage will testify at Libby’s trial. Seidman interviews two former prosecutors: Solomon Weisenberg, who worked with special prosecutor Kenneth Starr during the Whitewater investigation, and Larry Barcella. Weisenberg says Libby’s lawyers can take “full advantage of the emotional value of Armitage’s admission,” and that while Armitage is not part of the case against Libby, the lawyers could argue that Fitzgerald conducted a sloppy investigation, and has witnesses who contradict one another. However, Barcella says that because the charges facing Libby are about his lying under oath (see October 28, 2005), Armitage’s leaks are irrelevant. [MSNBC, 9/20/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, says Seidman is echoing “GOP-pushed media logic,” which she analogizes to the argument that “someone who steals three of your hubcaps, strips your car down of all the valuable parts, take[s] the license plate, and steals your registration should not be charged for all of those crimes because someone else took the first hubcap a little earlier in the day. Um… yeah. Try again. You lie repeatedly to a federal investigator, you pay the penalty, and no amount of after-the-fact *ss-covering obfuscation gets around the fact that Libby lied, repeatedly. If he didn’t need to do so because he and those around him did nothing wrong, then why did he lie on multiple occasions? And why did a federal grand jury find it troubling enough to indict him on five felony counts for doing so?” [Christy Hardin Smith, 9/20/2006]

Entity Tags: Solomon Weisenberg, Joel Seidman, Christy Hardin Smith, Lawrence Barcella, Richard Armitage, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Judge Reggie Walton issues an order on the use of classified evidence in the Lewis Libby perjury and obstruction trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, and August 18, 2006). The order is largely procedural, acknowledging the deep divisions between the prosecution and the defense on the issue, and concluding “that the Federal Rules of Evidence and the restrictions they impose control whether information subject to CIPA [Classified Information Procedures Act] proceedings is admissible during a trial.” The order indicates that Walton is inclined to find at least somewhat in favor of the defense and may order many of the classified materials requested by the Libby defense team to be presented as evidence, leading the Associated Press to report “a victory to the defense” in the ruling. Walton also reminds prosecutor Patrick Fitzgerald that if his concerns about a possible breach of national security are that strong, he is free to stop the disclosure of classified information by dropping the charges against Libby (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [US District Court for the District of Columbia, 9/21/2006 pdf file; MSNBC, 9/21/2006; Associated Press, 9/21/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a brief with the court that indicates Libby will testify in his own defense at his upcoming trial. According to the brief, Libby will:
bullet testify on his own behalf during the trial;
bullet introduce a PowerPoint presentation at his trial;
bullet attempt to introduce his notes made during pertinent times; and
bullet attempt to introduce classified documents, including documents pertaining to former ambassador Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), which his lawyers say can be admitted under exceptions to the hearsay rule. “Mr. Libby must be able to discuss classified information to give the jury an accurate picture of his state of mind during the relevant time period and to show the jury that any errors he made in his statements and testimony were the product of confusion, mistake, and faulty memory rather than deliberate misrepresentations,” defense attorneys write in the brief. [US District Court for the District of Columbia, 9/22/2006 pdf file; Associated Press, 9/23/2006; Jeralyn Merritt, 9/23/2006]

Entity Tags: Joseph C. Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton holds a hearing with prosecutors for special counsel Patrick Fitzgerald and representatives from Lewis Libby’s defense team on the issue of “graymail,” which Fitzgerald has alleged is a tactic being employed by Libby’s team (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). “Graymail” is the attempt by one side in a court proceeding to derail the proceeding by insisting on the use of classified materials as evidence, and demanding mistrials or dropped charges if and when those classified materials are disallowed. Libby’s lawyers have privately and publicly implied that they will reveal national security secrets if the case actually goes to trial. The hearing, which is delayed because of a bomb threat, is the first of several hearings to be held on the subject. Fitzgerald wants to curtail the introduction of classified documents during the trial, while Libby’s lawyers want to introduce reams of classified documents into evidence (see May 10, 2006). Fitzgerald has argued repeatedly that many of the classified documents requested by Libby are irrelevant to the case at hand. Libby wants to introduce a number of highly classified presidential briefings to show his heavy and varied workload, as support for his defense that he was too overworked to testify accurately before the FBI (see October 14, 2003 and November 26, 2003) and Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004). Walton has already reminded Fitzgerald that he can dismiss the charges against Libby if he feels the upcoming trial will expose national security secrets. [MSNBC, 9/26/2006; Christy Hardin Smith, 9/27/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Former CIA counterterrorism specialist Philip Giraldi says that the 2002-2003 run-up to war with Iraq was chillingly similar to what the administration is now doing with Iran. “It is absolutely parallel,” he says. “They’re using the same dance steps—demonize the bad guys, the pretext of diplomacy, keep out of negotiations, use proxies. It is Iraq redux.” [Unger, 2007, pp. 344] In June 2006, Larry Wilkerson, the former chief of staff of ex-Secretary of State Colin Powell, echoed Giraldi’s sentiment. Noting that Vice President Dick Cheney and his office essentially drive the US’s foreign policy (see June 16, 2006), Wilkerson said of Cheney and his staff, “They are incapable of diplomacy” and determined to strike Iran. [Dubose and Bernstein, 2006, pp. 185]

Entity Tags: Philip Giraldi, Richard (“Dick”) Cheney, Lawrence Wilkerson

Timeline Tags: US confrontation with Iran

Columnist Robert Novak, a recipient of several White House leaks regarding covert CIA official Valerie Plame Wilson (see July 7, 2003, July 8 or 9, 2003, (July 11, 2003), and Before July 14, 2003) and the author of the column exposing Plame Wilson (see July 14, 2003), publishes a column in the conservative Weekly Standard attacking the authors of Hubris, a book that identified former Deputy Secretary of State Richard Armitage as the original leaker of Plame Wilson’s identity (see June 13, 2003, July 8, 2003, September 6, 2006, and September 7, 2006).
Attacks Co-Author of Book - Novak focuses primarily on “stereotypical leftist activist” co-author David Corn, whom he accuses of engendering the entire Plame Wilson identity leak investigation with a column questioning the propriety of Novak’s exposure of a covert CIA official (see July 16, 2003), and writes that Corn and other “enemies of George W. Bush” used the investigation to try to “bring down a president” (Bush). Now, Novak writes, Corn is in the ironic position of having co-authored a book “that has had the effect of killing the story.” (Novak credits co-author Michael Isikoff, not Corn, with discovering the Armitage leak.) To regain traction, Novak writes, “Corn has been frantic… to depict an alternate course in which [White House official Karl] Rove, [former White House official Lewis] Libby, and Vice President Cheney attempted, by design and independently, to do what Armitage purportedly accomplished accidentally.” Armitage’s leak was a gossipy “slip-up” that occurred simultaneously with what Corn and Isikoff called “a concerted White House effort to undermine a critic of the war,” former ambassador Joseph Wilson. Novak says the “conspiracy theory” of a White House effort to denigrate and smear Wilson is specious (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and calls the book’s detailed recounting of the misdeeds of the White House surrounding the Wilson smear and the Plame Wilson exposure “tiresome.” Novak dismisses Hubris as little more than “an unmitigated apologia for the Wilsons.”
Justifies Own Cooperation with Prosecution - He goes on to justify his repeated (and unreported) testimonies before the Patrick Fitzgerald grand jury (see October 7, 2003, February 5, 2004, and September 14, 2004), saying since Fitzgerald already knew who his sources for the Plame Wilson leak were (Libby, Armitage, and CIA official Bill Harlow), “there was no use in not testifying about them,” and he “feared facing the same legal juggernaut that sent Judith Miller of the New York Times to jail” (see July 6, 2005).
Claims Plame Wilson Not Covert - Novak says that no one—Armitage, Libby, Rove, nor himself—could be prosecuted for outing Plame Wilson because she “was not a covert operative under the terms of the law” (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006).
Exposes White House Source - Novak concludes the article by identifying former White House press aide Adam Levine (see February 6, 2004 and October 26, 2005) as the source for the “1x2x6” articles published by the Washington Post (see September 28, 2003 and October 12, 2003). [Weekly Standard, 9/23/2006]

Entity Tags: Michael Isikoff, George W. Bush, David Corn, Bill Harlow, Adam Levine, Judith Miller, Lewis (“Scooter”) Libby, Richard Armitage, Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a status report in regards to defense requests for a wide array of classified documents and materials to be made available for the Libby trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006). Fitzgerald’s report indicates that he has presented the defense with redacted versions of many of the documents the lawyers have requested, and that he expects the defense to challenge some of the redactions. [US District Court for the District of Columbia, 10/18/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

John Yoo, a former Justice Department official, celebrates the passage of the Military Commissions Act (see October 17, 2006). Yoo writes that Congress has ordered “the courts, in effect, to get out of the war on terror.” The bill is not so much a victory for the presidency, Yoo writes, as it is a loss for the judiciary, a “stinging rebuke to the Supreme Court. It strips the courts of jurisdiction to hear any habeas corpus claim filed by any alien enemy combatant anywhere in the world.” It supersedes the Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), which Yoo calls “an unprecedented attempt by the court to rewrite the law of war and intrude into war policy… [a] stunning power grab.” Now, he writes: “Congress and the president did not take the court’s power grab lying down. They told the courts, in effect, to get out of the war on terror, stripped them of habeas jurisdiction over alien enemy combatants, and said there was nothing wrong with the military commissions. It is the first time since the New Deal that Congress had so completely divested the courts of power over a category of cases. It is also the first time since the Civil War that Congress saw fit to narrow the court’s habeas powers in wartime because it disagreed with its decisions. The law goes farther. It restores to the president command over the management of the war on terror. It directly reverses Hamdan by making clear that the courts cannot take up the Geneva Conventions. Except for some clearly defined war crimes, whose prosecution would also be up to executive discretion, it leaves interpretation and enforcement of the treaties up to the president. It even forbids courts from relying on foreign or international legal decisions in any decisions involving military commissions.” Yoo had previously authored numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002). [Wall Street Journal, 10/19/2006]

Entity Tags: Military Commissions Act, John C. Yoo

Timeline Tags: Civil Liberties

Dr. Elizabeth Loftus.Dr. Elizabeth Loftus. [Source: Injustice Busters (.org)]The Libby defense team presents a memory expert in a pre-trial hearing, but special counsel Patrick Fitzgerald dismantles her credibility and her expertise during the proceedings. Lewis Libby’s lawyers intend to argue that the pressure of his work during his stint as Vice President Dick Cheney’s chief of staff caused Libby to “misremember” conversations he had with reporters about former CIA official Valerie Plame Wilson (see January 31, 2006), and therefore he cannot be guilty of perjury or obstruction of justice (see October 28, 2005). Dr. Elizabeth Loftus, a professor of criminology and psychology at the University of California at Irvine, testifies in support of a motion by Libby’s lawyers that Dr. Robert Bjork, chairman of the UCLA psychology department, be allowed to testify in Libby’s defense during the actual trial (see July 31, 2006). For three hours, Fitzgerald conducts what MSNBC terms a “blistering” questioning session of Loftus, causing her to admit that some of her own findings about what juries know about memory are faulty, and that her own research may be flawed. [MSNBC, 10/26/2006; Jurist, 10/26/2006; Washington Post, 10/27/2006]
Uses Own Book to Disprove Claims - Fitzgerald quotes Loftus’s own book, Witness for the Defense, asking how she might try to sway a jury if she were to testify. Loftus had written that, “using my arsenal of subtle psychological tools” she could make an impression on a jury about her perception about guilt or innocence. Fitzgerald shows Loftus a line in her book that expressed doubts about research she had just cited on the stand as proof that Libby needs an expert to educate jurors. Loftus replies, “I don’t know how I let that line slip by.”
Loftus Admits Own Study Flawed - Loftus explains to Judge Reggie Walton that, according to a study she conducted in 2006, most jurors believe memory is like a “tape recorder,” a perception that many memory experts say is untrue. But, using material from Loftus’s study, Fitzgerald forces Loftus to admit that the study is most likely flawed, and that the answers some jurors provided in the study prove just the opposite of what Loftus claimed they said—that jurors can in fact use common sense to ascertain the effects of memory on witness testimony. Her study actually found that only 46 percent of jurors viewed memory as a “tape recorder” or “videotape.” [MSNBC, 10/26/2006; Washington Post, 10/27/2006]
Loftus's Memory Failure - Fitzgerald even catches Loftus in her own embarrasing memory failure; when Loftus insists she has never met Fitzgerald before, he reminds her that he had cross-examined her before, when she was a defense expert and he was prosecuting a case for the US Attorney’s office in New York. [Washington Post, 10/27/2006]
Judge Skeptical of Loftus - Walton is skeptical of Loftus throughout the hearing, and repeatedly questions her about her stance that jurors have trouble using “common sense” to determine the effect of memory on witness testimony. Fitzgerald wants Bjork’s testimony disallowed (see September 7, 2006), saying the testimony of such a memory expert would be “confusing, misleading, and prejudicial,” and would unnecessarily delay the proceedings. [MSNBC, 10/26/2006]
Former Prosecutor: Very 'Difficult to Trip Up an Expert Witness' - Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes, “I cannot begin to tell you how difficult it is to trip up an expert witness on the stand, especially when you are doing cross-examination of someone who is considered to be a top expert in the field and who has had courtroom experience in prior cases for similar research material.” [Christy Hardin Smith, 10/27/2006] In November, the judge will disallow Bjork’s testimony (see November 2, 2006).

Entity Tags: Elizabeth Loftus, Christy Hardin Smith, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, Robert Bjork

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files three motions with the US District Court in Washington, asking Judge Reggie Walton to preclude evidence pertaining to the following:
bullet that Libby improperly disclosed classified materials from the 2002 National Intelligence Estimate (NIE—see October 1, 2002) to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003);
bullet reporters’ opposition to testifying on First Amendment grounds, and reporter Judith Miller’s incarceration (see September 30, 2005 and October 12, 2005); and
bullet outed CIA agent Valerie Plame Wilson’s employment status with the agency, and any actual or potential damage her exposure as a covert agent might have caused (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). [US District Court for the District of Columbia, 10/30/2006 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file]
Special counsel Patrick Fitzgerald files his own motion to preclude the defense from making much of the fact that other Bush administration officials also accused of leaking Plame Wilson’s identity to the press were not charged with crimes (see June 13, 2003, July 7, 2003, July 8, 2003, July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003,8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). “The fact that no other person was charged with a crime relating to the disclosure of classified information says absolutely nothing about whether defendant Libby is guilty of the charged crimes,” Fitzgerald writes. “It is improper for the jury to consider, or for counsel to suggest, that the decisions by the government not to charge additional crimes or defendants are grounds that could support an acquittal on the crimes charged in the indictment.” [US District Court for the District of Columbia, 10/30/2006 pdf file] Fitzgerald is referring to, among others, former Deputy Secretary of State Richard Armitage, who was recently identified as the first administration official to leak Plame Wilson’s identity to a reporter (see September 7, 2006). [MSNBC, 10/30/2006] Author and blogger Marcy Wheeler observes that, in her opinion, Libby is trying to keep the trial jury from deliberating on the administration’s “partial declassification” of the 2002 NIE, does not want jurors to know that reporter Judith Miller felt Libby did not want her to testify against him (see September 15, 2005 and August 2005), and wants to keep the jury unaware that Plame Wilson was a covert CIA agent. [Marcy Wheeler, 10/31/2006]

Entity Tags: Bush administration (43), Judith Miller, Lewis (“Scooter”) Libby, Marcy Wheeler, Richard Armitage, Reggie B. Walton, Patrick J. Fitzgerald, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton disallows the attempt by Lewis Libby’s defense team to employ a “memory expert” as an expert witness on Libby’s behalf (see January 31, 2006, July 31, 2006, September 7, 2006, and October 26, 2006). Walton rules that the studies to be cited by the witness, Dr. Robert Bjork, cannot be used because:
bullet the studies mostly pertain to eyewitness identification and don’t fit the facts of the case;
bullet most of the 13 points of “memory principles” Bjork will cite will be easy enough for jurors to figure out on their own; and
bullet Libby did not prove that traditional cross-examination of government witnesses would not be enough to establish the defense’s contention that he suffers from memory lapses (see January 31, 2006).
Walton finds that Bjork’s testimony would be a “waste of time,” and could mislead and confuse a jury. Libby’s attorneys had argued that many jurors have a false impression of how memory works, and a “memory expert” could clarify the matter for them. But Walton writes, “[T]he average juror may not understand the scientific basis and labels attached to causes for memory error.” However, jurors encounter the “frailties of memory” as a “commonplace matter of course” and do not need the guidance of a memory expert to use their “common sense” in the understanding of how memory works. “[T]he jury, for themselves, can assess whether a witness’s recollection of an earlier conversation is accurate.” [US District Court for the District of Columbia, 11/2/2006 pdf file; MSNBC, 11/2/2006] Criminal defense attorney Jeralyn Merritt wonders if Walton “has not just handed Libby his first legitimate issue for appeal… [i]t would have been safer for the government if the judge had allowed the testimony.” [Jeralyn Merritt, 11/2/2006]

Entity Tags: Robert Bjork, Lewis (“Scooter”) Libby, Reggie B. Walton, Jeralyn Merritt

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that the substitutions and summaries of classified materials special counsel Patrick Fitzgerald has proposed to be provided to the Lewis Libby defense team are inadequate. Libby has asked for a raft of classified materials (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006) to support his contention that he was so overwhelmed by work at the White House that his lies about his conversations with reporters concerning CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003) were “inadvertent and not the product of willful disinformation.” Observers are terming this Libby’s “memory defense” (see January 31, 2006). However, Walton rules that Libby will not have “free reign” to use whatever classified documents he or his lawyers see fit: his ruling “does not give the defendant ‘free reign’ over his testimony.” Walton writes, “He is alleging both that the volume of his work would have impacted his memory and that some of the information presented to him as the vice president’s national security adviser was so potentially catastrophic to the well-being of the country that the focus he had to devote to this information also impacted his memory.” Many observers, including Fitzgerald, believe Libby may be attempting to derail the prosecution by threatening to reveal sensitive national security details during his trial, a practice called “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). [MSNBC, 11/13/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team argues in a court filing that there was no such thing as an orchestrated plot to expose Valerie Plame Wilson as a CIA official, and writes that Libby, a former White House official who told at least two reporters that Plame Wilson was a CIA official (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), had no reason to lie during the investigation of the leak (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Libby’s lawyers want to present a wide-ranging defense concerning Libby’s duties and actions at the White House, while special counsel Patrick Fitzgerald, the US Attorney prosecuting the case, wants to stay narrowly focused on evidence that Libby lied under oath to the FBI and to a grand jury. “It is doubtful that anyone committed an ‘underlying crime’ here,” Libby’s lawyers write. “The government’s investigation began as an effort to discover which government officials had ‘leaked’ Ms. Wilson’s affiliation with the CIA to Mr. Novak” (see July 14, 2003). The Libby lawyers base their argument on the fact that former State Department official Richard Armitage leaked Plame Wilson’s identity to a reporter before Libby did (see June 13, 2003). “Members of the jury will have heard for years that Mr. Libby leaked classified information about Valerie Wilson’s affiliation with the CIA, due to inaccurate reports in the press,” the defense attorneys write. “Indeed, the government has contributed to the likely misimpressions that potential jurors will have about this case.” In previous filings, Fitzgerald has argued that the upcoming trial should not be a forum to debate the leak itself or question why Libby was charged and others were not. [Associated Press, 11/14/2006]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Patrick J. Fitzgerald, Richard Armitage, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

After ruling that the prosecution’s proposed summations and substitutions for classified documents requested by the defense are inadequate (see November 13, 2006), Judge Reggie Walton issues an order detailing how much classified evidence the Lewis Libby defense team may have access to in its preparations to defend its client against perjury and obstruction charges. It is up to the prosecution and defense lawyers to decide how much, or how little, of the classified materials to redact before presenting them in the trial. Prosecutor Patrick Fitzgerald has accused the Libby defense team of engaging in “graymail,” an attempt to derail the prosecution by threatening to reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Walton’s ruling is sealed, so it is unclear what will and will not be made available to Libby. [Associated Press, 11/15/2006] The public may learn of some of Walton’s ruling in December, when intelligence and national security agencies report back to him as to the status of the classified materials sought by Libby. Walton acknowledges that he has had to keep some information out of the public view, writing, “While this court has strived to make the proceedings in this action as transparent as possible, because the defendant seeks to introduce at trial evidence that is currently classified, this court has been required to close to the public may proceedings and seal a substantial number of pleadings.” [MSNBC, 11/16/2006] Walton will release his ruling, in redacted form (see December 1, 2006).

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

Timeline Tags: Niger Uranium and Plame Outing

Prosecutors tell a federal court that former White House official Lewis Libby may have disclosed information from a highly classified government report, the 2002 National Intelligence Estimate on Iraq (see October 1, 2002), to reporters (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, July 12, 2003, July 12, 2003, July 14 or 15, 2003) before the report was declassified by President Bush (see July 18, 2003). Libby’s lawyers have asked that the federal prosecutors, led by special counsel Patrick Fitzgerald, be barred from arguing at trial that Libby acted improperly or illegally by disclosing such information. Libby has claimed that he disclosed the information at the direction of his then-supervisor, Vice President Dick Cheney. According to Libby, Cheney told him that he had received permission to disclose the information from Bush (see March 24, 2004). Fitzgerald wishes to have the ability to question Libby’s assertions that all of his disclosures were authorized. [New York Sun, 11/17/2006]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton releases a heavily redacted, 38-page document containing his November 15, 2006 opinion about the release of classified documents on behalf of the Libby defense team (see November 15, 2006 and November 22, 2006). Material pertaining to the classified documents themselves is redacted from the document. According to Walton’s ruling, Lewis Libby wants to use 129 classified documents to bolster his contention that his systemic and widespread memory failures led him to misinform investigators about his role in exposing CIA official Valerie Plame Wilson (see January 31, 2006). According to the Associated Press, if Walton decides to bar the use of some or all of those classified documents, Libby’s lawyers could then ask for a dismissal of the case. “If the case goes forward and the evidence is allowed,” the AP writes, “the trial could offer a behind-the-scenes look at the White House in the early months of the war in Iraq.” Walton has said he has tried to balance national security concerns with Libby’s right to a fair trial (see November 15, 2006 and November 22, 2006). He has said that pre-approving classified evidence “requires a court to play the role of Johnny Carson’s character Carnac the Magnificent by requiring it to render rulings before knowing the exact context of how those rulings will coincide with other evidence that has actually been developed at trial.” Special counsel Patrick Fitzgerald has characterized Libby’s threat to reveal classified information during the trial “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Libby’s defense will argue that Libby was absorbed by several major national security areas of concern during the time Plame Wilson was exposed: threats from Islamist terror groups, working with Homeland Security to bolster US defenses, countering the nuclear threat posed by Pakistani scientist A.Q. Khan (see Late February 1999) and North Korea, the Iranian threat, developing security in Iraq after the fall of the Saddam Hussein regime, Israeli-Palestinian relations, incidents between Iraq and Turkey, and the unrest in Liberia as it threatened the safety of the US Embassy in Monrovia. [US District Court of the District of Columbia, 12/1/2006 pdf file; Associated Press, 12/1/2006; MSNBC, 12/4/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that former White House aide Lewis Libby’s lawyers will be restricted in how they present classified information during Libby’s perjury and obstruction trial. Prosecutors, led by special counsel Patrick Fitzgerald, have complained that Libby’s lawyers have made unreasonable demands for huge amounts of classified White House and other government documents, many of which are irrelevant, and have attempted to “graymail” the prosecution into dropping the charges against Libby for fear that the trial will reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). Libby says that his work with security issues such as terrorist threats and foreign nuclear programs caused him to inadvertently lie to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), and he wants to present classified information during his trial to prove the extent of his workload. Walton rules that the substitutions and summaries Fitzgerald has provided to the Libby lawyers will allow Libby “substantially the same ability to make his defense as would disclosure of the specific classified information.” NBC News producer Joel Seidman, writing for MSNBC, reports that Walton’s ruling may spell the end of Libby’s attempts to derail the trial by the use of “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [Associated Press, 12/11/2006; MSNBC, 12/11/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

After the Iraq Study Group (ISG) report is tossed aside by President Bush (see December 2006), his neoconservative advisers quickly locate a study more to their liking. Not surprisingly, it is from the neoconservative American Enterprise Institute. The study, written by Frederick Kagan (the brother of Robert Kagan, a signatory of the 1998 PNAC letter urging then-President Clinton to overthrow Saddam Hussein—see January 26, 1998), was commissioned in late September or early October by Kagan’s AEI boss, Danielle Pletka, the vice president of foreign and defense studies at the institute. Kagan later says that Plekta thought “it would be helpful to do a realistic evaluation of what would be required to secure Baghdad.” The study is released during a four-day planning exercise that coincides with the release of the ISG report, but Kagan says neither the timing nor the report itself has anything to do with the ISG. “This is not designed to be an anti-ISG report,” Kagan insists. “Any conspiracy theories beyond that are nonsense. There was no contact with the Bush administration. We put this together on our own. I did not have any contact with the vice president’s office prior to… well, I don’t want to say that. I have had periodic contact with the vice president’s office, but I can’t tell you the dates.” Kagan’s study, with the appealing title “Choosing Victory: A Plan for Success in Iraq,” says that 20,000 more US troops deployed throughout Baghdad will turn the tide and ensure success. The study becomes the centerpiece of Bush’s “surge” strategy (see January 2007). [Unger, 2007, pp. 342-343]

Entity Tags: Bush administration (43), American Enterprise Institute, Iraq Study Group, George W. Bush, Frederick Kagan, Danielle Pletka

Timeline Tags: Iraq under US Occupation

Lewis Libby’s defense lawyers inform the court that they intend to call Vice President Dick Cheney as a witness in Libby’s trial. “We’re calling the vice president,” says lead defense lawyer Theodore Wells. For his part, Cheney says he is willing to testify on behalf of his former chief of staff. “We don’t expect him to resist,” says another of Libby’s lawyers, William Jeffress. Apparently, the defense intends to have Cheney establish its contention that Libby was overworked and under strain dealing with critical national security issues, a condition it says led to Libby’s “inadvertent” lies and misstatements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury investigating the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). Law professor Peter Shane says Cheney’s willingness to testify is unuusal because of his aggressive efforts to keep the executive branch from being forced to disclose information about its workings. Cheney’s spokeswoman Lea Anne McBride says that “historians are entitled to their opinions, but the vice president has said from the very beginning that we’re cooperating in this matter and we will continue to do so.” [Associated Press, 12/19/2006; New York Times, 12/19/2006; Washington Post, 12/20/2006] Cheney told reporters in June that he “may be called as a witness” in Libby’s trial (see June 22, 2006). However, he will not testify in the trial.

Entity Tags: Richard (“Dick”) Cheney, Lea Anne McBride, Lewis (“Scooter”) Libby, Peter Shane, Theodore Wells, William Jeffress, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson asks Judge Reggie Walton not to compel his testimony in the Lewis Libby perjury and obstruction trial. Libby’s lawyers have subpoenaed Wilson, whose wife, Valerie Plame Wilson, was exposed as a CIA official by White House officials, including Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Libby’s lawyer, William Jeffress, has told the court that he has no intention of putting Wilson on the stand, and that the subpoena is merely a “precautionary” move. For his part, Wilson accuses Libby of trying to harass him from the courtroom. “Mr. Libby should not be permitted to compel Mr. Wilson’s testimony at trial either for the purpose of harassing Mr. Wilson or to gain an advantage in the civil case,” Wilson’s attorneys tell the court. [Associated Press, 12/20/2006] Wilson is referring to the lawsuit he and his wife have filed against Libby and other Bush administration officials (see July 13, 2006). He will not testify in the trial.

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Reggie B. Walton, William Jeffress, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Roger Ailes, the founder and chairman of Fox News (see October 7, 1996), makes a joke to an audience of news executives: “It is true that Barack Obama is on the move,” he says. “I don’t know if it’s true that President Bush called [Pakistani President Pervez] Musharraf and said, ‘Why can’t we catch this guy?’” The joke is a deliberate conflation between the names of presidential candidate Barack Obama (D-IL) and Osama bin Laden. Ailes has Steve Doocy and the other hosts of his network’s morning news show Fox and Friends begin making similar jokes. Fox insiders will later note that while the banter between Doocy, Brian Kilmeade, and Gretchen Carlson appears to be mostly ad-libbed, it is actually highly structured; Ailes uses the show as one of the primary vehicles to get his daily message into what reporter Tim Dickinson will call “the media bloodstream.” Ailes meets with Doocy, Kilmeade, and Carlson every day before the 6:00 a.m. start; a former Fox News deputy will later say: “Prior to broadcast, Steve Doocy, Gretchen Carlson—that gang—they meet with Roger. And Roger gives them the spin.” Doocy is the first Fox News figure to publicly state that Obama attended a radical Islamist madrassa as a child, a falsification that begins circulating on the Internet around this same time (see October 1, 2007). [New York Magazine, 5/22/2011]

Entity Tags: Roger Ailes, Barack Obama, Brian Kilmeade, Gretchen Carlson, Fox News, Steve Doocy, Osama bin Laden, Tim Dickinson

Timeline Tags: Domestic Propaganda

As many as 10 journalists are expected to testify during the Lewis Libby perjury and obstruction trial. Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, calls the prospect “unprecedented and, as far as I’m concerned, horrifying.” Libby’s lawyers may subpoena as many as seven journalists, whom they have not yet identified, to testify, in order to bolster their contention that Libby’s poor memory caused him to inadvertently lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004) about his involvement in exposing the CIA identity of Valerie Plame Wilson (see January 31, 2006). Roy Peter Clark, a scholar at the Poynter Institute, says he worries about the fallout from the trial, particularly in the future ability of journalists to protect their sources. Deputy Attorney General Paul McNulty recently told Congress that the Justice Department routinely observes restraint in issuing subpoenas to reporters, and has only issued 13 media subpoenas involving confidential sources in the last 15 years. “This record reflects restraint,” McNulty told Congress. “We have recognized the media’s right and obligation to report broadly on issues of public controversy and, absent extraordinary circumstances, have committed to shielding the media from all forms of compulsory process.” [Associated Press, 1/2/2007]

Entity Tags: Lewis (“Scooter”) Libby, Paul J. McNulty, Roy Peter Clark, Lucy Dalglish

Timeline Tags: Niger Uranium and Plame Outing

Details of ‘surge’ troop deployments .Details of ‘surge’ troop deployments . [Source: Jordan Times] (click image to enlarge)In a major policy speech regarding Iraq, President Bush announces that he will order 21,500 more US combat troops to Iraq, in a troop escalation he calls a “surge.” The bulk of the troops will be deployed in and around Baghdad. In addition, 4,000 Marines will go to the violent al-Anbar province. In announcing the escalation, he concedes a point he has resisted for over three years, that there have not been enough US troops in Iraq to adequately provide security and create conditions favorable for an Iraqi democracy to take hold. He admits that his previous strategy was based on flawed assumptions about the unstable Iraqi government. “Where mistakes have been made, the responsibility lies with me,” he says. Bush says that to consider any withdrawals of American troops would be a grave mistake, and that by increasing the number of troops in Iraq now, conditions will improve to a point at which troops can be withdrawn. “To step back now would force a collapse of the Iraqi government,” he says. “Such a scenario would result in our troops being forced to stay in Iraq even longer, and confront an enemy that is even more lethal. If we increase our support at this crucial moment, and help the Iraqis break the current cycle of violence, we can hasten the day our troops begin coming home.” Bush also commits the Iraqi government to meeting a series of “benchmarks,” tangible indicators of progress being made, that include adding a further 8,000 Iraqi troops and police officers in Baghdad, passage of long-delayed legislation to share oil revenues among Iraq’s ethnic groups, and a $10 billion jobs and reconstruction program, to be financed by the Iraqis. Bush aides insist that the new strategy is largely the conception of the Iraqi government, with only limited input from US planners. If successful, he says, the results will be a “functioning democracy” that “fights terrorists instead of harboring them.” [New York Times, 1/10/2007; ABC News, 1/10/2007; White House, 1/10/2007] While no one is sure how much the new policies will cost, Bush is expected to demand “billions” from Congress to fund his new escalation in the weeks ahead. [Marketwatch, 1/5/2005]
'New Way Forward' - The surge has a new marketing moniker, the “New Way Forward.” Some believe that the surge is more for political and public relations purposes than any real military effectiveness. “Clearly the deteriorating situation in Iraq is the overall background,” says political scientist Ole Holsti. The changes may indicate “they are looking for new bodies bringing fresh thinking…or you may have a kind of public-relations aspect,” to show Bush’s change in course is “more than just words.” [CBS News, 1/5/2007; USA Today, 1/5/2007]
Surge Already Underway - Interestingly, while Bush announces the “new” strategy of escalating the US presence in Iraq tonight, the escalation is already well underway. 90 advance troops from the Army’s 82nd Airborne are already in Baghdad, and another 800 from the same division are en route. The escalation will necessitate additional call-ups from the National Guard as well as additional reactivation of troops who have already toured Iraq and Afghanistan. Additionally, the naval group spearheaded by the aircraft carrier USS Stennis will shortly be en route to the Persian Gulf. Whether the new plan will work is anyone’s guess, say military commanders in Iraq. The escalation will take several months to implement and longer to see tangible results. One military official says, “We don’t know if this will work, but we do know the old way was failing.”
Contradicting Previous Assertions - In announcing the surge, Bush contradicts the position he has asserted since the March 2003 invasion—that military commanders were determining the direction of the war effort. Bush has repeatedly spoken of his disdain for micromanaging the war effort, and has said that he won’t second-guess his commanders. “It’s important to trust the judgment of the military when they’re making military plans,” he said in December 2006. “I’m a strict adherer to the command structure.” However, Bush balked at following the advice of many top military officials and generals, who have recommended a gradual drawdown in troop strengths, and in recent weeks replaced several top military officials who expressed doubts about the need or efficacy of new troop deployments in Iraq (see January 5, 2007). Instead, Bush believes the escalation will alleviate the drastically deteriorating security situation in Iraq. According to Pentagon officials, the Joint Chiefs of Staff, who oppose the surge, have agreed to support it only grudgingly, and only because Bush officials have promised a renewed diplomatic and political effort to go along with the escalation. Outgoing Central Command chief General John Abizaid said in November that further troop increases were not a viable answer to the Iraq situation, and in their November 30 meeting, Iraqi prime minister Nouri al-Maliki did not ask Bush for more troops, instead indicating that he wanted Iraqi troops to take a higher profile. Viewpoints differ on Bush’s interaction with his commanders up to this point—some have seen him as too passive with the generals and military advisers, allowing them almost free rein in Iraq, while others see him as asserting himself by forcing the retirements or reassignments of generals who disagree with his policies.
Rebuffing the ISG - Many observers believe the surge is a backhanded rebuff to the Iraq Study Group (see January 10, 2007).
Surge Plan Concocted at Right-Wing Think Tank - Interestingly, the surge plan itself comes largely from neoconservative planners at the American Enterprise Institute (see January 2007).
Long-Term Ramifications - The Joint Chiefs worry that a troop escalation will set up the US military for an even larger failure, without having any backup options. The Iraqis will not deliver the troops necessary for their own security efforts, they believe, and worry that US troops will end up fighting in what amounts to a political vacuum unless Bush comes up with a plan for dramatic political and economic changes to go along with the military effort. A surge could lead to increased attacks by Iraqi al-Qaeda fighters, open the troops up to more attacks by Sunni insurgents, and fuel the jihadist appeal for more foreign fighters to battle US forces in Iraq. And the escalation’s short-term conception—to last no more than six to eight months—might well play into the plans of Iraq’s armed factions by allowing them to “game out” the new strategy. The JCS also wonder just where Bush will find the troops for the surge. Frederick Kagan, one of the architects of the surge plan, and Republican presidential candidate John McCain want far more than 20,000 troops, but the Joint Chiefs say that they can muster 20,000 at best, and not all at once. Rumsfeld’s replacement, Robert Gates, played a key role in convincing the Joint Chiefs to support the escalation. The biggest selling point of the escalation is the White House’s belief that it will portray the administration as visibly and dramatically taking action in Iraq, and will help create conditions that will eventually allow for a gradual withdrawal of US troops: Bush says, “[W]e have to go up before we go down.” [Washington Post, 1/10/2007]

Entity Tags: Al-Qaeda, Edward M. (“Ted”) Kennedy, George W. Bush, American Enterprise Institute, Carl Levin, Frederick Kagan, Harry Reid, Iraq Study Group, Al-Qaeda in Iraq, Peter Pace, Robert M. Gates, John P. Abizaid, John McCain, Joint Chiefs of Staff, Donald Rumsfeld, Nouri al-Maliki, Nancy Pelosi, Ole Holsti

Timeline Tags: Iraq under US Occupation

Former CIA officer Valerie Plame Wilson experiences strongly mixed feelings about the information revealed during the trial of former White House official Lewis “Scooter” Libby (see January 16-23, 2007). Later in 2007, she will write that during the trial, she is disturbed by the testimony of “some of the so-called premier journalists in the country” (see January 30-31, 2007 and January 31, 2007). Their testimony “showed how eagerly they accept spoonfed information from official sources. They appeared to make little effort to corroborate information or seek out other sources at the working levels who might have given them a different story. The trial did not show American journalism at its finest hour.” Of the White House officials who either testify or are subjects of testimony, Plame Wilson will write that she is shocked to see “just how recklessly senior government officials who should have known better, who should have been much more diligent in protecting me and every CIA officer, tossed around my name with those who had no need to know (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). All of these officials were fully aware that I worked at the CIA, and while they might have been unclear as to where exactly I worked there, the fact that it was the CIA should have raised a big red flag. All of the officials involved in the leak of my name signed oaths when they joined the government to protect national security secrets. They knew that the CIA goes to great lengths, and at significant taxpayers’ expense, to devise creative ‘covers’ for its employees.” [Wilson, 2007, pp. 286]

Entity Tags: Central Intelligence Agency, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Investigative reporter Robert Parry, writing for the progressive Web news outlet ConsortiumNews, notes that former Deputy Secretary of State Richard Armitage may be far more intimately involved with the 2003 White House attempt to besmirch the credibility of former ambassador Joseph Wilson than has been previously noted (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). Armitage was the first administration official to expose former CIA agent Valerie Plame Wilson’s CIA status to a reporter (see June 13, 2003), and later leaked it again (see July 8, 2003), that time to columnist Robert Novak, who exposed Plame Wilson in a July 2003 column (see July 14, 2003). Parry writes that conventional media wisdom paints Armitage as an outsider, not a member of the White House inner circle, and a skeptic about the Iraq war; therefore, the media argues, Armitage’s leaks of Plame Wilson’s identity were “inadvertent” and merely coincidental to the White House efforts to claim that former ambassador Joseph Wilson was sent to Africa (see February 21, 2002-March 4, 2002) for partisan reasons by his wife. Parry notes that, as recently as September 2006, the Washington Post joined with conservative supporters of the Bush administration to claim that the White House did not intentionally “orchestrate” the leak of Plame Wilson’s identity (see Late August-Early September, 2006), and that Armitage had no connection with whatever efforts went on inside the White House to leak her identity. However, Parry notes, the mainstream media has consistently ignored the deep connections between Armitage and White House political savant Karl Rove, who many believe did orchestrate the Plame Wilson leak. According to Parry, “a well-placed conservative source… [a]n early supporter of George W. Bush who knew both Armitage and Rove… told me that Armitage and Rove were much closer than many Washington insiders knew.” Armitage and Rove became friends during the first weeks of the Bush administration’s first term, and they cooperated with one another to pass backchannel information between the White House and State Department. The source tells Parry that it is plausible to surmise that Armitage leaked Plame Wilson’s identity to two separate reporters, not by accident, but in collusion with Rove’s strategy to besmirch Wilson by exposing his wife’s CIA identity. Novak printed his column outing Plame Wilson using two primary sources—Armitage and Rove (see July 8, 2003 and July 8 or 9, 2003). The source says that Novak’s initial claim of being given Plame Wilson’s identity (see July 21, 2003) suggests, in Parry’s words, “Armitage and Rove were collaborating on the anti-Wilson operation, not simply operating on parallel tracks without knowing what the other was doing.” The source finds the media’s assumption that Armitage “inadvertently” let Plame Wilson’s identity slip out, almost as gossip, amusing, and inaccurate. “Armitage isn’t a gossip, but he is a leaker,” the source says. “There’s a difference.” [Consortium News, 1/17/2007]

Entity Tags: Karl C. Rove, George W. Bush, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Richard Armitage, Robert Parry, Washington Post, US Department of State, Valerie Plame Wilson, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald, the US Attorney prosecuting former White House senior aide Lewis Libby for perjury and obstruction (see January 16-23, 2007), says that the evidence clearly shows Libby lied to both the FBI and the grand jury when he failed to disclose his involvement in the press leak of the identity of then-covert CIA agent Valerie Plame Wilson. Fitzgerald says Libby learned of Plame Wilson’s identity from at least five different government sources, including his then-boss, Vice President Dick Cheney (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, and (June 12, 2003)). Libby’s claims that he learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), Fitzgerald says, are specious. Evidence proves that Libby had discussed Plame Wilson’s identity well before he spoke to Russert. “You can’t learn something on Thursday that you’re giving out on Monday,” Fitzgerald says. He lays out a rough timeline of the events leading up to, and following, Plame Wilson’s public exposure (see July 14, 2003), and gives an overview of the evidence showing that Libby lied about his actions under oath. [Pensito Review, 1/23/2007; Marcy Wheeler, 1/23/2007; CBS News, 1/25/2007; BBC, 7/3/2007; Washington Post, 7/3/2007] Fitzgerald walks the jury through a timeline of events surrounding each of the five charges Libby faces—two counts of perjury, two counts of making false statements, and one count of obstruction of justice—and tells the jury what evidence he will present to prove each of the charges. Fitzgerald plays actual audiotapes of Libby making his alleged lies before an earlier grand jury (see March 5, 2004 and March 24, 2004); court observer Christy Hardin Smith, a former prosecutor, writes of the tactic, “The jurors in the criminal trial were riveted as they listened to the defendant’s voice, while they watched his reaction live in the courtroom as he was also hearing his testimony.” [Christy Hardin Smith, 1/23/2007] Plame Wilson will call Fitzgerald’s opening statement “a very narrow but compelling argument that Libby [the former chief of staff for Cheney] had lied, often, in response to investigators’ questions about with whom he had discussed me and my CIA employment (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald seemed to place Vice President Dick Cheney at the center of the case by saying that Cheney himself had disclosed my identity to Libby (see March 24, 2004) and later intervened to have White House press secretary Scott McClellan issue a misleading public statement clearing Libby of any involvement in the leak of my name to reporters” (see October 4, 2003). [Wilson, 2007, pp. 282-284]

Entity Tags: Tim Russert, Scott McClellan, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Valerie Plame Wilson, Christy Hardin Smith

Timeline Tags: Niger Uranium and Plame Outing

Robert Grenier.Robert Grenier. [Source: PBS]Former CIA official Robert Grenier testifies in the Lewis Libby perjury trial. He tells the jury that he received a telephone call from Libby on June 11, 2003, asking about the Niger trip made by former ambassador Joseph Wilson (see 2:00 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; CBS News, 1/25/2007; Associated Press, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Grenier was the CIA’s “Iraq Mission Manager,” a new position created by then-Director George Tenet. His job was to coordinate the CIA’s disparate efforts on Iraq. As part of his job, he often attended Deputies Committee meetings, where he met Libby. He worked on a regular basis with Libby as part of his position. [Marcy Wheeler, 1/24/2007]
Contradicts Libby's Claims - Grenier’s testimony directly contradicts Libby’s claim that he first learned of then-CIA official Valerie Plame Wilson’s identity from NBC bureau chief Tim Russert (see July 10 or 11, 2003). Grenier says he quickly surmised that Libby was attempting to compile information on Wilson in order to discredit him (see 4:30 p.m. June 10, 2003). Grenier testifies that he knew nothing of Wilson’s Niger trip before Libby’s request, and to his surprise at being contacted by Libby to discuss Wilson. “It was pretty clear he wanted answers,” Grenier says. “It was unusual for him to call in the first place.… He was serious.” Grenier testifies that after his first meeting with Libby, Libby pulled him out of a meeting with Tenet to find out more about Wilson. “Someone came to the door and beckoned me out,” Grenier recalls. “I don’t think I’ve ever been pulled out a meeting with the director before.” Grenier testifies that he spoke to someone in the CIA’s Counterproliferation Division (CPD), who informed him of the trip and of Plame Wilson’s CIA status. (At the time, Plame Wilson worked in CPD.) The CPD person did not say Plame Wilson’s name directly, but identified her as “Wilson’s wife.” Grenier told Libby that the CIA had sanctioned Wilson’s trip to Niger, and that Wilson’s wife was involved in the decision; Grenier says that the information seemed to please Libby (see 2:00 p.m. June 11, 2003). Grenier also testifies that Libby discussed the feasibility of leaking the information about Wilson and his wife to the press, and says that after talking with CIA press liaison Bill Harlow, he told Libby, “We can work something out.” Libby told Grenier that Vice President Dick Cheney’s communications director, Cathie Martin, would coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003); Libby had Martin speak with Harlow about the effort, a choice Grenier testifies he found “surprising.” He adds that when he read the newspaper column outing Plame Wilson (see July 14, 2003), he deduced that the information had come from someone in the White House. [ABC News, 1/24/2007; Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; Washington Post, 1/25/2007] Grenier testifies that after informing Libby of Plame Wilson’s CIA identity, he “felt guilty very briefly” about revealing personnel information that is usually closely held by the CIA. [USA Today, 1/24/2007] According to a transcript taken by court observer and progressive blogger Marcy Wheeler, Grenier says: “I didn’t know her name, so I didn’t give her name, but by saying Joe Wilson’s wife worked at the CIA, I was revealing the identity of a CIA officer. It wasn’t absolutely necessary, that is information that we guard pretty closely, and if we don’t have to say it, we don’t.” [Marcy Wheeler, 1/24/2007]
Attacking Grenier's Memory - But Grenier’s testimony differs somewhat from his earlier statements to the FBI and to Patrick Fitzgerald’s grand jury (see December 10, 2003). Grenier said in earlier statements that he wasn’t sure if Plame Wilson’s name had come up in the conversations with Libby. It was only later, he testifies, that he developed what he calls “a growing conviction” that he’d mentioned “Wilson’s wife” to Libby. An attorney for Libby, William Jeffress, sharply questions Grenier on the inconsistencies in his story, forcing the agent to admit at one point that “my recollection of a lot of conversations from that time are pretty vague.” Grenier stays with his current claims, saying that he’d been “conservative” when he first talked to investigators, not wanting to cast “suspicion on Mr. Libby” unnecessarily. [ABC News, 1/24/2007; Mother Jones, 1/25/2007; Washington Post, 1/25/2007] Grenier testifies that when talking to the FBI, he couldn’t be completely sure he had disclosed Plame Wilson’s identity to Libby (see December 10, 2003), but when testifying before the grand jury, he testified that he definitely had given Libby that information. Jeffress says, “You told the FBI that you did not discuss Valerie Wilson with Mr. Libby.” Grenier replies: “I told them I really didn’t recall clearly whether I had said so or not. I think there’s some confusion, frankly, in this report from the FBI.” Grenier continues: “My memory of what I said in that meeting, I believe that that I conveyed in that meeting, and I want to caution, it’s hard for me to parse out what I said in what meeting and what time, but what I believe I reported to the FBI initially was that in my conversation, my second conversation, with Mr. Libby on June 11, I couldn’t recall clearly whether I told him that Mr. Wilson’s wife was working in the unit that dispatched him to Niger. I may have, but I didn’t have a clear recollection.” Jeffress reminds Grenier that five weeks had passed between his FBI appearance and his testimony before the grand jury, and asks, “In those five weeks, you didn’t remember having told Mr. Libby about Mr. Wilson’s wife?” Grenier replies, “I did not remember.” Jeffress presses: “When you testified before the grand jury, did you tell the grand jury that you had no clear recollection of having told Mr. Libby anything about Mr. Wilson’s wife, although it is possible [you] may have done so?” Grenier replies that he had tried to give the most conservative answer. However, when he appeared before the grand jury a second time, in 2005 (see July 29, 2005), he was read his original testimony. He was startled, Grenier says. “I remembered it and thought that I had always remembered it,” he testifies. “I was saying what I believed to be true at the time and subsequently had a different recollection.” Jeffress asks: “Do you find that your memory gets better the farther away you are in time? Does your memory improve with time?” Grenier laughs and answers, “Not in all cases, no.” Grenier now states that he is sure he told Libby about Wilson’s wife being a CIA official, but is not sure he told Libby her name. [Marcy Wheeler, 1/24/2007; National Review, 1/25/2007; New York Times, 2/4/2007]
Refusing to Pin Blame on CIA - Grenier tells Jeffress that he is not entirely sure the FBI interviewer got his responses correct. According to Wheeler’s transcript, Grenier testifies: “I would like to state, I have the greatest respect for the FBI, but the FBI agent may not have gotten what I said exactly right. What is important is that my belief that the WH [White House] was throwing blame on the CIA—not for Wilson’s trip—but for not having provided proper warning to the WH on this issue of Iraq’s attempt to buy nukes.” Wheeler writes that in her estimation, Jeffress is attempting to blame the CIA for the Bush administration’s faulty and misleading claims about Iraq’s WMDs, an attempt in which Grenier refuses to participate. [Marcy Wheeler, 1/24/2007]

Entity Tags: Bush administration (43), Counterproliferation Division, Catherine (“Cathie”) Martin, George J. Tenet, Central Intelligence Agency, Joseph C. Wilson, Bill Harlow, Valerie Plame Wilson, William Jeffress, Marcy Wheeler, Robert Grenier, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Cathie Martin entering the courthouse.Cathie Martin entering the courthouse. [Source: New York Times]Cathie Martin, the former spokeswoman for Vice President Dick Cheney, testifies that she told Cheney and his former chief of staff Lewis “Scooter” Libby about Valerie Plame Wilson’s CIA status weeks before Libby claims to have learned that information from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] At the time in question, Martin was Cheney’s assistant for public affairs. She now works at the White House as the deputy director of communications for policy and planning. As Cheney’s assistant, she worked closely with Libby and handled most press inquiries for Cheney and Libby. [Marcy Wheeler, 1/25/2007]
Passed along Information about Plame Wilson to Libby, Cheney - Martin testifies that in her presence Libby spoke with a senior CIA official on the telephone, and asked about the Joseph Wilson trip to Niger. She says she then spoke with CIA spokesman Bill Harlow, who told her that Wilson went to Niger on behalf of the agency, and that Wilson’s wife worked at the agency (see 5:25 p.m. June 10, 2003). Martin then says that she subsequently told both Libby and Cheney that Wilson’s wife worked at the CIA (see 5:27 p.m. June 11, 2003). The International Herald Tribune notes: “The perspective she laid out under questioning from a federal prosecutor was damaging to Libby.… She bolstered the prosecution’s assertion that Libby was fully aware of [Plame] Wilson’s identity from a number of administration officials, and did not first learn about her from reporters, as he has claimed. Perhaps more important[ly], she testified as a former close colleague of Libby’s and demonstrated her familiarity with him by repeatedly referring to him by his nickname, Scooter.” [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007] Of Plame Wilson’s outing by Robert Novak (see July 14, 2003), she testifies, “I knew it was a big deal that he had disclosed it.” [Marcy Wheeler, 1/29/2007]
Testifies that Cheney Coordinated Attack on Wilson - Martin also gives detailed evidence that it was Cheney who coordinated the White House counterattack against Plame Wilson’s husband, Joseph Wilson, in retaliation for his op-ed debunking administration claims that Iraq had tried to purchase uranium from Niger (see July 6, 2003). She testifies that during the first week of July 2003, she and her staff were told to increase their monitoring of the media, including television news (which until that point had not been monitored closely), and to make transcripts of everything that was said pertaining to administration policies and issues. She testifies that Cheney and Libby were both very interested in what the media was reporting about Iraqi WMDs, and whether Cheney’s office had ordered Joseph Wilson to go to Niger (see February 21, 2002-March 4, 2002). She discusses the talking points she disseminated to White House press secretary Ari Fleischer regarding Cheney’s lack of involvement in sending Wilson to Niger (see 9:22 a.m. July 7, 2003). Martin testifies that she had already been using those talking points, based on conversations she had had with Libby, but sent the memo to Fleischer because of Wilson’s appearances on the Sunday morning talk shows (see July 6, 2003). According to Martin, Cheney “dictated” the talking points for Fleischer, and included direct quotes from the National Intelligence Estimate on Iraq (see October 1, 2002), which had been partially declassified without her knowledge (see July 12, 2003)—she says she urged Cheney and Libby to declassify the NIE before leaking information from it to reporters. (Judge Reggie Walton tells the jury, “You are instructed that there is no dispute between the parties that on July 8 certain portions of the NIE had been declassified, although Ms. Martin had not been made aware of the declassification.”) Martin testifies that Cheney told Libby to speak directly to reporters about Wilson, effectively bypassing her and other communications staffers in his office. Martin also says she told Cheney and Libby that Plame Wilson worked for the CIA days before Libby claims he “first” learned it from NBC reporter Tim Russert (see July 10 or 11, 2003). Martin refuses to confirm that either Cheney or Libby suggested leaking Plame Wilson’s identity as part of a strategy to discredit her husband. [Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Falsely Accused of Leaking Information to NBC Reporter - Martin goes on to describe a senior staff meeting at the White House, where she was implictly accused of leaking information to NBC reporter Andrea Mitchell (see July 9, 2003). She denies leaking the information to Mitchell, and testifies that Libby spoke with Mitchell about such subjects. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007]
Defense Notes Change in Martin's Testimony - The defense notes that Martin has changed the dates of some of her recollections from her previous statements to prosecutor Patrick Fitzgerald’s investigators. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; New York Times, 2/4/2007] The defense’s cross-examination of Martin extends into Monday, January 29; Fitzgerald briefly redirects her testimony. [Marcy Wheeler, 1/29/2007]
Attempt to Slow Trial Fails - A January 25 attempt by defense attorney Theodore Wells to slow the pace of the trial fails. Wells attempts to delay Martin’s testimony by complaining that he has not had an opportunity to review what he calls a “whole box” of the original copies of Martin’s notes. It would, Wells says, take hours for the defense team to read and review the notes. Fitzgerald reminds the court that the defense has had the notes for a year. Wells then complains that some of the notes are illegible. “I think that’s a bit of a spin,” Fitzgerald retorts, noting that he is only using about four pages of notes as evidence. “These copies were legible. Show me the pages that weren’t legible.” Judge Reggie Walton says that since it would be unethical for Wells to misrepresent his inability to read the documents, he has to accept Wells’s assertion. Fitzgerald then produces the notes, a small stack of documents that do not comprise a “whole box.” Walton, apparently exasperated, tells Wells he can review the notes during his lunch hour, and refuses to delay the trial. [New York Times, 2/10/2007]

Entity Tags: Ari Fleischer, Andrea Mitchell, Bill Harlow, Catherine (“Cathie”) Martin, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Tim Russert, Patrick J. Fitzgerald, Reggie B. Walton, Valerie Plame Wilson, Richard (“Dick”) Cheney, Theodore Wells, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Ari Fleischer, outside the courthouse where the Libby trial is underway.Ari Fleischer, outside the courthouse where the Libby trial is underway. [Source: Life]Former White House press secretary Ari Fleischer testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), and tells the court that he learned of Valerie Plame Wilson’s CIA status from Libby three days before Libby has said he first learned of it. If Fleischer is telling the truth, then Libby cannot have been truthful in his claims. Prosecutor Patrick Fitzgerald has told the court that in 2004 he offered Fleischer blanket immunity in return for his testimony (see February 13, 2004), without being sure what Fleischer would say in court. The defense team calls the arrangement highly unusual, and days before attempted to bar Fleischer’s testimony (see January 25-27, 2007). [MSNBC, 2/21/2007; BBC, 7/3/2007; Marcy Wheeler, 1/29/2009] The prosecution quickly elicits Fleischer’s admission that if he lies under oath, his immunity agreement becomes void and he, too, can be prosecuted. [Marcy Wheeler, 1/29/2009]
Libby Told Fleischer of Plame Wilson's Identity - Testifying under oath, Fleischer tells prosecuting attorney Peter Zeidenberg (handling the examination for Fitzgerald) that he learned of Plame Wilson’s identity from Libby during a lunch with him on July 7, the day after Plame Wilson’s husband’s controversial op-ed appeared in the New York Times (see July 6, 2003). Libby has told reporters he first learned about Plame Wilson’s identity on either July 10 or July 11 from NBC reporter Tim Russert (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). According to Fleischer, Libby told him: “Ambassador [Joseph] Wilson was sent by his wife. His wife works for the CIA.” Fleischer testifies that Libby referred to Wilson’s wife by her maiden name, Valerie Plame. Fleischer says, “He added it was hush-hush, on the Q.T., and that most people didn’t know it.” Fleischer also notes that Libby told him Plame Wilson worked in the Counterproliferation Division, where almost everyone is covert, though he testifies that he knows little about the CIA’s internal structure. Four days later, Fleischer heard of Plame Wilson’s CIA status again, that time from White House communications director Dan Bartlett (see July 6-10, 2003). Fleischer informed conservative columnist Robert Novak of Plame Wilson’s CIA status the same day he learned of it from Libby (see July 7, 2003), and told reporters David Gregory and John Dickerson the same information a week later in what he calls a casual conversation (see 8:00 a.m. July 11, 2003). Fleischer insists he believed the information about Plame Wilson was not classified, saying, “[N]ever in my wildest dreams [did I think] this information would be classified.” [CBS News, 1/25/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; National Journal, 2/19/2007; Marcy Wheeler, 1/29/2009]
Defense Cross - The defense notes that Fleischer originally mispronounced Plame Wilson’s maiden name as “plah-MAY,” indicating that he may have read about her instead of being told of her identity. Fleischer says under cross-examination that he did not reveal Plame Wilson’s identity to reporters until he heard about the CIA official from a second White House aide, Bartlett (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). It was after Bartlett’s “vent” about Wilson that Fleischer says he decided to inform two reporters, NBC’s David Gregory and Time’s John Dickerson, of Plame Wilson’s CIA status. (Dickerson has said Fleischer did not tell him Plame Wilson was a CIA official—see February 7, 2006.) Fleischer testifies that neither Libby nor Bartlett invoked a White House protocol under which colleagues warned him when they were providing classified information that could not be discussed with reporters. [Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; New York Times, 2/4/2007]
Post: Fleischer Impugns Libby 'Memory Defense' - The Washington Post calls Fleischer “the most important prosecution witness to date,” and continues: “Though a series of government officials have told the jury that Libby eagerly sought information about [Wilson], Fleischer was the first witness to say Libby then passed on what he learned: that Wilson’s wife was a CIA officer who had sent him on a trip to Africa.… Fleischer also reinforced the prosecution’s central argument: that Libby had been so determined to learn and spread information about Wilson and Plame that he could not have forgotten his efforts” (see January 31, 2006). [Washington Post, 1/30/2007] In 2004, Libby testified that he could not remember if he discussed Plame Wilson with Fleischer, though he admitted that he may have. [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, John Dickerson, David Gregory, Joseph C. Wilson, Patrick J. Fitzgerald, Dan Bartlett, Peter Zeidenberg, Bush administration (43), Counterproliferation Division, Valerie Plame Wilson, Ari Fleischer, Robert Novak, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside.Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside. [Source: Kevin Wolf / AP]Former New York Times reporter Judith Miller, who spent 85 days in jail trying to avoid testifying to the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005), testifies in the trial of former White House aide Lewis “Scooter” Libby (see January 16-23, 2007). Miller testifies that Libby told her in confidence that the wife of a prominent critic of the Iraq war, Joseph Wilson, worked at the CIA (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby has testified that he first learned of Plame Wilson’s CIA status three weeks later, from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; Washington Post, 7/3/2007]
'Perverted War of Leaks' - During their first meeting, Miller testifies: “Mr. Libby appeared to me to be agitated and frustrated and angry. He is a very low key and controlled guy, but he seemed annoyed.” Prosecutor Patrick Fitzgerald asks, “Did he indicate what he was annoyed at?” Miller replies, “He was concerned that the CIA was beginning to backpedal to try to distance itself from the unequivocal intelligence estimates it had provided before the war.” She goes on to say that Libby had called the CIA’s action “a perverted war of leaks.” During their subsequent meetings, Libby exhibited an increasing irritation with the idea that the CIA would leak information to put distance between itself and earlier estimates of Iraqi WMD capabilities. According to Miller: “He said that nobody had ever [sic] come to the White House from the CIA and said, ‘Mr. President, this is not right.’ He felt that if the CIA had had such doubts, they should have shared them with the president.”
Outing Plame Wilson - Miller testifies that Libby broached the subject of Joseph Wilson’s trip to Africa (see February 21, 2002-March 4, 2002) during their first meeting. At the time, Wilson was still criticizing the administration anonymously (see May 6, 2003), and few outside Washington knew who he was. Miller says that Libby began by calling Wilson “that clandestine guy,” and only later began referring to him by name. Miller testifies, “He [Libby] said the vice president did not know that Mr. Wilson had been sent on this trip” (see March 5, 2002). Libby told Miller that Cheney did not know of Wilson and “did not get a readout” on Wilson’s findings. As “an aside,” Miller testifies, Libby told her during their first meeting that Wilson’s wife “worked in the bureau.” Miller says at first she was not sure what he was referring to, and speculated that “the bureau” might mean the FBI, but, she says, “it became clear that he was referring to the CIA.” Libby never indicated whether Plame Wilson was a covert official, but during the second meeting, he told her (incorrectly) that Plame Wilson worked in WINPAC, the Weapons Intelligence, Non-Proliferation, and Arms Control Center of the CIA. Libby, Miller testifies, viewed the entire Wilson trip as “a ruse—that’s the word he used—an irrelevancy.” She confirms that during their second meeting, Libby took the unprecedented step of having her identify him in her reporting as “a former Hill staffer,” an apparent attempt to mislead readers into thinking the information he was providing to her was coming from someone who used to work in Congress. Miller testifies that she wanted to write about Plame Wilson being a CIA official, but her editor at the Times, Jill Abramson, refused to allow it. [Marcy Wheeler, 1/30/2007; National Review, 1/31/2007]
Leaking NIE Material - Miller says that Libby began providing her with sensitive information culled from the October 2002 National Intelligence Estimate (NIE—see October 1, 2002) during their second and third meetings. Libby told her that the classified information from the NIE was even stronger in its support of Iraqi WMD claims than what he was giving her. Miller wasn’t sure if the information Libby gave her was classified or unclassified. [Marcy Wheeler, 1/30/2007]
'Refreshed' Memory with Notes - Fitzgerald shows Miller that in her initial testimony before his grand jury (see September 30, 2005), she failed to mention her first discussion of Plame Wilson’s identity with Libby on June 23. Miller claims that she refreshed her memory of that first discussion from her notes of the meeting, which she found in a shopping bag near her desk at the Times, and clarified her testimony in a later appearance (see October 12, 2005).
Defense Focuses on Self-Contradictions - During the defense’s cross-examination, Libby’s attorney William Jeffress hammers at Miller over her seemingly contradictory testimony, sometimes eliciting testy responses. Miller tells the court that her memory “is mostly note-driven,” and that rereading the notes “brought back these memories” of the June 23 meeting. [Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; National Review, 1/31/2007; MSNBC, 2/21/2007] Author Marcy Wheeler, observing the proceedings for the progressive blog FireDogLake, notes that Miller seems extremely nervous and fidgety under Jeffress’s cross-examination. [Marcy Wheeler, 1/30/2007] Miller’s January 30 court testimony ends almost an hour ahead of schedule after Jeffress attempts to ask her about other sources besides Libby with whom she may have discussed Wilson. Miller’s attorney, Bob Bennett, objects, saying questions about other sources are off limits. Judge Reggie Walton dismisses the jury for the day and listens to arguments for and against the line of questioning. Jeffress tells Walton, “I think she’s going to say she couldn’t remember which is very important to her credibility.” Defense lawyer Theodore Wells adds that it is important to have Miller answer the question because it would cast doubt on her testimony. “This is classic 101 [witness] impeachment,” he says. Walton will rule against the line of questioning, agreeing with Fitzgerald that quizzing Miller about her information on Iraqi WMDs is irrelevant to the charges pending against Libby. [Marcy Wheeler, 1/30/2007; Wall Street Journal, 1/31/2007]
'I Just Don't Remember' - The next day, Jeffress continues to aggressively cross-examine Miller. She tells the court she is not completely sure she learned of Plame Wilson’s identity from Libby before she learned it elsewhere, giving Libby’s lawyers an avenue to challenge her memory and her credibility. Miller now says she cannot be “absolutely, absolutely certain” that she first heard about Plame Wilson from Libby. As with earlier government witnesses (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, and January 29, 2007), the defense lawyers challenge Miller’s memory and recollection of events. Jeffress notes that she misspelled Plame Wilson’s name in her notes, identifying her as “Valerie Flame.” Miller shows signs of irritation during the cross-examination, at one point repeating loudly: “I just don’t remember. I don’t remember.” [Marcy Wheeler, 1/30/2007; New York Times, 1/31/2007; Marcy Wheeler, 1/31/2007; New York Times, 2/4/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, Marcy Wheeler, Richard (“Dick”) Cheney, Judith Miller, Theodore Wells, Robert T. Bennett, Jill Abramson, Tim Russert, William Jeffress, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Prosecutor Patrick Fitzgerald enters a copy of New York Times columnist Maureen Dowd’s July 13, 2003 op-ed, “National House of Waffles,” into evidence in the Lewis Libby trial. The copy is heavily marked with notes from Libby. Fitzgerald blacked out most of the column, not because of security concerns, but to focus the jury’s attention on the section at the bottom. He directs the jury’s attention to the section that reads: “When the president attributed the information about Iraq trying to get Niger yellowcake to British intelligence (see 3:09 p.m. July 11, 2003), it was a Clintonian bit of flim-flam. Americans did not know what top Bush officials knew: that this ‘evidence’ could not be attributed to American intelligence because the CIA had already debunked it. [Condoleezza] Rice did not throw out the line, even though the CIA had warned her office that it was sketchy. Clearly, a higher power wanted it in. And that had to be Dick Cheney’s office. Joseph Wilson, former US ambassador to Gabon, said he was asked to go to Niger to answer some questions from the vice president’s office about that episode and reported back that it was highly doubtful” (see July 6, 2003). Libby’s notes read in part, “not us” and “not to us” in response to Dowd’s suggestions that the CIA had debunked the evidence pointing to an Iraqi attempt to obtain Nigerien uranium. [National Public Radio, 3/7/2007; Office of the Special Prosecutor, 5/2007 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Patrick J. Fitzgerald, Maureen Dowd

Timeline Tags: Niger Uranium and Plame Outing

Columnist Byron York, writing for the conservative National Review, writes that two of the five felony counts against Lewis Libby have so little basis in evidence that it is difficult to see how Libby could be found guilty on those charges. York writes that a charge of perjury and a charge of making false statements depend entirely on the testimony of one person, former Time reporter Matthew Cooper, who testified for the prosecution the day before the column is published (see January 31, 2007). York states that both charges rest on a single line of hastily typed notes from Cooper: “had somethine and about the wilson thing and not sure if it’s ever,” and Cooper’s “shaky” testimony. York interprets Cooper’s testimony as indicating he is not now sure what he meant when he typed that line, and is unsure if it applies to the question of whether Libby told him about CIA official Valerie Plame Wilson. Cooper testified that Libby confirmed for him that he had “heard” Plame Wilson was the CIA official who sent her husband, Joseph Wilson, on a fact-finding mission to Niger (see February 21, 2002-March 4, 2002 and July 6, 2003). According to York, Cooper’s testimony before the Fitzgerald grand jury in 2005 (see July 13, 2005) and the snippet of Cooper’s notes “gave the jury all the evidence it would receive on Counts Three and Five of the indictment. Count Three accused Libby of making a false statement to the FBI during interviews on October 14, 2003 and November 26, 2003. That false statement consisted of Libby telling the FBI that when he talked to Cooper, he told Cooper that he, Libby, had been hearing about Mrs. Wilson from reporters. That statement was false, Fitzgerald alleged, because Cooper said it never happened.” York argues that Cooper’s trial testimony does not support his testimony before the grand jury. [National Review, 2/1/2007]

Entity Tags: Joseph C. Wilson, Byron York, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Matthew Cooper

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby’s defense lawyers file a brief with the court arguing that they should be able to present evidence as to Libby’s state of mind during his tenure at the White House even if Libby does not testify on his own behalf. The legal team wants to use what some call a “memory defense”—an assertion that Libby’s workload at the White House was so stressful that he did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004), but merely “misremembered” pertinent facts regarding his involvement in the exposure of Valerie Plame Wilson as a covert CIA official (see January 31, 2006). The lawyers argue that to exclude such evidence, regardless of Libby’s choice to testify or not, would violate his constitutional rights to a fair trial. The brief notes that no decision as to Libby’s testimony has yet been made. [US District Court for the District of Columbia, 2/5/2007 pdf file] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, notes that according to the defense argument, testifying would force Libby to choose between his Fifth Amendment right to remain silent and his Sixth Amendment right to counsel. The brief also states, in a footnote, that while the lawyers had indicated it was “very likely” Libby would testify, no promises were made (see September 22, 2006). And the lawyers say they want to present three separate categories of classified, security-related evidence to prove Libby’s mental confusion: a government statement admitting relevant facts, testimony by members of Vice President Dic Cheney’s staff and perhaps Cheney himself, and some of Libby’s morning briefings. Merritt agrees with Libby’s lawyers in saying that Libby should be able to present some sort of memory defense without having to testify. “The prosecution has admitted a lot of evidence as to his state of mind,” she writes. “He should have the right to present circumstantial evidence refuting it.” She also believes the Libby lawyers are hesitant to put their client on the stand, and that they may be setting up an argument for an appeal if Libby is convicted. Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, observes that Libby’s strongest argument may be his contention that by testifying, he would void his Fifth Amendment rights. She disagrees with Libby’s intention “to introduce reams and reams of national security materials in an attempt to confuse the jury or to overwhelm them,” or to distract the jury from the fact that he and Cheney were determined to discredit administration critic Joseph Wilson. Merritt contends that Judge Reggie Walton should approve of the motion, while Smith argues for its dismissal. Both agree that it is highly risky for the Libby team not to have their client speak before the jury. [Jeralyn Merritt, 2/6/2007; Christy Hardin Smith, 2/6/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Jeralyn Merritt, Valerie Plame Wilson, Christy Hardin Smith, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Author and media observer Eric Boehlert, writing for the progressive media watchdog organization Media Matters, criticizes the majority of mainstream news reporters and publications for failing to report aggressively and even accurately on the Plame Wilson leak investigation. Boehlert writes that special prosecutor Patrick Fitzgerald “has consistently shown more interest—and determination—in uncovering the facts of the Plame scandal than most Beltway journalists, including the often somnambulant DC newsroom of the New York Times. Indeed, for long stretches, the special counsel easily supplanted the timid DC press corps and become the fact-finder of record for the Plame story. It was Fitzgerald and his team of G-men—not journalists—who were running down leads, asking tough questions, and, in the end, helping inform the American people about possible criminal activity inside the White House.” While Fitzgerald had subpoena power, Boehlert admits, reporters often had inside information that they consistently failed to reveal, instead “dutifully keeping their heads down and doing their best to make sure the details never got out about the White House’s obsession with discrediting former Ambassador Joseph C. Wilson IV by outing his undercover CIA wife, Valerie Plame” Wilson. Boehlert writes that if not for Fitzgerald’s dogged investigation, the entire leak story would have “simply faded into oblivion like so many other disturbing suggestions of Bush administration misdeeds. And it would have faded away because lots of high-profile journalists at the New York Times, the Washington Post, Time, and NBC wanted it to.”
'Watergate in Reverse' - “In a sense, it was Watergate in reverse,” Boehlert writes. “Instead of digging for the truth, lots of journalists tried to bury it. The sad fact remains the press was deeply involved in the cover-up, as journalists reported White House denials regarding the Plame leak despite the fact scores of them received the leak and knew the White House was spreading rampant misinformation about an unfolding criminal case.”
Going Along to Avoid Angering White House - Boehlert believes that in the early days of the investigation, most Washington reporters agreed with President Bush, who said that it was unlikely the leaker’s identity would ever be unearthed (see October 7, 2003). Historically, leak investigations rarely produced the leaker. “So if the leakers weren’t going to be found out, what was the point of reporters going public with their information and angering a then-popular White House that had already established a habit for making life professionally unpleasant for reporters who pressed too hard?” Boehlert asks. Now, of course, the press is pursuing the Libby trial for all it’s worth.
Early Instances of Misleading - Boehlert notes a number of instances where media figures either deliberately concealed information they had about who leaked Plame Wilson’s name, or were transparently disingenuous about speculating on the leaker’s identity. ABC reported in July 2005 that “it’s been unknown who told reporters the identity of Valerie Plame” for two years, an assertion Boehlert calls “silly” (see October 3, 2003). The following Washington journalists all had inside information to one extent or another about the case long before the summer of 2005: Robert Novak (see July 8, 2003), Tim Russert (see August 7, 2004), Andrea Mitchell (see July 20, 2003 and July 21, 2003), David Gregory (see 8:00 a.m. July 11, 2003), Chris Matthews (see July 21, 2003), Matthew Cooper (see 11:00 a.m. July 11, 2003), Michael Duffy (see 11:00 a.m. July 11, 2003), John Dickerson (see February 7, 2006), Viveca Novak (see March 1, 2004), Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), and Bob Woodward (see June 13, 2003). Had they come forward with the information they had, the identity of the various White House leakers would have been revealed much sooner. “[B]ut none of them did,” Boehlert writes. “Instead, at times there was an unspoken race away from the Bush scandal, a collective retreat that’s likely unprecedented in modern-day Beltway journalism.”
Cheerleading for Bush - Many journalists without inside information were openly cheering for the Bush administration and against the investigation, Boehlert contends. They included the New York Times’s Nicholas Kristof (see October 1, 2003 and October 25, 2005), Newsweek’s Evan Thomas (see October 1, 2003 and November 7, 2005), Washington Post columnist Richard Cohen (see October 13, 2005 and January 30, 2007), fellow Post columnist Michael Kinsley (see October 28, 2005 and January 31, 2007), Slate editor Jacob Weisberg (see October 18, 2005), and Post columnist David Broder (see July 10, 2005 and September 7, 2006). Author and liberal blogger Marcy Wheeler, in her book on the Plame affair entitled Anatomy of Deceit, wrote that in her view, the media was attempting to “mak[e] the case that the press should retain exclusive judgment on the behavior of politicians, with no role for the courts.”
Fighting to Stay Quiet during the Election Campaign - Many journalists tried, and succeeded, to keep the story quiet during the 2004 presidential election campaign. Matthew Cooper refused to testify before Fitzgerald’s grand jury until mid-2005, when he asked for and was granted a waiver from Karl Rove to reveal him as the source of his information that Plame Wilson was a CIA agent (see July 13, 2005). Boehlert notes that Cooper’s bosses at Time decided to fight the subpoena in part because they “were concerned about becoming part of such an explosive story in an election year” (see July 6, 2005).
Russert, NBC Withheld Information from Public - Russert also withheld information from Fitzgerald, and the American public, until well after the November 2004 election. Boehlert notes that Russert “enjoyed a very close working relationship with Libby’s boss, Cheney,” and “chose to remain silent regarding central facts.” Russert could have revealed that in the summer of 2004, he had told Fitzgerald of his conversation with Libby during the summer of 2003 (see August 7, 2004). Libby had perjured himself by telling Fitzgerald that Russert had told him of Plame Wilson’s CIA status, when in reality, the reverse was true (see March 24, 2004). Instead, Russert testified that he and Libby never discussed Plame Wilson’s identity during that conversation, or at any other time. But neither Russert nor his employer, NBC News, admitted that to the public, instead merely saying that Libby did not reveal Plame Wilson’s identity to Russert (see August 7, 2004). Boehlert writes, “But why, in the name of transparency, didn’t the network issue a statement that made clear Russert and Libby never even discussed Plame?”
Woodward's Involvement - Washington Post editor Bob Woodward, an icon of investigative reporting (see June 15, 1974), told various television audiences that Fitzgerald’s investigation was “disgraceful” and called Fitzgerald a “junkyard prosecutor” (see October 27, 2005), and said the leak had not harmed the CIA (see July 14, 2003, July 21, 2003, September 27, 2003, October 3, 2003, October 22-24, 2003, and October 23-24, 2003). Woodward predicted that when “all of the facts come out in this case, it’s going to be laughable because the consequences are not that great” (see July 7, 2005). While Woodward was disparaging the investigation (see July 11, 2005, July 17, 2005, and October 28, 2005), he was failing to reveal that he himself had been the recipient of a leak about Plame Wilson’s identity years before (see June 13, 2003, June 23, 2003, and June 27, 2003), which, Boehlert notes, “meant Woodward, the former sleuth, had been sitting been sitting on a sizeable scoop for more than two years.” Boehlert continues: “If at any point prior to the Libby indictments Woodward had come forward with his information, it would have been politically devastating for the White House. Instead, Woodward remained mum about the facts while publicly mocking Fitzgerald’s investigation.”
Conclusion - Boehlert concludes: “Regardless of the outcome from the Libby perjury case, the trial itself will be remembered for pulling back the curtain on the Bush White House as it frantically tried to cover up its intentional effort to mislead the nation to war. Sadly, the trial will also serve as a touchstone for how the Beltway press corps completely lost its way during the Bush years and became afraid of the facts—and the consequences of reporting them.” [Media Matters, 2/6/2007]

Entity Tags: David Gregory, David Broder, Richard Cohen, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Steve Soto, Tim Russert, Time magazine, Viveca Novak, Andrea Mitchell, Nicholas Kristof, Bob Woodward, Washington Post, Bush administration (43), New York Times, Robert Novak, Michael Kinsley, Chris Matthews, Jacob Weisberg, George W. Bush, Evan Thomas, Eric Boehlert, John Dickerson, Joseph C. Wilson, NBC News, Karl C. Rove, Marcy Wheeler, Matthew Cooper, Lewis (“Scooter”) Libby, Media Matters, Michael Duffy, Judith Miller

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Artist’s sketch of Tim Russert testifying in the Libby trial.Artist’s sketch of Tim Russert testifying in the Libby trial. [Source: Art Lien / CourtArtist (.com)]NBC Washington bureau chief Tim Russert testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), following almost three days of videotaped testimony from Libby (see February 7, 2007). Russert’s testimony is virtually identical to statements he previously made to an FBI investigator (see November 24, 2003) and to the Plame Wilson grand jury (see August 7, 2004).
Never Discussed Plame Wilson with Libby - Questioned by prosecutor Patrick Fitzgerald, Russert contradicts Libby’s 2004 testimony, where Libby said he learned of CIA officer Valerie Plame Wilson’s identity from Russert in July 2003 (see March 5, 2004 and March 24, 2004). Russert says that in July 2003 he spoke with Libby, who complained about MSNBC news anchor Chris Matthews’s coverage of the Iraq war (see July 10 or 11, 2003). Libby testified that at the end of that phone call, Russert broached the subject of war critic Joseph Wilson and told him that Wilson’s wife worked for the CIA, saying, “[A]ll the reporters know” that Plame Wilson is a CIA officer. Russert tells the jury: “That would be impossible. I didn’t know who that person was until several days later.” He adds: “If he had told me [Plame Wilson’s identity], I would have asked him how he knew that, why he knew that, what is the relevance of that. And since [it was] a national security issue, my superiors [would] try to pursue it.”
Cross-Examination Focuses on Faulty Recollections - Libby’s lawyer, Theodore Wells, is skeptical of Russert’s denial. “You have the chief of staff of the vice president of the United States on the telephone and you don’t ask him one question about it?” he asks. “As a newsperson who’s known for being aggressive and going after the facts, you wouldn’t have asked him about the biggest stories in the world that week?” Russert replies, “What happened is exactly what I told you.” Wells cites a transcript of Russert’s initial testimony before the FBI, in which he said he could not rule out discussing Plame Wilson with Libby. Russert says he doesn’t believe that is what he told the FBI. Wells asks, “Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby?” Russert attempts to answer, saying, “As I’ve said, sir…” but Wells cuts him off, saying, “It’s a yes or no question.” Russert responds, “I’d like to answer it to the best of my ability.” Wells says: “This is a very simple question. Either it’s in the affidavit or it’s not. Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?” Russert answers, “No” (see Late February or Early March, 2004). Wells attempts to raise questions about Russert’s ethics and credibility, and implies that Russert wanted to see Libby face charges. In follow-up questioning, Fitzgerald asks Russert, “Did you take joy in Mr. Libby’s indictment?” Russert replies: “No, not at all. And I don’t take joy in being here” in the courtroom as a witness. During the second day of Russert’s testimony, defense lawyers ask why Russert told the FBI about his conversation with Libby, but said he would not testify if subpoenaed; Russert says he viewed the FBI conversation and the subpoena differently. During redirect, Fitzgerald notes that during Libby’s grand jury testimony, Libby claimed that he had indeed learned of Plame Wilson’s identity from his then-boss, Vice President Dick Cheney, but had forgotten about it, and when Russert told him about Plame Wilson’s CIA status, it was as if it were new information to him (see February 6, 2007). [FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; CNN, 2/8/2007; New York Times, 2/9/2007; Associated Press, 2/9/2007; MSNBC, 2/12/2007; MSNBC, 2/21/2007] The Associated Press writes: “Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.” [Associated Press, 2/9/2007]
Potential Mistrial Averted - The jurors are not supposed to read about the trial in the press or watch television coverage of it; resultingly, they are provided newspapers with the pertinent information scissored out. As the jurors enter the courtroom for Russert’s second day of testimony, Judge Reggie Walton notes that they were given newspapers with a Washington Post article, headlined “Tim Russert on the Uncomfortable Side of a Question,” unredacted. A juror brought the newspaper to the attention of the marshals immediately upon receipt of it, and no juror admits to having read it. Walton rules that no harm has been done, and a potential mistrial is averted. [FireDogLake, 2/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, NBC News, Reggie B. Walton, Joseph C. Wilson, Richard (“Dick”) Cheney, Chris Matthews, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Special Counsel Patrick Fitzgerald rests the prosecution’s case against Lewis “Scooter” Libby (see January 16-23, 2007) after 11 days of trial and 10 witnesses. [CBS News, 1/25/2007; MSNBC, 2/21/2007] The prosecution’s case ends with the introduction of a previously stipulated deposition by Debbie Heiden, Vice President Dick Cheney’s executive assistant. Heiden said in the deposition that she was assigned to search for documents on October 3, 2003, relating to the Valerie Plame Wilson identity leak investigation (see September 26, 2003), and found a document that is now filed as Government Exhibit 402. Cheney’s office turned over the document four days later. The document, an annotated copy of Joseph Wilson’s op-ed “What I Didn’t Find in Africa” (see July 6, 2003), contains Cheney’s handwritten notations (see May 14, 2006). The prosecution also submits a number of newspaper articles into evidence. [FireDogLake, 2/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Joseph C. Wilson, Debbie Heiden

Timeline Tags: Niger Uranium and Plame Outing

An investigation by the Defense Department’s Office of Inspector General finds that the Pentagon’s Office of Special Plans (OSP) (see Shortly After September 11, 2001) inappropriately produced “alternative” intelligence reports that falsely concluded that Saddam Hussein’s regime had collaborated with al-Qaeda. The report says, “We believe the actions were inappropriate because a policy office was producing intelligence products and was not clearly conveying to senior decision-makers the variance with the consensus of the intelligence community.” The report cites a July 2002 memo (see July 25, 2002) issued by the OSP that had taken issue with the intelligence community’s view that Iraq would not work with Islamic extremists. The inspector general says that as an alternative view, the memo should have been developed in accordance with the appropriate intelligence agency guidelines. But the report also says that the unit did nothing illegal. The inspector general’s investigation had been requested by Senator Carl Levin (D-MI) on September 22, 2005. [US Department of Defense, 2/9/2007 pdf file; New York Times, 2/9/2007; McClatchy Newspapers, 2/9/2007; Associated Press, 2/10/2007] Responding to the report’s conclusions, Senator Jay Rockefeller (D-WV) says in a statement that the Pentagon intelligence unit’s activities may have violated the 1947 National Security Act. The act “requires the heads of all departments and agencies of the US government involved in intelligence activities ‘to keep the congressional oversight committees informed,’” Rockefeller says. “The IG has concluded that [Feith’s] office was engaged in intelligence activities. The Senate Intelligence Committee was never informed of these activities. Whether these actions were authorized or not, it appears that they were not in compliance with the law.” [McClatchy Newspapers, 2/9/2007]

Entity Tags: Office of the Inspector General (DoD), Douglas Feith, John D. Rockefeller, Office of Special Plans

Timeline Tags: Events Leading to Iraq Invasion

As the Libby legal team prepares to put on its defense, the New York Times publishes an admiring profile of Lewis Libby’s lead attorney, Theodore Wells. The headline calls Wells “tough but deft,” and introduces him as “a celebrated defense lawyer with a reputation for a sure and supple touch with criminal juries.” The profile, written by reporters Neil Lewis and David Johnston, is based on an interview with one of Wells’s former clients, former Agriculture Secretary Michael Espy. Wells successfully defended Espy against a 30-count indictment of accepting illegal gifts during his tenure in the Clinton administration. The profile also quotes Wells’s legal partner in the Espy case, Reid Weingarten, who says of Wells: “The real truth about Ted is that it’s not about the flash, the geniality, and the big smile. He is a prodigious worker. He loves facts. No one outworks him. No one.” Former federal prosecutor Andrew Luger, who faced Wells in 1991, says Wells is “able to navigate complex issues in a way that made them very understandable to a lay jury.… He was able to do something that not all trial lawyers can do. He can present himself as personally easygoing and yet be very commanding.” The profile notes Wells’s “tall and athletic bearing,” his “skill as a communicator” during his opening statement (see January 23, 2007), and his ability to “strik[e] notes of anger, incredulity, and wounded innocence on behalf of” Libby. The reporters compare him to prosecutor Patrick Fitzgerald, portraying the government’s chief lawyer in the trial as “methodical [and] unemotional.” The reporters also praise Wells’s partner in the trial, William Jeffress, citing Jeffress’s “clarinet-smooth drawl to suggest his disbelief of accounts of several of the prosecution witnesses he has cross-examined, among them Judith Miller, the former New York Times reporter” (see January 30-31, 2007 and January 31, 2007). Towards the end of the profile, the reporters note that Wells was unsuccessful in at least one instance of attempting to slow the pace of the trial (see January 25-29, 2007). [New York Times, 2/10/2007]

Entity Tags: Neil Lewis, Andrew Luger, David Johnston, Michael Espy, Patrick J. Fitzgerald, Theodore Wells, New York Times, William Jeffress, Judith Miller, Reid Weingarten

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

In this courtoom sketch, Lewis Libby, at right, watches Robert Novak testify.In this courtoom sketch, Lewis Libby, at right, watches Robert Novak testify. [Source: Art Lien / NBC News]Conservative columnist Robert Novak, who publicly outed covert CIA official Valerie Plame Wilson (see July 14, 2003), testifies in the Lewis Libby perjury and obstruction trial. He is questioned by lead defense attorney Theodore Wells. Like his colleague Bob Woodward (see February 12, 2007), Novak testifies that he learned of Plame Wilson’s CIA status from former State Department official Richard Armitage (see July 8, 2003). He tells the court that both Armitage and White House official Karl Rove have given him permission to disclose their identities as his sources, and to discuss the content of their conversations. Novak says his conversation with Armitage was understood to be entirely on background, and he did not take notes or record the conversation. “I assumed I could write what he said, but I wouldn’t be able to identify him,” he says. Novak testifies, “I had no help and no confirmation from Mr. Libby” concerning Plame Wilson (see July 14, 2003), and notes that he had already decided to write about former ambassador Joseph Wilson’s trip to Niger when he spoke to Armitage (see February 21, 2002-March 4, 2002). He goes on to call Wilson “obnoxious.” [USA Today, 2/12/2007; Associated Press, 2/12/2007; Marcy Wheeler, 2/12/2007; Marcy Wheeler, 2/12/2007; National Review, 2/13/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]

Entity Tags: Theodore Wells, Karl C. Rove, Lewis (“Scooter”) Libby, Joseph C. Wilson, Bob Woodward, Richard Armitage, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Jill Abramson (left) testifies under questioning by defense counsel William Jeffress, as lawyers look on.Jill Abramson (left) testifies under questioning by defense counsel William Jeffress, as lawyers look on. [Source: Art Lien / Court Artist (.com)]New York Times managing editor Jill Abramson testifies for the defense in the Lewis Libby perjury and obstruction trial. Abramson, who served as one of former Times reporter Judith Miller’s supervisors, says that she cannot confirm elements of Miller’s testimony (see January 30-31, 2007 and January 31, 2007). Miller told the court that after speaking with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) , she went to Abramson and suggested that the Times look into the question of whether Valerie Plame Wilson sent her husband, Joseph Wilson, on a CIA-sponsored trip to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Defense attorney William Jeffress asks, “Did Judith Miller come to you to recommend the New York Times pursue a story about whether Ambassador Joe Wilson’s wife worked for the CIA?” Abramson replies, “I have no recollection of such a conversation.” [Associated Press, 2/13/2007; Marcy Wheeler, 2/13/2007] Abramson, who testifies for less than five minutes, says, “It’s possible I occasionally tuned her out,” and reiterates she has no memory of speaking to Miller about Plame Wilson. [New York Times, 2/13/2007]

Entity Tags: New York Times, Jill Abramson, Joseph C. Wilson, Lewis (“Scooter”) Libby, Valerie Plame Wilson, William Jeffress, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

With one exception, the jury comes to the courtroom wearing red Valentine’s Day T-shirts.With one exception, the jury comes to the courtroom wearing red Valentine’s Day T-shirts. [Source: Art Lien / Court Artist (.com)]The defense in the Lewis Libby trial (see January 16-23, 2007) rests after a speech by defense attorney John Cline, who tells jurors about Libby’s briefings on terrorist threats, bomb scares, insurgent attacks, and other issues. [ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007; MSNBC, 2/21/2007]
Jury Intends to 'Act Independently' - In the spirit of Valentine’s Day, the jurors all enter the courtroom wearing identical red shirts with white hearts on the chests (one juror, an art historian and former museum curator, is not so attired). Juror 1432, whose name is not available to the press, stands up and says to Judge Reggie Walson, “We wanted to express our appreciation to you for our comfort and our safety thanks to the marshals.” The juror then adds: “This is where our unity ends.… We are committed to act independently… and base our decision on an independent basis.” Judge Reggie Walton calls the jurors “conscientious” and thanks them for their service. [ABC News, 2/14/2007; Associated Press, 2/14/2007; New York Sun, 2/15/2007] Court artist Art Lien predicts that the one juror who refuses to wear the red T-shirt will “surely [be] the likely holdout when it comes to a verdict.” [Art Lien, 2/14/2007]
Judge Denies Request to Recall Reporter - Walton denies a defense request to recall NBC reporter Tim Russert (see February 7-8, 2007). When Russert, who has a law degree, testified for the prosecution, he said he did not know that a witness could have a lawyer present during his testimony before prosecutor Patrick Fitzgerald (see November 24, 2003) and August 7, 2004). The defense has three video clips from Russert’s broadcasts during the investigation of the Clinton-Lewinsky affair that indicate he did know witnesses could have lawyers present. Russert was not forced to testify before the grand jury (see August 9, 2004), and the defense argues that he was given favorable treatment by special counsel Patrick Fitzgerald. Had Walton allowed the clips into evidence, he would have allowed the defense to recall Russert to explain the inconsistencies. “It does touch on his credibility,” Walton says. “His credibility, it seems to me, is crucial to this case. He’s probably, if not the most important, one of the most important witnesses.” Lead defense attorney Theodore Wells also argues that Russert misrepresented himself during the investigation, saying, “He went around the country telling people he was this great protector of the First Amendment,” when in fact he had cooperated with the probe. “It was totally kept out of the public record and Mr. Russert took great advantage of that.” But Walton eventually agrees with Fitzgerald, who says Libby’s attorneys already had five hours of cross-examination with Russert after 15 minutes of testimony, and because they were apparently unsuccessful in shaking his credibility, they want a “do over.” Fitzgerald says it does not matter to the case what Russert knew about grand jury procedure, and therefore he should not be recalled. Walton agrees, saying, “It’s a totally, wholly collateral matter.” [Associated Press, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007]
Denies Request to Admit Classified Evidence - Walton also reiterates his refusal to allow Libby’s former CIA briefers to testify on his behalf (see February 13-14, 2007). Walton says he had decided to allow the defense to enter a large number of classified documents into evidence to prove Libby’s daily workload and bolster his “memory defense” (see January 31, 2006) because he understood Libby would testify in court and subject himself to cross-examination by the prosecution; since Libby is declining to testify (see February 13-14, 2007), Walton rules he will not allow the material to be entered into evidence. “This seeks to get Mr. Libby’s statement [that he did not lie about his knowledge of Valerie Plame Wilson’s CIA status, he merely “misremembered” it when testifying to the FBI and the grand jury] in through the back door without opening him up to cross-examination.… I just don’t buy that, counsel. I don’t think you can play coy by suggesting Mr. Libby is going to testify” and then hold the government to the deal without putting Libby on the stand. “It was absolutely understood from everything that was said to me that Mr. Libby was going to testify.” Defense lawyers should not be able to use the pretrial process for handling classified information to force disclosures based on a particular defense and then use that information in a different way, Walton says. “It’s too much of a game now. This is supposed to be about finding the truth. I won’t permit it.” The defense protests, saying the decision violates Libby’s Fifth and Sixth Amendment rights. Walton shakes his head in refusal and says, “If I get reversed [on appeal] on this one, maybe I have to hang up my spurs.” [ABC News, 2/14/2007; US District Court for the District of Columbia, 2/14/2007; US District Court for the District of Columbia, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007; BBC, 7/3/2007]
Stipulation Read into Evidence - Before the defense rests, the lawyers read a stipulation (a statement of fact agreed to by both sides) from former FBI agent John Eckenrode, who led the FBI’s initial leak investigation (see September 26, 2003). Eckenrode’s statement focuses on a report he wrote concerning two occasions of his speaking to Russert about the leak (see November 24, 2003 and August 7, 2004). Russert testified during the trial that Eckenrode had contacted him to discuss statements in which Libby said he had learned about Plame Wilson from Russert (see February 7-8, 2007). Eckenrode’s statement says Russert told him he had one or possibly two conversations with Libby on or around July 10, 2003, but couldn’t remember all the details. Eckenrode stipulates that Russert “[d]oes not recall saying anything about the wife of Ambassador Wilson.… Although he could not rule out the possibility he had such an exchange, Russert was at a loss to remember it.” The defense hopes this statement helps bolster Libby’s “memory defense” (see January 31, 2006). [ABC News, 2/14/2007]
Testimony Phase Concludes - Fitzgerald does not call rebuttal witnesses, merely reading a brief rebuttal statement noting that Plame Wilson had worked at the CIA’s Counterproliferation Division (CPD) at CIA headquarters in Langley, Virginia. Walton then tells the jury, “All of the evidence has now been presented in this case.” The defense rests its case after only two days of witness testimony over three days, whereas the prosecution’s case spanned 11 days. [CBS News, 1/25/2007; ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007]
Defense Lawyer Says Decision for Libby, Cheney Not to Testify Was His Own - After the jury is dismissed for the day, Wells tells the judge that it was his decision not to have either Libby or Vice President Dick Cheney testify (see February 13-14, 2007). “It was my recommendation,” he says. “I had the vice president on hold right up to the last minute. [H]e had his schedule open.” Wells says the defense began to reverse its initial intention to put Libby on the stand when the government turned over evidence that could undermine the testimony of some prosecution witnesses. He cites the grant of immunity to former White House press secretary Ari Fleischer, another Plame Wilson identity leaker (see February 13, 2004). “The canvas and the landscape radically changed” after the defense learned more about the government witnesses, Wells says. The defense does not believe the prosecution has proved beyond a reasonable doubt that Libby perjured himself before FBI investigators and a grand jury. Wells says: “There’s no box on the verdict sheet that says ‘innocent’ or ‘you didn’t tell the whole story.’ The box says ‘guilty’ or ‘not guilty.’” Ultimately, Wells says, “We have to make decisions on our client’s best interest.” The trial now moves to closing arguments and then jury deliberations leading to a verdict. [ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007]

Entity Tags: Art Lien, Ari Fleischer, John Cline, Valerie Plame Wilson, Tim Russert, John Eckenrode, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Reggie B. Walton, Theodore Wells

Timeline Tags: Niger Uranium and Plame Outing

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

Accuracy in Media logo.Accuracy in Media logo. [Source: Accuracy in Media] (click image to enlarge)Roger Aronoff writes a press release about the Lewis Libby trial for the conservative media watchdog organization Accuracy in Media (AIM). Aronoff agrees with the defense’s decision not to allow Libby or Vice President Dick Cheney to testify (see February 13-14, 2007), calling the prosecution’s case “surprisingly thin” and noting that the defense’s goal is to get Libby acquitted, “not put on a show for [MSNBC news pundits] Keith Olbermann, Chris Matthews, and the left-wing blogs.” Aronoff castigates the mainstream news media for being too aggressive in reporting on the Valerie Plame Wilson identity leak and the accusations of White House involvement, saying instead that the media was not only sloppy and imprecise in its reporting, but it should have been far more willing to present the government’s assertions that it was merely defending itself against unfounded allegations by “left-wing” war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Aronoff accepts the defense’s argument that Libby knew of Plame Wilson’s identity from Cheney, forgot it, and “relearned it” from NBC reporter Tim Russert, thereby rendering charges that he perjured himself in his FBI and grand jury testimonies groundless (see February 6, 2007). Aronoff attacks the journalists who testified about their contacts with Libby, and saves his heaviest criticisms for Russert, whom he says was “embarrassed” by what Aronoff says was the destruction of his credibility during cross-examination (see February 7-8, 2007). Aronoff concludes that special counsel Patrick Fitzgerald “scapegoated” Libby because of Fitzgerald’s inability to bring charges against anyone for the actual leak of Plame Wilson’s identity, and expects Libby to be either acquitted or the jury to “hang,” causing a mistrial. But the trial was really about giving “left-wing” media critics such as Matthews “a vehicle to once again claim that the war was based on lies and misrepresentations. This trial was to be their chance to further undermine the Bush administration.” [Accuracy in Media, 2/16/2007]

Entity Tags: Patrick J. Fitzgerald, Bush administration (43), Accuracy in Media, Chris Matthews, Lewis (“Scooter”) Libby, Joseph C. Wilson, Roger Aronoff, Keith Olbermann, Richard (“Dick”) Cheney, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Victoria Toensing, a former deputy assistant attorney general in the Reagan administration, writes an op-ed for the Washington Post structured to imitate a legal indictment. Toensing asks if anyone can explain “why Scooter Libby is the only person on trial in the Valerie Plame [Wilson] leak investigation?” (The Washington Post, which publishes the op-ed, does not disclose Toensing’s own ties to Libby’s defense—see March 23, 2005. [Washington Post, 2/18/2007] Neither does it disclose the longtime personal relationship between Toensing, her husband Joseph DiGenova, and columnist Robert Novak, who outed Plame Wilson—see July 14, 2003. [Wilson, 2007, pp. 292] Neither does it disclose Toensing’s frequent criticisms of the investigation, including her position that the CIA and/or Joseph Wilson is responsible for outing Plame Wilson, and her belief that the entire trial is invalid (see November 2-9, 2005, November 3, 2005, November 7, 2005, and September 15, 2006).) Toensing dismisses the arguments laid out by special prosecutor Patrick Fitzgerald that Libby, the former chief of staff to Vice President Dick Cheney, lied to grand jurors (see March 5, 2004 and March 24, 2004) in order to keep secret a White House conspiracy to besmirch the reputation of White House critic Joseph Wilson (see July 6, 2003). Toensing calls the Libby indictment a “he said, she said” case based on conflicting testimony from other people. She proceeds to lay out her own “indictments”:
Patrick Fitzgerald - for “ignoring the fact that there was no basis for a criminal investigation from the day he was appointed,” for “handling some witnesses with kid gloves and banging on others with a mallet,” for “engaging in past contretemps with certain individuals that might have influenced his pursuit of their liberty, and with misleading the public in a news conference because… well, just because.” Toensing argues that Fitzgerald should have known from the outset that Plame Wilson was never a covert agent, and if he didn’t, he could have merely asked the CIA. Toensing writes, “The law prohibiting disclosure of a covert agent’s identity requires that the person have a foreign assignment at the time or have had one within five years of the disclosure, that the government be taking affirmative steps to conceal the government relationship, and for the discloser to have actual knowledge of the covert status.” Toensing is grossly in error about Plame Wilson’s covert status (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006). She also insinuates that Fitzgerald has two conflicts of interest: one in prosecuting Libby, as Fitzgerald investigated the Clinton-era pardon of financier Marc Rich, who was represented by Libby, and another in moving to jail reporter Judith Miller for refusing to provide evidence (see July 6, 2005) because Fitzgerald had subpoenaed Miller’s phone records for another, unrelated prosecution. Toensing questions Fitzgerald’s grant of immunity to former White House press secretary Ari Fleischer (see January 29, 2007), and complains that Fitzgerald allowed NBC News bureau chief Tim Russert to be interviewed with his lawyer present (see August 7, 2004), while columnist Robert Novak “was forced to testify before the grand jury without counsel present.” She concludes by accusing Fitzgerald of “violating prosecutorial ethics by discussing facts outside the indictment during his Oct. 28, 2005, news conference” (see October 28, 2005).
The CIA - “for making a boilerplate criminal referral to cover its derriere.” The Intelligence Identities Protection Act (IIPA), which Toensing helped negotiate in 1982, was never violated, she asserts, because Plame Wilson was never a covert agent. Instead of handling the issue internally, Toensing writes, the CIA passed the responsibility to the Justice Department by sending “a boiler-plate referral regarding a classified leak and not one addressing the elements of a covert officer’s disclosure.”
Joseph Wilson - for “misleading the public about how he was sent to Niger, about the thrust of his March 2003 oral report of that trip, and about his wife’s CIA status, perhaps for the purpose of getting book and movie contracts.” Toensing writes that Wilson appeared on Meet the Press the same day as his op-ed was published in the New York Times, and told host Andrea Mitchell, “The Office of the Vice President, I am absolutely convinced, received a very specific response to the question it asked and that response was based upon my trip there.” Toensing accepts Cheney’s denial of any involvement in Wilson’s trip and his denial that he was ever briefed on Wilson’s findings. Toensing argues that Wilson lied when he told other reporters that he was sent to Niger because of his “specific skill set” and his connections in the region (see February 21, 2002-March 4, 2002), and not because his wife sent him (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Toensing uses portions of the Senate Intelligence Committee report to bolster her claim (see June 11, 2003 and July 9, 2004). She also challenges Wilson’s assertions that his oral report on his trip was not classified (see March 4-5, 2002, (March 6, 2002), March 8, 2002, and March 5, 2002). And she accuses Wilson of “play[ing] coy” about his wife’s CIA status.
The Media - for “hypocrisy in asserting that criminal law was applicable to this ‘leak’ and with misreporting facts to wage a political attack on an increasingly unpopular White House.” Major newspapers have “highfalutin’, well-paid” lawyers who should have known better than to let their clients call for special investigations into the Plame Wilson leak. The media has consistently “display[ed] their prejudice in this case.”
Ari Fleischer - “because his testimony about conversations differs from reporters’ testimony, just as Libby’s does.” Fleischer testified under oath that he revealed Plame Wilson’s identity to two reporters, Time’s John Dickerson and NBC’s David Gregory (see 8:00 a.m. July 11, 2003). Dickerson denies it and Gregory refuses to comment. Fleischer testified he did not tell the Washington Post’s Walter Pincus about Plame Wilson’s identity, contradicting Pincus’s own testimony that Fleischer did, indeed, ask repeatedly about the Wilsons (see January 29, 2007 and February 12, 2007). Because Fleischer “contradicted Pincus as materially as Libby contradicted Russert or Time’s Matthew Cooper,” he should be indicted as well. Instead, Fitzgerald gave Fleischer immunity in return for his testimony (see February 13, 2004). In that case, Toensing argues, Fitzgerald should indict Pincus insamuch as his testimony differs from Fleischer’s.
Former Deputy Secretary of State Richard Armitage - for not publicly revealing that he was perhaps the first to leak Plame Wilson’s name to the press (see June 13, 2003 and July 8, 2003). Armitage also discussed his FBI interview with his then-subordinate, Marc Grossman, the night before Grossman was due to meet with FBI investigators (see June 10, 2003).
The US Justice Department - for “abdicating its legal and professional responsibility by passing the investigation off to a special counsel out of personal pique and reasons of ambition.” Both then-Attorney General John Ashcroft and his deputy, James Comey, could have asked the CIA to confirm Plame Wilson’s covert status, Toensing writes. She also insinuates that Comey acted improperly in giving the investigation to Fitzgerald, “a former colleague and one of his best friends.” [Washington Post, 2/18/2007]
Refutation - Toensing’s arguments are refuted by former CIA agent Larry Johnson, who accuses Toensing of attempted jury tampering (see February 18, 2007).

Entity Tags: John Dickerson, Valerie Plame Wilson, US Department of Justice, Victoria Toensing, Walter Pincus, John Ashcroft, David Gregory, Andrea Mitchell, Ari Fleischer, Central Intelligence Agency, Tim Russert, Senate Intelligence Committee, Washington Post, Richard Armitage, Larry C. Johnson, Lewis (“Scooter”) Libby, Judith Miller, Joseph C. Wilson, Joseph diGenova, James B. Comey Jr., Robert Novak, Matthew Cooper, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Marc Rich, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (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). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

Entity Tags: Matthew Cooper, Peter Zeidenberg, Theodore Wells, Robert Novak, Valerie Plame Wilson, Tim Russert, Marc Grossman, Robert Grenier, Lewis (“Scooter”) Libby, Frederick Fleitz, Judith Miller, Bush administration (43), Bill Harlow, Ari Fleischer, Catherine (“Cathie”) Martin, Craig Schmall, David S. Addington, Joseph C. Wilson, Federal Bureau of Investigation, Deborah Bond, Karl C. Rove, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Lead prosecutor Patrick Fitzgerald delivers the rebuttal to the defense’s closing argument (see 11:00 a.m. February 20, 2007) in the final stage of the Lewis Libby perjury trial. Fitzgerald is transformed in his rebuttal, from the dispassionate, methodical presence he has displayed throughout the trial into a figure of outrage and scorn. He virtually leaps from his seat to rebut the defense’s argument, shouting: “Madness! Madness! Outrageous!” Tightening up somewhat, he tells the jury that in the defense’s characterization, “The government has brought a case about two witnesses, two phone calls. And they just want you to speculate. The defense wishes that were so. Saying it loudly, pounding the table, doesn’t change the facts. Let’s talk about the facts. Let’s get busy.” [Marcy Wheeler, 2/20/2007; Salon, 2/22/2007] Progressive blogger Jane Hamsher, who is present in the courtroom, describes Fitzgerald’s rebuttal as “lacerating and precise, speaking so quickly that the court reporter couldn’t catch up. His command of the material was a bit daunting, able to recall voluminous evidentiary document numbers simply by looking at some chart in his own brain.” [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Nine Versus One - The case is anything but a “he said, she said” situation, as defense attorney Theodore Wells characterized it during his portion of the closing argument. It is, Fitzgerald says, about nine different people having one version of events, and Libby alone with a markedly different version. Fitzgerald focuses on NBC reporter Tim Russert, whom the defense spent a lavish amount of time and attention attempting to discredit. Instead of Russert being such an impeachable witness, Fitzgerald says, “I’ll tell you that Russert alone can give you proof beyond reasonable doubt.” And even without Russert’s testimony, there is plenty of evidence to convict Libby of perjury and obstruction. Fitzgerald refutes Wells’s contention that all of the prosecution witnesses had faulty memories, telling the jury: “I submit you can’t believe that nine witnesses remembered 10 conversations exactly the same wrong way.… It’s not one on one. It’s not, ‘He said, she said.’ Nine witnesses can’t all misremember.” He addresses the defense’s contention that Valerie Plame Wilson was not important, calling that characterization a “myth” and stating that to the Bush administration, “she wasn’t a person, she was an argument, she was a fact to use against [her husband Joseph] Wilson.” Fitzgerald quickly runs through the prosecution’s structure of events as laid down by its current and former administration witnesses and even some defense witnesses. The documents entered into evidence corroborate the prosecution’s contention that to Libby and his boss Vice President Dick Cheney, both Wilson and Plame Wilson were “hugely important.” Libby was “wrapped around the issue of who told him. He’s wrapped himself around the issue of Valerie Wilson.” [Marcy Wheeler, 2/20/2007]
'Cloud over the Vice President' - Fitzgerald focuses on Cheney, saying: “There is a cloud over the vice president. He wrote on those columns. He had those meetings. He sent Libby off to the meeting with Judith Miller where Plame was discussed. That cloud remains because the defendant obstructed justice. That cloud is there. That cloud is something that we just can’t pretend isn’t there.” Libby was “not supposed to be talking to other people,” Fitzgerald says. “The only person he told is the vice president.… Think about that.” [Marcy Wheeler, 2/20/2007; Salon, 2/22/2007; Murray Waas, 12/23/2008] Plame Wilson will later write, “He suggested that [Cheney] was, at a minimum, complicit with Libby in the leak of my name.” [Wilson, 2007, pp. 293]
Defense Objection - Fitzgerald lists example after example of Libby’s memory being far better than the defense describes. In the process, he tells the jury that Libby must have known Plame Wilson’s role at the CIA was important, and therefore something he was unlikely to forget, because he was “discussing something with people that could lead to people being killed.… If someone is outed, people can get in trouble overseas. They can get arrested, tortured, or killed.” Fitzgerald’s implication is clear: Plame Wilson was a covert agent. The defense objects, citing Judge Reggie Walton’s ruling that neither the prosecution nor defense will refer to Plame Wilson’s covert status. Fitzgerald tells the jurors they should think about the “people being killed” scenario to understand Libby’s “state of mind,” but they should not draw any conclusions about “whether it’s true or false.” [Marcy Wheeler, 2/20/2007; National Review, 2/21/2007; New York Sun, 2/21/2007]
No Conspiracy, Just Lies - The things Libby remembered best were the things we all remember best, Fitzgerald says: items that are unique, items that are important, and items that make you angry. The Plame Wilson identity issue, he says, was all three to Libby. His memory did not let him down. Instead, Fitzgerald says, Libby lied under oath. “He made his bet, planted his feet, and stuck. From then on he told the same story.” There is no conspiracy to scapegoat Libby, he reiterates (see January 23, 2007). There is just Libby, lying to protect his job and his freedom from imprisonment. “You know you’re not surprised on Thursday, if you gave it out Monday and Tuesday, you weren’t surprised.”
Conclusion - “Don’t you think the American people are entitled to answers?” Fitzgerald asks. “Don’t you think the FBI deserves straight answers?… He threw sand in the eyes of the FBI. He stole the truth of the judicial system. You return a verdict of guilty and you give the truth back.” [Marcy Wheeler, 2/20/2007]
Judge Instructs Jury on Fitzgerald's Argument - After Fitzgerald concludes, Walton tells the jury: “I’m going to give you another cautionary. The truth of whether someone could be harmed based upon the disclosure of people working in a covert capacity is not at issue in this case. Remember what I have told you several times. Mr. Libby is not charged with leaking classified information.” Walton is referring to Fitzgerald’s implication that Plame Wilson was a covert CIA official. Walton dismisses the jurors for the day, and tells them that tomorrow they begin their deliberations. [Marcy Wheeler, 2/20/2007; National Review, 2/21/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Judith Miller, Valerie Plame Wilson, Jane Hamsher, Theodore Wells, Reggie B. Walton, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Jurors begin deliberating in the trial of Lewis “Scooter” Libby (see January 16-23, 2007). In an hour of jury instructions, Judge Reggie Walton tells the jury to focus on the specific charges of perjury and obstruction of justice, and “not to let the nature of the case” affect its deliberations. The jury will deliberate every weekday from 9 a.m. to 5 p.m., with an hour for lunch, until it has reached a verdict. [MSNBC, 2/21/2007; Marcy Wheeler, 2/21/2007; BBC, 7/3/2007] The proceedings begin with a query about a juror’s impartiality towards a lawyer from the firm of Baker Botts, who appeared yesterday with the defense team for closing arguments. Walton determines that no issue exists and turns to jury instructions. [Marcy Wheeler, 2/21/2007] Warning the jury to “follow the law” and not “question the law,” Walton explains that Libby is presumed innocent unless the jury finds him guilty beyond a reasonable doubt, “then you must find guilty.” He walks the jury through each of the charges, and explains how the jury can find verdicts:
bullet On the single obstruction count, the jury can find Libby guilty if it unanimously decides that any one, or more, of three Libby statements are lies: that NBC reporter Tim Russert asked Libby if Valerie Plame Wilson worked at the CIA and said all the reporters knew it (see July 10 or 11, 2003), that Libby was surprised to learn the Plame Wilson information from Russert, and that Libby told reporter Matthew Cooper he’d heard it from reporters but didn’t know it was true.
bullet On one count of lying to the FBI (see October 14, 2003 and November 26, 2003), the jury can find Libby guilty if it finds either or both of his statements about the Russert conversation were lies.
bullet On the other count of lying to the FBI, the jury can find Libby guilty if it decides that Libby lied about the content of his conversation with reporter Matt Cooper (see 2:24 p.m. July 12, 2003).
bullet On two counts of perjury, the jury will have to weigh a number of statements Libby made to the grand jury (see March 5, 2004 and March 24, 2004) about how he learned of Plame Wilson’s CIA employment and whom he told, including four separate statements in one count. [Associated Press, 2/21/2007; Marcy Wheeler, 2/21/2007]
Because of the lengthy instructions from Walton, the jury deliberates less than five hours today. [CBS News, 1/25/2007] The Associated Press reports the jury makeup as “a former Washington Post reporter, an MIT-trained economist, a retired math teacher, a former museum curator (see February 14, 2007), a law firm accountant, a Web architect, and several retired or current federal workers. There are 10 whites and two blacks—unexpected in a city where blacks outnumber whites more than 2-to-1.” [Associated Press, 2/21/2007]

Entity Tags: Central Intelligence Agency, Matthew Cooper, Baker Botts, Tim Russert, Reggie B. Walton, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The jury in the Lewis Libby perjury trial submits a request for clarification to Judge Reggie Walton. The jury wishes more information pertaining to Charge 3 of the indictment (see October 28, 2005), a perjury charge regarding Libby’s alleged lies about his conversation with Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). The jurors are not sure whether Libby’s claim of learning about Valerie Plame Wilson’s CIA identity from reporters was made in the context of the conversation. Walton is unclear what the jury is asking, and requests more information about its question. The note reads, “Page 74 of the jury instructions, ‘Count 3 of the indictment alleges that Mr. Libby falsely told the FBI on October 14 or November 26, 2003 (see October 14, 2003 and November 26, 2003), that during a conversation with M. Cooper of Time magazine on July 12, 2003 (see 2:24 p.m. July 12, 2003), Mr. Libby told Mr. Cooper that reporters were telling the administration that Mr. Wilson’s wife worked for the CIA but that Mr. Libby did not know if this was true.” Apparently the jury is confused over whether Libby is charged with lying to Cooper, the FBI, or both. Walton sends the note back with a comment: “I am not exactly certain what you are asking me. Can you please clarify your question?” [US District Court for the District of Columbia, 2/27/2007 pdf file; Marcy Wheeler, 2/28/2007; National Review, 3/5/2007] The next day, the jurors informs Walton that they have figured out the answer to their question on their own. [Jury Notes, 2/28/2007 pdf file; Marcy Wheeler, 2/28/2007; Marcy Wheeler, 2/28/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

Craig Unger.Craig Unger. [Source: David Shankbone/Public Domain]Author and journalist Craig Unger writes that the 1996 Institute for Advanced Strategic and Political Studies policy paper, “A Clean Break: A New Strategy for Securing the Realm” (see July 8, 1996), was “the kernel of a breathtakingly radical vision for a new Middle East. By waging wars against Iraq, Syria, and Lebanon, the paper asserted, Israel and the US could stabilize the region. Later, the neoconservatives argued that this policy could democratize the Middle East.” Unger’s thoughts are echoed by neoconservative Meyrav Wurmser, an Israeli-American policy expert who co-signed the paper with her husband, David Wurmser, now a top Middle East adviser to Vice President Dick Cheney. Mrs. Wurmser (see March 2007) calls the policy paper “the seeds of a new vision.” While many of the paper’s authors eventually became powerful advisers and officials within the Bush administration, and implemented the policies advocated in the paper in the invasion and occupation of Iraq, the paper’s focus on Iran has been somewhat less noticed. Former Israeli prime minister Benjamin Netanyahu, for whom the paper was written, has observed, “The most dangerous of these regimes [Iran, Syria, and Iraq] is Iran.” Unger writes, “Ten years later, ‘A Clean Break’ looks like nothing less than a playbook for US-Israeli foreign policy during the Bush-Cheney era. Many of the initiatives outlined in the paper have been implemented—removing Saddam [Hussein] from power, setting aside the ‘land for peace’ formula to resolve the Israeli-Palestinian conflict, attacking Hezbollah in Lebanon—all with disastrous results.” [Vanity Fair, 3/2007]

Entity Tags: Richard (“Dick”) Cheney, David Wurmser, Craig Unger, Saddam Hussein, Bush administration (43), Hezbollah, Meyrav Wurmser, Benjamin Netanyahu, Institute for Advanced Strategic and Political Studies

Timeline Tags: Events Leading to Iraq Invasion, US International Relations, Iraq under US Occupation, Neoconservative Influence

Nieman Reports, a quarterly magazine about journalism, publishes an article by investigative journalist Craig Pyes describing how the US Army attempted to undermine a Los Angeles Times investigation looking into the March 2003 deaths of two Afghan detainees (see March 16, 2003). It is believed that members of a Special Forces detachment in Afghanistan murdered the two men, identified as Jamal Naseer and Wakil Mohammed, and then covered up the circumstances surrounding their deaths. An official investigation into the two deaths by the Army’s Criminal Investigation Command (CID) found insufficient probable cause to bring charges for either of the two deaths. As a result of the CID investigation, two soldiers were given noncriminal administrative letters of reprimand (see January 26, 2007) for “slapping” prisoners at the Gardez facility and for failing to report the death of Naseer. In his article, Pyes recounts the resistance he and his colleague Kevin Sack encountered from the military as they sought information about the two deaths. The military refused to disclose basic information about the circumstances surrounding the two deaths, including the two men’s identities, the circumstances of their detention, the charges against them, court papers, and investigative findings. The journalists also learned that soldiers had been told by their superiors that it was important that everyone be “on the same page in case there was an investigation.” During their investigation, they also discovered that “military examiners had made some significant errors, including their initial failure to identify the victims. They also grossly misidentified dates of crucial events and persistently failed to interview key people and locate supporting documents.” [Nieman Watchdog, 3/2/2007]

Entity Tags: Wakil Mohammed, United Nations Assistance Mission in Afghanistan, US Special Forces, Jamal Naseer, Los Angeles Times, Criminal Investigation Command

Timeline Tags: Torture of US Captives, War in Afghanistan

Judge Reggie Walton, presiding over the Libby perjury trial, responds to the jury’s request for additional explanation of the term “reasonable doubt” as it pertains to defendant Lewis Libby’s claims of faulty memory leading him to lie to a grand jury (see March 2, 2007). Walton responds that he has given the jury as clear an explanation of the term as he can, and advises the jurors to reread the jury instructions. [US District Court for the District of Columbia, 3/5/2007 pdf file] The lawyers engage in a brief debate with Walton, with the jury out of the courtroom, indicating that the jury’s questions relate to the charge that Libby lied to the FBI about a telephone conversation he had with reporter Matthew Cooper concerning CIA official Valerie Plame Wilson (see 2:24 p.m. July 12, 2003). The jury asks Walton if it can use Libby’s 2004 grand jury testimony in determining Libby’s “state of mind” (see March 5, 2004 and March 24, 2004). Prosecutor Patrick Fitzgerald says Walton should answer “yes” insomuch as all the evidence in the case helped establish Libby’s state of mind. Libby’s lawyers disagree, saying the grand jury testimony could not be proof of the earlier statement, referring to Libby’s revelation to Cooper that Plame Wilson was a CIA official. Walton agrees with both arguments, and says his instructions to the jury will have to be carefully crafted. [Associated Press, 3/5/2007; Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007] Towards the end of the day, Walton and the lawyers engage in a rather abstruse discussion of the legalities surrounding the charges and the jury’s probable verdict. [Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007]

Entity Tags: Matthew Cooper, Federal Bureau of Investigation, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Wall Street Journal columnist James Taranto joins his conservative colleagues at the National Review in calling the Lewis Libby trial verdict (see March 6, 2007) a “travesty” (see March 6, 2007 and March 6, 2007). Libby should never have been prosecuted at all, Taranto writes, and calls the courtroom proceedings a “show trial” that will allow “partisans of [war critic] Joseph Wilson [to] use the guilty verdict to declare vindication” (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). Like the National Review writers, Taranto insists that the trial proved Libby’s innocence, not his guilt; proved that Wilson, not the White House, lied about Iraqi WMDs (see February 21, 2002-March 4, 2002, Mid-January 2003, 9:01 pm January 28, 2003, and July 6, 2003); proved that Valerie Plame Wilson was not a covert agent for the CIA (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006); and proved that no one from the White House leaked Plame Wilson’s identity to columnist Robert Novak (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, July 8, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003). The entire case against Libby was “a tissue of lies,” Taranto argues. No one committed any crimes, he continues, and calls special counsel Patrick Fitzgerald “an overzealous prosecutor, one who was more interested in getting a scalp than in getting to the truth of the matter.” Libby could have avoided being prosecuted and convicted merely by refusing to “remember” anything under questioning, Taranto says, and concludes, “Therein lies a lesson for witnesses in future such investigations—which may make it harder for prosecutors to do their jobs when pursuing actual crimes.” [Wall Street Journal, 3/6/2007]

Entity Tags: Joseph C. Wilson, James Taranto, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The New York Times editorial board publishes an op-ed about the conviction of former White House official Lewis Libby (see March 6, 2007). The Times writes that Libby, at one time one of the most senior officials in the White House, “was caught lying to the FBI. He appears to have been trying to cover up a smear campaign that was orchestrated by his boss against the first person to unmask one of the many untruths that President Bush used to justify invading Iraq. He was charged with those crimes, defended by the best lawyers he could get, tried in an open courtroom, and convicted of serious felonies.” The Times says the verdict is a “reminder of how precious the American judicial system is, at a time when it is under serious attack from the same administration Mr. Libby served. That administration is systematically denying the right of counsel, the right to evidence, and even the right to be tried to scores of prisoners who may have committed no crimes at all.” The Times also notes that the trial gave an important glimpse into “the methodical way that [Vice President Dick] Cheney, Mr. Libby, [White House political strategist] Karl Rove, and others in the Bush inner circle set out to discredit Ms. Wilson’s husband, Joseph Wilson IV. Mr. Wilson, a career diplomat, [who] was sent by the State Department in 2002 [later corrected by the Times to acknowledge that the CIA sent Wilson] to check out a British intelligence report that Iraq had tried to buy uranium from the government of Niger for a secret nuclear weapons program.” Wilson’s exposure of the Bush administration’s false claims that Iraq had tried to buy Nigerien uranium (see Mid-January 2003 and 9:01 pm January 28, 2003) led to a Cheney-led “smear campaign” against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006) which led to the exposure of his wife, Valerie Plame Wilson, as a covert CIA official (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The Times writes: “That is what we know from the Libby trial, and it is some of the clearest evidence yet that this administration did not get duped by faulty intelligence; at the very least, it cherry-picked and hyped intelligence to justify the war.… What we still do not know is whether a government official used Ms. Wilson’s name despite knowing that she worked undercover. That is a serious offense, which could have put her and all those who had worked with her in danger.” While the Times decries special counsel Patrick Fitzgerald jailing a former Times reporter, Judith Miller, for refusing to reveal Libby as her confidential source (see July 6, 2005), “it was still a breath of fresh air to see someone in this administration, which specializes in secrecy, prevarication, and evading blame, finally called to account.” [New York Times, 3/7/2007]

Entity Tags: Judith Miller, Bush administration (43), Federal Bureau of Investigation, Joseph C. Wilson, Valerie Plame Wilson, Patrick J. Fitzgerald, Karl C. Rove, George W. Bush, New York Times, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Mona Charen.Mona Charen. [Source: News New Mexico]Conservative columnist Rich Lowry, who often writes for the National Review, writes a harsh denunciation of special counsel Patrick Fitzgerald in a syndicated column picked up by, among other media outlets, the Salt Lake Tribune. Lowry begins by joining other conservatives in calling for a presidential pardon for convicted felon Lewis Libby (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8, 2007, and March 9, 2007), but quickly pivots to an all-out attack on Fitzgerald’s integrity as a prosecutor and on the jury that convicted Libby. Fitzgerald “had sufficient evidence to convince a handful of people drawn from Washington, DC’s liberal jury pool that Libby was guilty,” Lowry writes, and states, without direct evidence, that even the jury “didn’t believe Libby should have been in the dock in the first place.” Lowry echoes earlier arguments that Valerie Plame Wilson was exposed as a CIA official by her husband, Joseph Wilson (see November 3, 2005 and Late August-Early September, 2006), who, Lowry writes, should have known that once he wrote a column identifying himself as a “Bush-hater” (see July 6, 2003), questions would inevitably be asked as to why someone like him would be sent on a fact-finding mission to Niger. Lowry also echoes the false claim that Plame Wilson sent her husband on the mission (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). “Fitzgerald let himself become an instrument of political blood lust,” Lowry writes. If Democrats and other opponents of the Bush administration want to “score points against ‘the case for war,’” Lowry writes, the way to do that “is through advocacy [and] political agitation,” not by “jailing [Vice President Dick Cheney’s] former chief of staff. This is the very definition of the criminalization of politics. If the other party occupies the White House, each side in our politics is willing to embrace this criminalization, even if it means doing violence to its own interests and principles.” [Salt Lake Tribune, 3/8/2007] A day later, Lowry’s National Review colleagues, Mona Charen and Thomas Sowell, echo Lowry’s charge that Fitzgerald’s investigation “criminalized politics.” Charen goes somewhat further, labeling Fitzgerald “Ahab” in reference to the obsessed whale-boat captain of Moby Dick, and compares the Libby trial with the alleged perjury committed by former President Clinton in a sexual harassment lawsuit, where Clinton denied having an affair with a White House intern. Sowell dismisses the entire leak investigation as a great deal of nothing, and writes that Libby’s life has been ruined so that “media liberals” can “exult… as if their conspiracy theories had been vindicated.” [National Review, 3/9/2007; National Review, 3/9/2007]

Entity Tags: Thomas Sowell, Joseph C. Wilson, Bush administration (43), Lewis (“Scooter”) Libby, Mona Charen, Valerie Plame Wilson, Patrick J. Fitzgerald, Richard Lowry

Timeline Tags: Niger Uranium and Plame Outing

Washington Times editor Wesley Pruden calls on President Bush to immediately pardon convicted felon Lewis Libby (see March 6, 2007), calling Libby’s prosecution “malicious” and Patrick Fitzgerald a “rogue prosecutor.” Bush could turn the guilty verdict “into a Democratic debacle” by “appealing successfully to the American spirit of fair play.” Pruden asserts, without evidence, that the jury has said “they had to put clothespins on their noses to return guilty verdicts.” But Bush, like other Republican presidents, lacks boldness, and makes the perpetual mistake of being too “nice” to “the enemy,” the Democrats. Once Bush explains his pardon to the American citizenry, “they would applaud settling the account,” Pruden writes. The only criminals in the entire affair are Fitzgerald and “the judges who let him get away with” prosecuting Libby. Pruden lambasts Republicans such as Senator Trent Lott (R-MS) and former House Majority Leader Dick Armey (R-TX) who counsel caution about issuing a pardon. Pruden concludes, “A pardon, now, would right a grievous government wrong.” [Washington Times, 3/9/2007]

Entity Tags: George W. Bush, Dick Armey, Trent Lott, Wesley Pruden, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Syndicated columnist Linda Chavez extends the recent spate of conservative attacks on the integrity of special prosecutor Patrick Fitzgerald in the aftermath of the Lewis Libby trial verdict (see March 6, 2007). Echoing columns by other conservative pundits and editorial boards (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, and March 9, 2007), Chavez accuses Fitzgerald and even “some jury members” of having inappropriate “motivations” to wreak harm on Libby’s former boss, Vice President Dick Cheney. Fitzgerald was either a deliberate or an unwitting tool of “virtually everyone on the left and much of the press” to pursue the leak of official Valerie Plame Wilson’s CIA status in an attempt to go after Cheney, a pursuit Chavez calls a “vendetta.” Chavez concludes: “It is clear that from the beginning, Fitzgerald’s only interest was in directly implicating the vice president in the leak. When he was unable to do so, he decided to punish Scooter Libby for protecting his boss.” [Post Chronicle, 3/11/2007] Chicago Sun-Times columnist Mark Steyn joins Chavez in denouncing Fitzgerald, calling the prosecution “perverse” and a “mockery” of justice, and accusing Fitzgerald of deliberately attempting to besmirch the White House by prosecuting Libby. He concludes by saying that Fitzgerald’s conduct during the entire investigation and trial was a “disgrace.” [Chicago Sun-Times, 3/11/2007]

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Linda Chavez, Valerie Plame Wilson, Mark Steyn, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Valerie Plame Wilson testifies before the House Oversight Committee.Valerie Plame Wilson testifies before the House Oversight Committee. [Source: Life]The House Oversight Committee holds a hearing about the ramifications of the Lewis Libby guilty verdict (see March 6, 2007) and the outing of former covert CIA agent Valerie Plame Wilson (see July 14, 2003). Plame Wilson is the star witness, and for the first time publicly discusses the leak and her former status as a covert agent. As earlier revealed by authors Michael Isikoff and David Corn in their book Hubris, Plame Wilson was the covert operations chief for the Joint Task Force on Iraq (JTFI), a section of the CIA’s Counterproliferation Division (CPD), which itself is part of the agency’s clandestine operations directorate. Indeed, as Libby special prosecutor Patrick Fitzgerald has already stated, the fact of her employment with the CIA was itself classified information (see October 28, 2005). [Wilson, 2007, pp. 299; Think Progress, 3/16/2007; Nation, 3/19/2007]
Republican Attempts to Close Hearing Fail - Tom Davis (R-VA), the committee’s ranking Republican, attempts to close Plame Wilson’s testimony to the public on the grounds that her statements might threaten national security. “It would be with great reluctance, but we have to protect confidential information,” he says. Politico reporter John Bresnahan describes Davis as “clearly unhappy that the hearing is taking place at all, so his threat has to be viewed in that context.” Davis goes on to say: “We are mining something that has been thoroughly looked into. There are so many other areas where [Congressional] oversight needs to be conducted instead of the Plame thing.” The hearing will remain open to the public. [Politico, 3/14/2007]
Pre-Testimony Jitters - In her book Fair Game, Plame Wilson recalls the jitters she experiences in the hours leading up to her appearance before the committee. She had tried, in the days before the hearing, “to think of every possible question the committee could throw at me.… I had to be sharp to avoid giving any information that the CIA would deem sensitive or classified. It was a minefield.” She is relieved to learn that CIA Director Michael Hayden has met with committee staffers and, she will write, “explicitly approved the use of the term ‘covert’ in describing my cover status.” She will write that though she still cannot confirm the length of her service with the CIA, she can “at least counter those who had suggested over the last few years that I was no more than a ‘glorified secretary’” (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). [Wilson, 2007, pp. 299]
CIA Confirmed Plame Wilson's Covert Status - Before Plame Wilson testifies, committee chairman Henry Waxman (D-CA) reads a statement saying that she had been a “covert” officer” who had “served at various times overseas” and “worked on the prevention of the development and use of weapons of mass destruction against the United States.” Waxman notes that the CIA had cleared this statement. And during subsequent questioning, committee member Elijah Cummings (D-MD) reports that Hayden had told him, “Ms. Wilson was covert.” [Nation, 3/16/2007; Think Progress, 3/16/2007; FireDogLake, 3/16/2007; Christy Hardin Smith, 3/16/2007]
Confirms Her Status in CPD - Plame Wilson testifies that she is still bound by secrecy oaths and cannot reveal many of the specifics of her CIA career. However, she testifies, “I served the United States of America loyally and to the best of my ability as a covert operations officer for the Central Intelligence Agency.” She says, “In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified.” She also notes that she helped to “manage and run secret worldwide operations.” Prior to the Iraq war, she testifies, she had “raced to discover intelligence” on Iraq’s weapons of mass destruction. “While I helped to manage and run secret worldwide operations against this WMD target from CIA headquarters in Washington, I also traveled to foreign countries on secret missions to find vital intelligence.” Those trips had occurred within the last five years, she says, contradicting arguments that she had not functioned as a covert agent within the last five years and therefore those who revealed her identity could not be held legally accountable (see February 18, 2007). “Covert operations officers, when they rotate back for temporary assignment in Washington, are still covert,” she says. Furthermore, far from her identity as a CIA agent being “common knowledge on the Georgetown cocktail circuit,” as some have alleged (see September 30, 2003, July 12, 2004, and March 16, 2007), she testifies that she can “count on one hand” the number of people outside the agency who knew of her CIA status before her outing by White House officials. “But, all of my efforts on behalf of the national security of the United States, all of my training, and all of the value of my years service were abruptly ended when my name and identity were exposed irresponsibly.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007; Mother Jones, 3/16/2007] During this portion of testimony, Davis repeats an assertion that neither President Bush nor Vice President Dick Cheney were aware of Plame Wilson’s covert status during the time of her exposure. [FireDogLake, 3/16/2007]
'They Should Have Been Diligent in Protecting Me and Other CIA Officers' - Plame Wilson testifies that, as the Libby trial progressed, she was “shocked and dismayed by the evidence that emerged. My name and identity were carelessly and recklessly abused by senior government officials in both the White House and the State Department. All of them understood that I worked for the CIA, and having signed oaths to protect national security secrets, they should have been diligent in protecting me and every CIA officer.” Many agents in CPD are covert, she says, and thusly, officials such as Cheney and Libby, who knew she worked in that division, should have been careful in spreading information about her.
'Grave' Damage to National Security - Plame Wilson says she cannot be specific about what kind of damage was done by her identity being revealed (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); the CIA did perform a damage assessment, but did not share the results with her, and that assessment is classified (see Before September 16, 2003). “But the concept is obvious,” she says. “Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents who in turn risked their own lives and those of their families—to provide the United States with needed intelligence. Lives are literally at stake. Every single one of my former CIA colleagues, from my fellow covert officers, to analysts, to technical operations officers, to even the secretaries, understands the vulnerability of our officers and recognizes that the travesty of what happened to me, could happen to them. We in the CIA always know that we might be exposed and threatened by foreign enemies. It was a terrible irony that administration officials were the ones who destroyed my cover… for purely political motives.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007] She refuses to speculate as to the intentions of White House deputy chief of staff Karl Rove in exposing her identity (see July 10, 2005). [FireDogLake, 3/16/2007]
Politicization of Intelligence Dangerous, Counterproductive - Plame Wilson decries the increasingly partisan politicization of intelligence gathering and presentation under the Bush regime, saying: “The tradecraft of intelligence is not a product of speculation. I feel passionately as an intelligence professional about the creeping, insidious politicizing of our intelligence process. All intelligence professionals are dedicated to the ideal that they would rather be fired on the spot than distort the facts to fit a political view—any political view—or any ideology.… [I]njecting partisanship or ideology into the equation makes effective and accurate intelligence that much more difficult to develop. Politics and ideology must be stripped completely from our intelligence services, or the consequences will be even more severe than they have been and our country placed in even greater danger. It is imperative for any president to be able to make decisions based on intelligence that is unbiased.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007]
No Role in Deciding to Send Husband to Niger - Plame Wilson discusses the persistent rumors that she dispatched her husband, former ambassador Joseph Wilson, to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). Such rumors imply that Wilson was unqualified for the mission, and was sent by his wife for reasons having to do with partisan politics and nepotism (see July 9, 2004). Plame Wilson testifies that she had no authority to send her husband anywhere under CIA auspices, that it was a co-worker’s suggestion, not hers, to send her husband (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), and that her participation was limited to writing a note outlining her husband’s qualifications for such a fact-finding mission (see Fall 1999 and February 13, 2002). She testifies that a colleague had been misquoted in an earlier Senate Intelligence Committee report in saying that she proposed her husband for the trip, and that this colleague was not permitted to correct the record. [FireDogLake, 3/16/2007; Nation, 3/16/2007; Nation, 3/19/2007]
Further Investigation Warranted - After Plame Wilson concludes her testimony, Waxman declares: “We need an investigation. This is not about Scooter Libby and not just about Valerie Plame Wilson.” Journalist David Corn concurs: “Waxman was right in that the Libby trial did not answer all the questions about the leak affair, especially those about the roles of Bush administration officials other than Libby. How did Cheney learn of Valerie Wilson’s employment at the Counterproliferation Division and what did he do with that information? How did Karl Rove learn of her CIA connection? How did Rove manage to keep his job after the White House declared anyone involved in the leak would be fired?… What did Bush know about Cheney’s and Rove’s actions? What did Bush do in response to the disclosure that Rove had leaked and had falsely claimed to White House press secretary Scott McClellan that he wasn’t involved in the leak?” Republican committee members are less sanguine about the prospect of such an investigation, with Davis noting that special prosecutor Patrick Fitzgerald had already conducted an investigation of the leak. Corn writes: “Not all wrongdoing in Washington is criminal. Valerie Wilson’s presence at the hearing was a reminder that White House officials (beyond Libby) engaged in improper conduct (which possibly threatened national security) and lied about it—while their comrades in the commentariat spinned away to distort the public debate.” [Nation, 3/16/2007; Nation, 3/19/2007]

Entity Tags: Central Intelligence Agency, House Committee on Oversight and Government Reform, Joint Task Force on Iraq, David Corn, George W. Bush, Henry A. Waxman, Elijah Cummings, Valerie Plame Wilson, Counterproliferation Division, Scott McClellan, Lewis (“Scooter”) Libby, Karl C. Rove, Tom Davis, Michael Hayden, Joseph C. Wilson, John Bresnahan, Richard (“Dick”) Cheney, Michael Isikoff, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Cofer Black, former chief of the CIA’s Counterterrorist Center, is named a senior adviser for counterterrorism and national security issues in the presidential campaign of Republican Mitt Romney. Black will also be named chairman of the campaign’s counterterrorism policy advisory group in September. According to the Boston Globe, “some observers” will say that Black has significant influence on Romney’s campaign, as Romney says he wants to double the size of Guantanamo Bay, endorses tough interrogation techniques, praises the Patriot Act, and supports some aggressive surveillance policies. According to the Globe, “many people in the national security field expect that Black would play a leading role in a Romney presidency, making Black a potentially pivotal figure for a former governor with little foreign policy and counterterrorism experience.” [Boston Globe, 11/2/2007]

Entity Tags: Cofer Black, Willard Mitt Romney

Timeline Tags: Misc Entries

Jack Kemp.Jack Kemp. [Source: Los Angeles Times]Former representative and Republican vice-presidential candidate Jack Kemp (R-NY) recommends that President Bush pardon convicted felon Lewis Libby (see March 6, 2007). Kemp’s column, printed in the conservative Web publication Town Hall, is not as vociferous in its condemnation of the Libby perjury trial and special counsel Patrick Fitzgerald as some published by his conservative colleagues (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). Kemp begins his column by telling his readers that two jurors in the trial, Ann Redington and Denis Collins, have “endors[ed] a pardon,” quoting Redington from her interview on MSNBC’s Hardball (see March 8, 2007) and Collins from a column by the New York Times’s Maureen Dowd (Collins’s “endorsement” was a tepid “I would really not care” when asked if he would support a pardon for Libby—see March 8, 2007). Kemp writes of a pardon, “It’s the right thing to do and it’s the right thing to do now—anything less makes a travesty of our system of justice.” Kemp echoes his colleagues’ arguments that Fitzgerald prosecuted Libby for political reasons, particularly in an attempt to target Vice President Dick Cheney. He then notes that two previous presidents, George H. W. Bush and Bill Clinton, have pardoned government officials who were targeted by special prosecutors—Bush in his pardon of convicted Iran-Contra conspirator Caspar Weinberger (see December 25, 1992) and Clinton’s pre-emptive pardon of then-CIA Director John Deutch, who was under investigation for mishandling classified information on his home computer. Weinberger was facing the possibility of years of jail time; Deutch was negotiating with prosecutors for a guilty plea to a single misdemeanor charge. Kemp repeats debunked charges that the CIA did not treat Valerie Plame Wilson’s status as either classified or particularly sensitive (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007) and also repeats his colleagues’ charges that the government’s witnesses had no better memories of key events than did Libby. Kemp concludes: “Most prosecutors would walk away from such a case—a case based on a faulty premise and focused on faulty memories months after the fact. President Bush would be well within presidential authority and past presidential practice if he were to rectify this travesty in the near future. My hope is he pardons Libby now!” [Town Hall (.com), 4/3/2007]

Entity Tags: John Deutch, Caspar Weinberger, Ann Redington, Denis Collins, Jack Kemp, Maureen Dowd, George W. Bush, Valerie Plame Wilson, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former Deputy Attorney General James Comey delivers dramatic testimony before the Senate Judiciary Committee about the March 2004 attempts by then-White House counsel Alberto Gonzales and then-White House chief of staff Andrew Card to pressure a seriously ill John Ashcroft, then the attorney general, to certify the legality of the Bush/NSA domestic wiretapping program (see March 10-12, 2004, Early 2002). Comey testifies that even though he, who at the time has the full authority of the attorney general during Ashcroft’s illness, and Ashcroft both refused to authorize the program due to their belief that the program is illegal, President Bush will certify the program anyway. Only a threatened mass resignation by Ashcroft, Comey, FBI director Robert Mueller, and other senior officials will persuade Bush, weeks later, to make changes in the program that bring it somewhat closer to operating within the law. [Think Progress, 5/15/2007; Washington Post, 5/16/2007]
Bush Sent Gonzales, Card to Ashcroft's Hospital Room, Comey Believes - Comey says that while he cannot be certain, he believes Gonzales and Card went to Ashcroft’s hospital room on orders from President Bush: “I have some recollection that the call was from the president himself, but I don’t know that for sure,” he tells the committee. His major concern in heading off Gonzales and Card at the hospital, Comey testifies, is that, “given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that.” Comey says he was “stunned” by how forceful Ashcroft was in refusing to comply with Gonzales and Card’s directive to sign the reauthorization.
Gonzales a 'Loyal Bushie' - Committee members are openly contemptuous of Gonzales’s actions, and question his fitness to serve as attorney general. “He’s presided over a Justice Department where being a, quote, loyal Bushie seems to be more important than being a seasoned professional, where what the White House wants is more important than what the law requires or what prudence dictates,” says Charles Schumer (D-NY). Arlen Specter (R-PA) is hardly less critical. “It is the decision of Mr. Gonzales as to whether he stays or goes, but it is hard to see how the Department of Justice can function and perform its important duties with Mr. Gonzales remaining where he is,” Specter says. “And beyond Mr. Gonzales’s decision, it’s a matter for the president as to whether the president will retain the attorney general or not.” [New York Times, 5/15/2007]
Not a 'Team Player' - Interestingly, President Bush views Comey with disdain because Comey isn’t what Bush calls a “team player;” Bush earlier tagged Comey, who resigned his position in 2005 and who previously tangled with the White House over its embrace of torture for terrorist suspects, with the derisive nickname “Cuomo,” after the former Democratic governor of New York, Mario Cuomo, famous for vacillating over whether to run for the presidency in the 1980s. The White House denies the nickname. [Newsweek, 1/9/2006] Comey is not popular in the White House in part because of his 2003 appointment of special prosecutor Patrick Fitzgerald to investigate Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, for perjury connected to the outing of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). And after the 9/11 attacks, Comey challenged Cheney’s assertions that the use of torture and other “war on terror” policies were legal (see January 9, 2002). Comey says he has been prepared to testify about the Ashcroft hospital visit for three years, but never did until now, because “Nobody ever asked.…I’ve never been in a forum where I was obligated to answer the question. Short of that, it was not something I was going to volunteer.” Card says that his actions at the hospital earned him bureaucratic punishment from Card. After Gonzales became attorney general, Ashcroft’s then-chief of staff, Kyle Sampson, told Comey that Gonzales’s “vision” was to merge the deputy’s office with Gonzales’s own office, stripping Comey of much of his autonomy and reducing him, in essence, to a staff member. Comey refused to cooperate. “You may want to try that with the next deputy attorney general,” Comey told Sampson. “But it’s not going to work with me.” [US News and World Report, 5/20/2007]

Entity Tags: Robert S. Mueller III, Valerie Plame Wilson, Richard (“Dick”) Cheney, Senate Judiciary Committee, D. Kyle Sampson, Patrick J. Fitzgerald, Alberto R. Gonzales, Andrew Card, John Ashcroft, James B. Comey Jr., George W. Bush

Timeline Tags: Civil Liberties

Bush officials are battling a lawsuit filed against them by former CIA official Valerie Plame Wilson, according to a report by the Associated Press. Plame Wilson is suing (see July 13, 2006) four Bush administration officials—Vice President Dick Cheney (see July 7-8, 2003), White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003)—for deliberately disclosing her identity as a CIA official to the public for political gain. Cheney’s lawyer calls the lawsuit “a fishing expedition” and accuses Plame Wilson of making “fanciful claims.” Plame Wilson says her constitutional rights were violated by the defendants. Armitage’s lawyer says the suit is “principally based on a desire for publicity and book deals.” Plame Wilson’s lawyer counters by saying the case is “about egregious conduct by defendants that ruined a woman’s career.” Rove’s lawyer, Robert Luskin, arguing on behalf of all four defendants, says that none of the officials deliberately disclosed classified information, specifically the information of Plame Wilson’s covert status in the CIA. The defendants’ lawyers claim that they should not be sued personally for actions taken as part of their official duties. And a Justice Department lawyer claims that Cheney should have much the same legal immunity as President Bush. [Associated Press, 5/17/2007] The lawsuit will soon be dismissed (see July 19, 2007).

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), Lewis (“Scooter”) Libby, Robert Luskin, US Department of Justice, Richard Armitage, Valerie Plame Wilson, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Patrick Fitzgerald, who successfully prosecuted former Bush administraton official Lewis Libby for perjury, obstruction of justice, and making false statements (see March 6, 2007), recommends 30 to 37 months in prison for Libby’s jail sentence. In a court filing with Judge Reggie Walton, Fitzgerald notes that the Libby defense called Libby’s prosecution “unwarranted, unjust, and motivated by politics,” and Libby’s supporters (see February 21, 2006) continue to do so.
Libby Chose to Lie - To address this charge, Fitzgerald goes back through the investigation and notes that Libby, a lawyer himself, fully understood his obligations as a government witness. “He, of course, could have told the truth, even if, as was the case for many other witnesses, doing so risked the possibility of criminal prosecution, or personal or political embarrassment,” Fitzgerald writes. “He also could have declined to speak to the FBI agents, invoked his Fifth Amendment rights before the grand jury, or challenged any lines of inquiry he believed improper. And the evidence at trial showed that Mr. Libby had access to counsel and had adequate time to review relevant documents and contemplate his conduct before he testified. Regrettably, Mr. Libby chose the one option that the law prohibited: he lied. He lied repeatedly to FBI agents and in sworn grand jury testimony, and he lied about multiple facts central to an assessment of his role in the disclosure of Ms. Wilson’s CIA employment. He lied about when he learned of [Valerie Plame Wilson’s] CIA employment, about how he learned of her CIA employment, about who he told of her CIA employment, and about what he said when he disclosed it. In short, Mr. Libby lied about nearly everything that mattered.” Libby’s choice to lie, Fitzgerald goes on to note, made it impossible to discover “the role that Mr. Libby and those with whom he worked played in the disclosure of Ms. Wilson’s information regarding CIA employment and about the motivations for their actions.… Mr. Libby’s lies corrupted a truth-seeking process with respect to an important investigation, and on behalf of which many others subordinated important public, professional, and personal interests. To minimize the seriousness of Mr. Libby’s conduct would deprecate the value that the judicial system places on the truthfulness of witnesses, and tempt future witnesses who face similar obligations to tell the truth to question the wisdom and necessity of doing so.” Fitzgerald notes that Libby “has expressed no remorse, no acceptance of responsibility, and no recognition that there is anything he should have done differently—either with respect to his false statements and testimony, or his role in providing reporters with classified information about Ms. Wilson’s affiliation with the CIA.”
Justifies Libby's Prosecution when Other Leakers Not Prosecuted - Fitzgerald counters the arguments that because only Libby, and not all three proven leakers (see October 2, 2003 and February 2004), was prosecuted, his prosecution was somehow invalid. The other leakers, Richard Armitage and Karl Rove, eventually admitted to leaking Plame Wilson’s name to the press. Libby consistently lied about his leaks. “To accept the argument that Mr. Libby’s prosecution is the inappropriate product of an investigation that should have been closed at an early stage,” Fitzgerald writes, “one must accept the proposition that the investigation should have been closed after at least three high-ranking government officials were identified as having disclosed to reporters classified information about covert agent Valerie Wilson, where the account of one of them was directly contradicted by other witnesses, where there was reason to believe that some of the relevant activity may have been coordinated, and where there was an indication from Mr. Libby himself that his disclosures to the press may have been personally sanctioned by the vice president. To state this claim is to refute it. Peremptorily closing this investigation in the face of the information available at its early stages would have been a dereliction of duty, and would have afforded Mr. Libby and others preferential treatment not accorded to ordinary persons implicated in criminal investigations.”
States that Prosecution Knew Plame Wilson Was Covert from Outset - Fitzgerald also says what he was unable to say directly in the trial, that “it was clear from very early in the investigation that Ms. Wilson qualified under the relevant statute… as a covert agent whose identity had been disclosed by public officials, including Mr. Libby, to the press.” Fitzgerald explains that he chose not to charge Libby with outing a covert intelligence agent in part because Libby’s lies, and presumably the obfuscatory and contradictory statements of other Bush administration officials, made it difficult to prove beyond doubt that Libby knew Plame Wilson was a covert agent when he exposed her as a CIA official. “On the other hand, there was clear proof of perjury and obstruction of justice which could be prosecuted in a relatively straightforward trial.”
No Justification for Leniency - “In light of the foregoing,” Fitzgerald writes, “the assertions offered in mitigation are consistent with an effort by Mr. Libby’s supporters to shift blame away from Mr. Libby for his illegal conduct and onto those who investigated and prosecuted Mr. Libby for unexplained ‘political’ reasons (see March 6, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). The assertions provide no basis for Mr. Libby to receive a reduced sentence.… While the disappointment of Mr. Libby’s friends and supporters is understandable, it is inappropriate to deride the judicial process as ‘politics at its worst’ on behalf of a defendant who, the evidence has established beyond a reasonable doubt, showed contempt for the judicial process when he obstructed justice by repeatedly lying under oath about material matters in a serious criminal investigation.… Mr. Libby’s prosecution was based not upon politics but upon his own conduct, as well as upon a principle fundamental to preserving our judicial system’s independence from politics: that any witness, whatever his political affiliation, whatever his views on any policy or national issue, whether he works in the White House or drives a truck to earn a living, must tell the truth when he raises his hand and takes an oath in a judicial proceeding or gives a statement to federal law enforcement officers. The judicial system has not corruptly mistreated Mr. Libby; Mr. Libby has been found by a jury of his peers to have corrupted the judicial system.” [US District Court for the District of Columbia, 5/30/2007]
Sentenced to 30 Months in Prison - Libby will be sentenced to 30 months in prison (see June 5, 2007), but will have his sentence commuted before he serves any time (see July 2, 2007).

Entity Tags: Karl C. Rove, Reggie B. Walton, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Richard Armitage, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Senator Christopher “Kit” Bond.Senator Christopher “Kit” Bond. [Source: Wall Street Journal]Senator Christopher “Kit” Bond (R-MO), the ranking member of the Senate Intelligence Committee, demands that former CIA official Valerie Plame Wilson explain what he calls “differences” in her various accounts of how her husband, Joseph Wilson, was sent to Niger in 2002 to investigate claims that Iraq was attempting to secretly buy uranium from that nation (see February 21, 2002-March 4, 2002 and July 6, 2003). Plame’s differing versions have furthered “misinformation” about the origins of the case that roiled official Washington beginning in July 2003, Bond says. A recently released CIA memo from February 2002 said Plame Wilson “suggested” her husband for the trip. Bond says this is at odds with Plame Wilson’s March 2007 testimony before Congress, where she said a CIA colleague first suggested her husband for the trip (see March 16, 2007). In Bond’s version of events, Plame Wilson has told three different versions of events: in 2003 or 2004, she told the CIA’s Inspector General that she suggested Wilson; in 2004, she told committee staffers that she wasn’t sure if she had suggested Wilson (see July 9, 2004); in her March testimony before the House Oversight and Government Reform Committee, she said that a colleague had first suggested Wilson for the trip. A spokeswoman for Senator John D. Rockefeller (D-WV), the committee chairman, says she is not sure whether Rockefeller is interested in having committee investigators interview Plame Wilson, but Bond says he has asked the CIA for permission to re-interview her. Melanie Sloan, the attorney representing Plame Wilson, says her client has “always been very consistent that she is not the person responsible for sending Joe Wilson” to Africa. Instead, Sloan says, trying to impugn Plame Wilson’s truthfulness is an attempt to draw attention from the “real wrong here—a White House that outed a covert operative and undermined national security.” [USA Today, 5/30/2007] The Senate Intelligence Committee did report that Plame Wilson recommended Wilson for the trip, but that report was based on somewhat inaccurate information provided in a State Department memo; both in her March 2007 testimony and her book Fair Game, Plame Wilson recalls that a young records officer first suggested that Wilson be sent (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).

Entity Tags: Valerie Plame Wilson, Christopher (“Kit”) Bond, John D. Rockefeller, Melanie Sloan, Joseph C. Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Norman Pearlstine.Norman Pearlstine. [Source: Norman Pearlstine.]Norman Pearlstine, the former editor of Time magazine and the person who made the final decision to cooperate with the prosecution in the Lewis Libby perjury trial by turning over notes from former Time reporter Matthew Cooper (see July 1, 2005), writes a column for Time outlining how he feels the trial of Libby (see January 16-23, 2007 and March 6, 2007) did serious and possibly permanent damage to the mainstream media, much of that damage self-inflicted. Pearlstine begins by echoing many conservative writers in saying that “[w]hile the administration’s behavior was tawdry, there was no proof that intelligence laws had been broken or that an investigation was necessary.” Unlike many conservative pundits and publications, Pearlstine does not lambast special counsel Patrick Fitzgerald, instead observing that “once convinced that Libby (but not [White House political strategist Karl] Rove) had lied under oath, the prosecutor argued that he had no choice but to indict, charging Libby with perjury, making false statements, and obstruction of justice.” Pearlstine says that whatever Fitzgerald’s intentions, he incited a “First Amendment showdown” with the press: “By issuing subpoenas that required reporters to betray their sources, Fitzgerald created the showdown.” Pearlstine says that because Fitzgerald won the court battles to force journalists to testify about their sources, “[s]ome ugly truths emerged about one of the biggest problems with Washington journalism—a symbiosis between reporters and sources in which the reporters often think that it is their first job to protect their sources and that informing the public comes second.” Pearlstine is critical of former New York Times reporter Judith Miller, who went to jail rather than reveal her sources to Fitzgerald’s grand jury (see July 6, 2005). It was clear during Miller’s testimony that her record-keeping was sloppy and disorganized (see January 31, 2007), and that she was all too willing to cooperate with Libby to the possible detriment of her reporting, as when she agreed to obfuscate his identity by identifying him as a “former Hill staffer” instead of a senior White House official (see 8:30 a.m. July 8, 2003). Pearlstine writes, “It was a telling example of her willingness to breach journalistic ethics in order to coddle close sources.” Pearlstine concludes by observing that because Fitzgerald was so successful in compelling journalists to reveal their confidential sources, other lawyers will seek to do the same. “Journalism and the public interest will suffer,” he writes. Pearlstine advocates the legislative passage of a federal shield law to protect journalists and their sources. [Time, 5/31/2007]

Entity Tags: Karl C. Rove, Judith Miller, Patrick J. Fitzgerald, Time magazine, Norman Pearlstine, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former White House aide Lewis “Scooter” Libby, found guilty of four felonies in the outing of CIA agent Valerie Plame Wilson (see March 6, 2007), is sentenced by Judge Reggie Walton to 30 months in jail, fined $250,000, and given two years’ probation. The sentence is at the low end of the 30-37 month recommendation provided by prosecutor Patrick Fitzgerald (see May 25, 2007). Libby’s plea for leniency is denied. An appeals court will refuse to allow Libby to remain free while he appeals the convictions. [National Review, 5/29/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] “Many defendants are first offenders, most defendants have family. We need to make clear that the truth matters and one’s station in life does not matter,” says prosecutor Patrick Fitzgerald. “We had to… chase down rabbit holes that he took us down by lying to us… [the jury had] to sort through this fun house of mirrors.” Libby’s attorney Theodore Wells argues that because of the “public humiliation” caused to Libby by the trial, and because of Libby’s “exceptional public service to the nation,” he should be given no jail time. Libby’s co-counsel, William Jeffress, continues to insist that Plame Wilson was not covert, a position long since disproven (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007), and attempts to assert that Libby did not actually expose her as a CIA agent, an argument again debunked during the proceedings. For himself, Libby speaks briefly, thanking the court for treating him kindly, and says he is ready for the sentence: “Now I realize fully the court must decide on punishment, and I hope the court will consider my whole life,” he says. In pronouncing sentence, Walton says: “I’ve watched these proceedings with a sense of sadness because I have the highest respect for government servants. It is important that we expect and demand a lot of people who are in those situations. They have a certain high level obligation when they occupy that situation. In this situation Libby failed to meet the bar.” [Raw Story, 6/5/2007] Libby will spend no time behind bars (see July 2, 2007).

Entity Tags: William Jeffress, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

Eric Edelman.Eric Edelman. [Source: BBC]Seven weeks after Senator Hillary Clinton (D-NY) sent a letter to Defense Secretary Robert Gates calling for Congressional briefings on Pentagon plans to withdraw troops from Iraq or explanations as to why those plans do not exist (see May 23, 2007), Undersecretary of Defense Eric Edelman responds to Clinton in a letter of his own. After giving a brief overview of the current military and political situation in Iraq, Edelman says: “Premature and public discussion of the withdrawal of US forces from Iraq reinforces enemy propaganda that the United States will abandon its allies in Iraq, much as we are perceived to have done in Vietnam, Lebanon and Somalia.…[S]uch talk understandably unnerves the very same Iraqi allies we are asking to assume enormous personal risks.” [US Department of Defense, 7/16/2007 pdf file] Some observers are surprised by Edelman’s language as Clinton is not only a senator, but a member of the Armed Services Committee. The New York Times’s Kate Phillips terms the letter “a stunning rocket.” [New York Times, 7/19/2007] The letter also directly contradicts Gates, who said earlier that the Senate debate on withdrawing from Iraq was “helpful in bringing pressure” on the Iraqi government to work towards peace and unity (see March 30, 2007).
'Impugning the Patriotism of Any of Us Who Raise Questions' - Clinton fires back four days later, accusing Edelman of dodging her questions. Instead, she says, Edelman “made spurious arguments to avoid addressing contingency planning.… Undersecretary Edelman has his priorities backward.” [USA Today, 7/20/2007] Edelman, Clinton says, is “impugning the patriotism of any of us who raise serious questions.” [Army Times, 8/6/2007] Clinton spokesman Philippe Reines says, “We sent a serious letter to the secretary of defense, and unacceptably got a political response back.” Clinton again asks for a briefing on end-of-war planning, classified if necessary. Edelman does imply that the Pentagon is formulating such plans in his letter, but says that the Pentagon will not divulge any such planned operations. [USA Today, 7/20/2007]
Democrats Defend Clinton - Fellow Democratic senator John Kerry joins in criticizing Edelman’s response. “This administration reminds us every day that they will say anything, do anything, and twist any truth to avoid accountability,” Kerry says in a statement. [US Senate, 7/19/2007] Clinton’s husband, former president Bill Clinton, calls Edelman “one of the more ideological holdovers” in the Defense Department from President Bush’s first term in office. Edelman, who replaced Douglas Feith in the Pentagon, is a former national security adviser to Vice President Dick Cheney. [Think Progress, 7/22/2007]
Conservatives Weigh In - On the other side, conservative blogger and Fox News pundit Michelle Malkin asks rhetorically, “Wasn’t this a case of Hillary putting on her little imaginary four stars on her sleeve and playing armchair general?” [Media Matters, 7/23/2007] But an Army Times writer, Air Force veteran Robert Dorr, calls Edelman’s letter “disrespectful” and writes: “No matter what you think of the war or of Clinton, Edelman’s response was unusually harsh. Senators hold their jobs because people voted for them. Appointees such as Edelman, who weren’t elected by anyone (and in the case of Edelman, received a recess appointment and wasn’t confirmed by the Senate), should be responsive to lawmakers’ concerns.” [Army Times, 8/6/2007]

Entity Tags: Eric Edelman, Hillary Clinton, John Kerry, Douglas Feith, William Jefferson (“Bill”) Clinton, Kate Phillips, Robert M. Gates, Philippe Reines, US Department of Defense, Richard (“Dick”) Cheney, Michelle Malkin, Robert Dorr

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

A federal district court in Washington dismisses the lawsuit filed by Joseph Wilson and Valerie Plame Wilson against four current and former White House officials (see July 13, 2006). Judge John C. Bates finds that while the lawsuit, asking for punitive damages against Vice President Dick Cheney, his former chief of staff Lewis Libby, White House political strategist Karl Rove, and former Deputy Secretary of State Richard Armitage for violating their rights in outing Plame Wilson as a CIA agent, may have merit, and the actions of the defendants were “highly unsavory,” there is no constitutional remedy for their claims. The Wilsons’ allegations pose “important questions relating to the propriety of actions undertaken by our highest government officials,” but the claims are dismissed on jurisdictional grounds. “Plaintiffs have failed to state a claim on which relief can be granted,” Bates finds. “This court lacks subject matter jurisdiction over plaintiffs’ claims for public disclosure of private facts.” The Wilsons will appeal the decision; their lawyer, Melanie Sloan, says in a statement: “While we are obviously very disappointed by today’s decision, we have always expected that this case would ultimately be decided by a higher court. We disagree with the court’s holding and intend to pursue this case vigorously to protect all Americans from vindictive government officials who abuse their power for their own political ends.” [Wilson, 2007, pp. 305; Bloomberg, 7/19/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Bates, Joseph C. Wilson, Karl C. Rove, Melanie Sloan, Valerie Plame Wilson, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

MSNBC runs an inaccurate story about waterboarding and its alleged usefulness. According to an article by Robert Windrem sourced to four senior US officials, only three detainees have been waterboarded: alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and Jemaah Islamiyah head Hambali. The article contains several claims that will later be proved false:
bullet It says that al-Qaeda leader Abd al-Rahim al-Nashiri was not one of three detainees who was waterboarded. [MSNBC, 9/13/2007] However, it will later be generally reported that he was indeed waterboarded, and Vice President Dick Cheney will admit it in 2008. [Washington Times, 12/18/2008]
bullet The report claims that Hambali was one of the three detainees who was waterboarded. [MSNBC, 9/13/2007] However, this claim will later fade, with al-Nashiri replacing Hambali as the third detainee subjected to waterboarding. [Washington Times, 12/18/2008] The article also falsely claims that Hambali was subjected to waterbaording because he was “resistant to other interrogation methods.” It adds that he “cried like a baby,” a claim repeated in a prominent subheadline, and “quickly told all he knew.” [MSNBC, 9/13/2007]
bullet One former senior intelligence official is quoted as saying that “KSM required, shall we say, re-dipping,” although it will later emerge that KSM was waterboarded 183 times on five separate days (see After March 7, 2003 and April 18, 2009).
In addition, the article says, “a total of 13 high value detainees—all of them ranking al-Qaeda operatives—were subjected to ‘enhanced interrogation techniques’ in 2002 through 2004.” [MSNBC, 9/13/2007] However, according to a 2008 interview with Cheney, the US applied enhanced interrogation techniques to 33 detainees. This number appears to relate to a longer period, from 9/11 until late 2008, although cases where enhanced techniques were used after 2004 are not well known. [Washington Times, 12/18/2008]

Entity Tags: Hambali, Abu Zubaida, Abd al-Rahim al-Nashiri, Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Newt Gingrich.Newt Gingrich. [Source: Public domain]Former Republican House Speaker Newt Gingrich says that the US should sabotage Iran’s gasoline refinery as part of its efforts to bring down the Iranian government. Gingrich also is harshly critical of the Bush administration for its failure to deal more strongly with Iraq, saying, “I can’t imagine why they put up with this. I mean, either General Petraeus is wrong and the military spokesman’s wrong, or the current policies we have are stunningly ineffective.” He then gives his own prescription for regime change in Iran: “We should finance the students. We should finance a Radio Free Iran. We should covertly sabotage the only gasoline refinery in the country. We should be prepared, once the gasoline refinery is down, to stop all of the gasoline tankers and communicate to the Iranian government that if they want to move equipment into Iran—into Iraq, they’re going to have to walk.” Gingrich adds, “I think we are currently so timid and our bureaucracies are so risk-avoiding—it took enormous leadership by President Reagan and by Bill Casey to reenergize the CIA in the early ‘80s. And we’ve now been through a long period of beating up the intelligence community and having lawyers say, You can’t do this, you can’t do that.” [Fox News, 9/25/2007]

Entity Tags: Newt Gingrich, Fox News

Timeline Tags: US confrontation with Iran, Neoconservative Influence

An anonymous chain email circulating through the Internet falsely claims that presidential candidate Barack Obama (D-IL) “was enrolled in a Wahabi school in Jakarta. Wahabism is the RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, calls the accusation intended to promote a “Manchurian Candidate-style conspiracy theory” about Obama’s birth, his religion, and his citizenship. The email accurately notes that Obama’s father was African and born a Muslim (see January 11, 2008). Obama’s stepfather was Indonesian and raised as a Muslim. However, PolitiFact notes, both men were not religiously observant (Obama has described his father as a practicing atheist). Obama’s American mother was agnostic at best. Obama has said that he grew up with virtually no religious traditions. He has been a practicing Christian for decades (see January 6-11, 2008). “Madrassa” is an Arabic word for “school,” but Americans generally understand the word to mean a school where anti-Western Islamic ideology is taught. The email falsely claims that Obama attended a “madrassa” that engaged in a “RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact notes: “Westerners typically understand Wahabism to be an austere form of Islam based on a literal reading of the Koran. So is that the type of school Obama attended?” Obama attended a secular public school in Indonesia; a press investigation found the school to be “so progressive that teachers wore miniskirts and all students were encouraged to celebrate Christmas.” The school has never taught Wahabism or any other form of “fringe” Islam. News reports accurately indicate that Obama’s school registration form lists Obama’s religion as “Muslim,” but the form has several other errors, and, PolitiFact notes, “it seems reasonable to assume that he was registered as Muslim simply because his stepfather was Muslim.” Obama also attended a Catholic school in Indonesia for several years. PolitiFact concludes that the email is “a wholesale invention designed to frighten voters.” [St. Petersburg Times, 10/1/2007]

Entity Tags: Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

The cover of Plame Wilson’s ‘Fair Game.’The cover of Plame Wilson’s ‘Fair Game.’ [Source: Amazon (.com)]Former CIA spy and case officer Valerie Plame Wilson (see July 14, 2003), an expert on Iraqi WMD, publishes her memoir of her time in the CIA, Fair Game. The book’s publisher, Simon & Schuster, notes that significant amounts of material Plame Wilson originally wrote for the book were redacted by the CIA, and the redactions survived a lawsuit aimed at restoring them. “Accordingly,” the publisher writes, “Ms. Wilson’s portion of this book contains only that information that the CIA has deemed unclassified and has allowed her to include.” The portions the CIA ordered redacted are represented by blacked-out passages. Some of the incidents covered in the redacted material are revealed in an afterword written by journalist Laura Rozen. [Simon & Schuster, 9/19/2007 pdf file] On the subject of Iraqi WMDs, Plame Wilson writes: “[I]t is easy to surrender to a revisionist idea that all the WMD evidence against Iraq was fabricated. While it is true that powerful ideologues encouraged a war to prove their own geopolitical theories, and critical failures of judgment were made throughout the intelligence community in the spring and summer of 2002, Iraq, under its cruel dictator Saddam Hussein, was clearly a rogue nation that flouoted international treaties and norms in its quest for regional superiority.” Using material and information collected by the nonpartisan Center for Nonproliferation Studies, Plame Wilson notes that by 2001, Iraq had made progress in all three major areas of WMD.
Nuclear -
bullet Iraq could have “probably” fabricated a crude nuclear device if it had successfully secured enough uranium or plutonium.
bullet Iraq was a few years away from being able to produce its own weapons-grade fissile material.
bullet It had a large, experienced pool of nuclear weapons scientists and technicians, and viable plans for building nuclear devices.
bullet Iraq had actively sought equipment related to building nuclear devices.
bullet Iraq had repeatedly violated UN Resolution 687, which mandated that all materials and information related to the construction of nuclear weapons possessed by Iraq must be destroyed.
bullet Between 1972 and 1991, Iraq had an active and growing nuclear weapons development program involving some 10,000 people and $10 billion, and in 1990 it attempted to divert uranium sealed under an agreement with the International Atomic Energy Agency (IAEA) for nuclear weapons development.
bullet Iraq had plans for equipping existing Al-Hussein (modified Scud-B) missiles, with a 300-kilometer range, or possibly modifying Al-Hussein missiles, to fly as far as 650 kilometers. The US believed that, if allowed to work unchallenged, Iraq could build missiles capable of flying 3,000 kilometers within 5 years and build full-fledged ICBMs (intercontinental ballistic missiles) within 15 years.
bullet In 1987, Iraq had reportedly field-tested some sort of radiological bomb.
Biological -
bullet Iraq was believed to have retained stockpiles of biological weapons munitions, including over 150 aerial bombs and at least 25 Al-Hussein missiles with either chemical or biological warheads. At least 17 metric tons of bioweapons growth media remained unaccounted for. Iraq was also believed to possess weaponized strains of anthrax, smallpox, and camelpox. It had conducted tests on delivering biological and/or chemical payloads via unmanned “drone” aircraft.
bullet Iraq was believed to have bioweapons sprayers built to be deployed by its fleet of F-1 Mirage fighters.
bullet Iraq was believed to have kept hidden bioweapons laboratories capable of producing “dry” biological weapons, which have much longer shelf lives and can be deployed with greater dissemination. It was also thought to be able to produce anthrax, aflatoxin, botulism, and clostridium.
bullet During the 1990-91 Gulf War, Iraq had prepared, but not launched, a number of Al-Hussein missiles equipped with biological and/or chemical warheads.
bullet Iraq had repeatedly violated the mandate of UN Resolution 687, which required that all Iraqi bioweapons capabilities be destroyed.
Chemical -
bullet In 2001, Iraq was believed to possess a stockpile of chemical munitions, including at least 25 chemical or biologically-equipped Al-Hussein missiles, 2,000 aerial bombs, up to 25,000 rockets, and 15,000 artillery shells.
bullet Iraq was believed to have the means to produce hundreds of tons of mustard gas, VX toxin, and other nerve agents.
bullet Iraq was reconstructing its former dual-use chemical weapons facilities that had been destroyed during the 1991 Gulf War and during follow-up air strikes. A huge chemical arsenal had been destroyed by UN inspectors after the war.
bullet Iraq retained a large and experienced pool of scientists and technicians capable of making chemical weapons.
bullet In 1988 and 1989, Iraq had used chemical weapons against Iraqi Kurds, and from 1983 through 1989, had used chemical weapons against Iranian troops.
bullet Iraq had repeatedly violated UN Resolution 687, which mandated that all chemical weapons technology and materials in Iraqi hands be destroyed.
bullet Iraq was not a signatory to the Chemical Weapons Convention.
Plame Wilson writes that in 2001, the general view of Iraq among the US intelligence community was that the nation’s government was “dangerous and erratic,” and very interested in procuring chemical, biological, and nuclear weapons technology. The community’s knowledge of Iraq’s WMD program “was a huge puzzle with only a few pieces that fit together correctly.… [N]one of us knew what the completed puzzle would look like.” [Wilson, 2007, pp. 97-98]

Entity Tags: Laura Rozen, Simon and Schuster, Central Intelligence Agency, Center for Nonproliferation Studies, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” [Nation, 10/28/2007]
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).

Entity Tags: Norman Podhoretz, Katrina vanden Heuvel, Saddam Hussein, George W. Bush, Rudolph (“Rudy”) Giuliani

Timeline Tags: US confrontation with Iran, Neoconservative Influence

Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem.Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem. [Source: Time]A chain email circulating around the Internet falsely claims Senator Barack Obama (D-IL), campaigning for president, “refused” to say the Pledge of Allegiance during an event and failed to put his hand over his heart. A photograph with the email shows Obama standing in front of an American flag with his hands clasped just below his waist. Fellow presidential contenders Hillary Clinton (D-NY) and Bill Richardson (D-NM) stand beside him with their hands over their hearts. The email, noting Obama’s middle name is Hussein, claims Obama “REFUSED TO NOT ONLY PUT HIS HAND ON HIS HEART DURING THE PLEDGE OF ALLEGIANCE, BUT REFUSED TO SAY THE PLEDGE… how in the hell can a man like this expect to be our next Commander-in-Chief????” The photograph was not taken during the saying of the pledge, but during the singing of the “Star-Spangled Banner.” It was taken on September 16, 2007 in Indianola, Iowa, at the Harkin Steak Fry, an annual political event hosted by Senator Tom Harkin (D-IA). The photo was printed in Time magazine; the caption said Obama and the others “stand during the national anthem.” Matt Paul, who helped organize the event, confirms that the photo was taken as someone sang the national anthem. Additionally, an ABC News video of the event confirms the photo was taken during the anthem. The email claims that “the article said” Obama refused to say the pledge and would not put his hand on his heart, but the article said nothing of the sort. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, attempts to find another article making the same claim, but only finds blog postings repeating the email’s original assertion. Obama has said the email is false, and that he was singing during the anthem, a claim verified by the ABC video. “My grandfather taught me how to say the Pledge of Allegiance when I was two,” Obama recently said on another campaign stop in Iowa. “During the Pledge of Allegiance you put your hand over your heart. During the national anthem you sing.” He called the email “irritating” and likened it to others that have falsely said he is a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008). The Obama campaign has received strong support from a number of retired military leaders. “Senator Obama’s attackers are peddling lies and smears because they disagree with his strong opposition to the war in Iraq and the rush to war in Iran,” writes former Secretary of the Navy Richard Danzig, in a letter cosigned by retired General Merrill “Tony” McPeak and General J. Scott Gration. “We have served this nation for decades and we know a true patriot when we see one. Barack Obama is a patriot.” Some conservative bloggers have noted their belief that federal law for “patriotic and national observances” says that during the Star-Spangled Banner, “all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart.” The citation is not a formal law, and experts say it is somewhat obsolete, though it is still cited in some military manuals. Modern custom does not require a hand over the heart, says Anne Garside, director of communication for the Maryland Historical Society, home of the original manuscript of the Star-Spangled Banner. “I think the bottom line is that you show respect with your demeanor,” she says. “Whether you put your hand over your heart, hold your hat at shoulder level or waist level, is really in this day and age irrelevant.” [Time, 9/16/2007; ABC News, 11/7/2007; St. Petersburg Times, 11/8/2007]

Entity Tags: Tom Harkin, Tony McPeak, Richard Danzig, Matt Paul, ABC News, PolitiFact (.org ), Anne Garside, Bill Richardson, Barack Obama, Hillary Clinton, J. Scott Gration

Timeline Tags: Domestic Propaganda

On Fox News’s O’Reilly Factor, Christian activist and Republican strategist Christine O’Donnell says that scientists have succeeded in grafting functioning human brains onto mice. O’Donnell and medical researcher Dr. William Morrone are guests of host Bill O’Reilly, who discusses conservatives’ opposition to stem cell research. O’Reilly begins by noting that researchers in Oregon have succeeded in cloning monkey embryos, which he describes as the first step towards cloning human embryos for the harvesting of stem cells. Morrone favors cloning research because of “the pathology and… the pain” that people suffering from multiple sclerosis, Parkinson’s disease, Alzheimer’s disease, and other ailments are forced to endure. Morrone is not in favor of cloning human embryos, but he is optimistic that cloning research might lead to new ways to harvest stem cells without destroying existing embryos. O’Donnell has a different view: she says that the Oregon researchers “proudly stated” their intention to clone human beings, and says that human cloning is the real, secretive goal of all such research. O’Reilly then states that human cloning is possible now: “They can clone humans now if they wanted to.… Everybody knows that scientists have enough knowledge to clone a human being if they wanted to,” a statement to which O’Donnell agrees. She then adds: “They are—they are doing that here in the United States. American scientific companies are cross-breeding humans and animals and coming up with mice with fully functioning human brains. So they’re already into this experiment.” Morrone interjects, “That’s an exaggeration,” but his objections are overridden by O’Reilly asking him: “[D]o you understand her concern that there are people who are unethical who will do this kind of stuff for whatever reason? Do you understand her concern?” He gives O’Donnell the last word in his segment, and she concludes: “[I]t is inevitable. This really is about human cloning, about dignity versus commodity. And we already answered that question.” [Fox News, 11/15/2007] O’Donnell’s assertions will receive little attention until almost three years later, when she wins the Republican primary for the US Senate in Delaware (see September 13, 2010) and the media begins recounting some of her less mainstream political and scientific views. That recounting will speculate that O’Donnell may be misremembering a 2005 report of scientists successfully growing human brain cells within mice; reporter Eric Kleefeld will write that it “is not the same as an actual functioning human brain, but a demonstration that human brain cells can be made from stem cells.” [TPMDC, 9/16/2007]

Entity Tags: Fox News, Bill O’Reilly, Eric Kleefeld, William Morrone, Christine O’Donnell

Timeline Tags: Domestic Propaganda

Former British prime minister Tony Blair admits that he brushed off pleas from his ministers and advisers to try to prevent President Bush from going to war with Iraq, and that he turned down an eleventh-hour offer from Bush to pull Britain out of the conflict. Blair says he was convinced that Bush was doing the right thing in invading Iraq. He also says he wished he had published the full reports from the Joint Intelligence Committee instead of the cherry-picked “September dossier” that made false accusations about Iraq’s weapons of mass destruction—a dossier that Blair says was one of the main factors in his losing the leadership of his country (see September 24, 2002). Blair, speaking as part of a BBC documentary, confirms what many people already believe: that he never used his influence as the leader of America’s strongest ally to try to force Bush away from military confrontation with Iraq. Instead, the invasion “was what I believed in, and I still do believe it.” The documentary shows that many of Blair’s closest advisers in and out of government, including foreign policy adviser David Manning, UN ambassador Jeremy Greenstock, foreign secretary Jack Straw, and even the US’s Secretary of State, Colin Powell, all had serious doubts about the rush to war. But Blair says of his position, “In my view, if it wasn’t clear that the whole nature of the way Saddam was dealing with this issue had changed, I was in favor of military action.” Blair says he and Bush affirmed their intentions to invade Iraq in September 2002, during meetings at Camp David (see September 7, 2002). Bush promised to try to get a second resolution against Iraq in the UN; in return, Blair promised to support Bush in his planned invasion should the UN resolution not pass. Blair also says that, just before the House of Commons voted to authorize Britain to use military force against Iraq (see March 18, 2003), Bush called Blair to offer him the opportunity to withdraw. Blair declined. “He was always very cognizant of the difficulty I had,” Blair recalls. “He was determined we should not end up with the regime change being in Britain and he was saying to me, ‘Look I understand this is very difficult and America can do this militarily on its own and if you want to stick out of it, stick out of it,’ and I was equally emphatic we should not do that.” [London Times, 11/17/2007]

Entity Tags: Joint Intelligence Committee, Colin Powell, David Manning, Jack Straw, George W. Bush, Tony Blair, Jeremy Greenstock, United Nations

Timeline Tags: Events Leading to Iraq Invasion

Joseph Wilson and his wife, Valerie Plame Wilson, jointly respond to former White House press secretary Scott McClellan’s revelation that he had unknowingly misled the public as part of a White House campaign of deception surrounding the “outing” of Plame Wilson, then an undercover CIA agent (see November 20, 2007). The Wilsons quote the words of former President George H. W. Bush in labeling the Bush administration officials they believe betrayed Plame’s identity—Lewis Libby, Karl Rove, Richard Armitage, and Ari Fleischer—as “the most insidious of traitors” (see April 26, 1999). McClellan’s naming of George W. Bush as being “involved” in orchestrating the campaign of deception makes Bush, they write, a “party to a conspiracy by senior administration officials to defraud the public.” The two continue: “If that isn’t a high crime and misdemeanor then we don’t know what is. And if the president was merely an unwitting accomplice, then who lied to him? What is he doing to punish the person who misled the president to abuse his office? And why is that person still working in the executive branch?”
Criticism of Mainstream Media - The Wilsons are particularly irate at the general failure of the mainstream media, with the exception of several MSNBC pundits and reporters, to pay much attention to McClellan, instead dismissing it as “old news.” The Wilsons write: “The Washington press corps, whose pretension is to report and interpret events objectively, has been compromised in this matter as evidence presented in the courtroom demonstrated. Prominent journalists acted as witting agents of Rove, Libby and Armitage and covered up this serious breach of US national security rather than doing their duty as journalists to report it to the public.” They quote one reporter asking if McClellan’s statement was not anything more than “another Wilson publicity stunt.” The Wilsons respond: “Try following this tortuous logic: Dick Cheney runs an operation involving senior White House officials designed to betray the identity of a covert CIA officer and the press responds by trying to prove that the Wilsons are publicity seekers. What ever happened to reporting the news? Welcome to Through the Looking Glass.” They conclude with the question, again using the elder Bush’s words: “Where is the outrage? Where is the ‘contempt and anger?’” [Huffington Post, 11/22/2007]

Entity Tags: Scott McClellan, Valerie Plame Wilson, Richard Armitage, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Ari Fleischer, MSNBC, George Herbert Walker Bush, Joseph C. Wilson, George W. Bush, Karl C. Rove

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

The White House refuses to allow special prosecutor Patrick Fitzgerald to turn over key documents from his investigation into the Valerie Plame Wilson identity leak to Congress, as requested by House Oversight Committee chairman Henry Waxman (D-CA) since June 2007 and revealed by Waxman today. Waxman has repeatedly requested reports of interviews by President Bush, Vice President Dick Cheney, and five top White House aides—White House political strategist Karl Rove, former press secretary Scott McClellan, former chief of staff Andrew Card, National Security Adviser Stephen Hadley, and former communications director Dan Bartlett. Waxman has also requested transcripts and other documents relevant to these officials’ testimony. According to Waxman, Fitzgerald is willing to turn over the documents to the committee, but cannot gain White House permission to do so. Waxman appeals to newly appointed Attorney General Michael Mukasey to overrule the White House and release the documents. “I hope you will not accede to the White House objections,” Waxman writes to Mukasey. “During the Clinton administration, your predecessor, Janet Reno, made an independent judgment and provided numerous FBI interview reports to the committee, including reports of interviews with President Clinton, Vice President Gore, and three White House chiefs of staff. I have been informed that Attorney General Reno neither sought nor obtained White House consent before providing these interview records to the committee. I believe the Justice Department should exercise the same independence in this case.… There is no legitimate basis for the withholding of these documents. Mr. Fitzgerald has apparently determined that these documents can be produced to the committee without infringing on his prosecutorial independence or violating the rules of grand jury secrecy. As records of statements made by White House officials to federal investigators, outside the framework of presidential decision-making, the documents could not be subject to a valid claim of executive privilege.” Mukasey will not accede to Waxman’s request. Many believe that even though Fitzgerald only managed to convict one White House official as a result of his investigation (see March 6, 2007), he compiled evidence that indicates others, including Cheney, were involved in leaking Plame Wilson’s CIA status. Fitzgerald has indicated that his investigation into other White House officials was drastically hindered by Libby’s repeated lies under oath (see 9:00 a.m. February 20, 2007 and May 25, 2007). Fitzgerald has declined to testify before Waxman’s committee, citing rules that prohibit him from revealing grand jury proceedings, and noting that prosecutors “traditionally refrain from commenting outside of the judicial process on the actions of persons not charged with criminal offenses.” [Washington Post, 12/3/2007] Waxman will continue, without success, to request the information (see June 3, 2008), though the White House will release heavily redacted transcripts of Libby’s grand jury testimony in the summer of 2008. [Murray Waas, 12/23/2008]

Entity Tags: George W. Bush, Stephen J. Hadley, Valerie Plame Wilson, Andrew Card, Dan Bartlett, Richard (“Dick”) Cheney, Scott McClellan, Michael Mukasey, Henry A. Waxman, House Committee on Oversight and Government Reform, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Janet Reno, Bush administration (43), Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

While many inside and outside the Bush administration consider the recent National Intelligence Estimate (NIE) on Iran, which concluded that Iran halted its push towards building nuclear weapons in 2003 (see December 3, 2007), a disappointment, a small but influential group inside the Defense Department consider it a victory for their viewpoint. The NIE almost guarantees that Bush will not order any sort of military strike against Iran, a result sought by, among others, Defense Secretary Robert Gates, Joint Chiefs chairman Admiral Michael Mullen, and Admiral William Fallon, the supreme commander of US forces in the Middle East. All three have, in recent months, privately and publicly opposed the idea of going to war with Iran; indeed, the Pentagon’s intelligence units were instrumental in forming the NIE’s conclusions. Time reporter Mark Thompson writes, “Some critics have suggested that the military simply found a public way to quiet the drumbeat for war coming from Vice President Dick Cheney and his shrinking band of allies in the administration.” Additionally, some Pentagon officials believe that this NIE shows the US intelligence community is not as tied to ideological and political concerns as was evidenced by the 2002 NIE on Iraq (see October 1, 2002). For his part, Gates warns that the US and the international community must continue pressuring Iran to keep its nuclear-weapons program dormant, and “[a]s long as they continue with their enrichment activities, then the opportunity to resume that nuclear weapons program is always present.” But Gates adds that the NIE demonstrates that non-military actions are the best way to keep Iran’s nuclear program in check: “If anything, the new national estimate validates the administration’s strategy of bringing diplomatic and economic pressures to bear on the Iranian government to change its policies.” [Time, 12/5/2007]

Entity Tags: US Department of Defense, Bush administration (43), Mark Thompson, Michael Mullen, William Fallon, Richard (“Dick”) Cheney, Robert M. Gates

Timeline Tags: US confrontation with Iran

John Kiriakou.John Kiriakou. [Source: ABC News]Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points:
bullet Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used.
bullet Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.)
bullet After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.”
bullet Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations.
bullet Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file; ABC News, 12/10/2009 pdf file] Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” [New York Times, 12/11/2007; New York Times, 4/28/2009] The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” [New York Times, 4/28/2009] Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” [Harpers, 12/21/2007; Foreign Policy, 4/28/2009]

Entity Tags: Central Intelligence Agency, Scott Horton, Abu Zubaida, John Kiriakou, Annie Lowery

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

An anonymous chain email circulates throughout the Internet claiming that newly elected President Barack Obama took the oath of office for his former position as a US senator on a Koran, the holy book of Islam, and not a Christian Bible. Obama is a Christian (see January 6-11, 2008), though many of his opponents have insisted that he is a “covert Muslim” or Islamist radical (see April 18, 2008). The email misspells the name as “Kuran,” though it is either spelled Koran or Qu’ran. Two press reports from January 2005 confirm that when Obama was sworn into office as the junior senator from Illinois, he took the oath on his family Bible. The Obama presidential campaign has confirmed that Obama used his family Bible. Vice President Dick Cheney, in his role as president of the Senate, administered the oath. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, concludes: “We suspect this false claim was inspired by the 2007 swearing-in of Representative Keith Ellison (D-MN), an American convert to Islam and the first Muslim elected to Congress. Ellison used a Koran that once belonged to Thomas Jefferson, borrowing the rare book from the Library of Congress. It goes without saying that Ellison is not Obama. And with its intent to inflame, we find the email’s allegation not only false, but pants-on-fire wrong.” [St. Petersburg Times, 12/19/2007]

Entity Tags: Keith Ellison, Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

Daniel Pipes, the director of the Middle East Forum and a fellow of the conservative Hoover Institution, writes that presidential candidate Barack Obama (D-IL) is a “lapsed Muslim.” Pipes bases his argument largely on a Los Angeles Times article that was debunked by the Chicago Tribune. Pipes admits that Obama “is a practicing Christian” and “is not now a Muslim.” But, he continues, Obama was a Muslim in his childhood, and may well be considered a murtadd, or apostate, who converted to another religion from Islam and is now a target of retribution. Pipes notes Obama’s repeated denials that he ever practiced Islam, even as a child, and then asks: “What is Obama’s true connection to Islam and what implications might this have for an Obama presidency? Was Obama ever a Muslim?” Pipes writes that even someone who does not practice Islam is still considered a Muslim by many in the faith, and goes on to say that because Obama uses his middle name of “Hussein,” he is sending coded signals to Muslims that he is, indeed, one of them. He concludes by asking: “[H]ow would more mainstream Muslims respond to him, would they be angry at what they would consider his apostasy? That reaction is a real possibility, one that could undermine his initiatives toward the Muslim world.” [FrontPage Magazine, 12/26/2007; Media Matters, 1/16/2008] Pipes’s assertions that Obama is a “lapsed Muslim” will be thoroughly debunked (see January 22-24, 2008), as have his assertions that Obama’s church advocates any form of “black nationalism” or “separatism.” [Media Matters, 11/29/2007]

Entity Tags: Daniel Pipes, Barack Obama

Timeline Tags: Domestic Propaganda

The Pentagon produces a classified report assessing the damage the whistleblower website WikiLeaks could cause to it. The report concludes that “WikiLeaks.org represents a potential force protection, counterintelligence, OPSEC [operational security], and INFOSEC [information security] threat to the US Army.” WikiLeaks published information about US Army operations in Iraq, Afghanistan, and Guantanamo the previous year. The report says some of the interpretations WikiLeaks puts upon released documents are incorrect, but does not detail specific examples. The author also speculates that the organization is actually supported by the CIA. [New York Times, 3/17/2010] The report itself will later be leaked to WikiLeaks and published by it (see March 15, 2010).

Entity Tags: US Department of Defense, WikiLeaks

Timeline Tags: Misc Entries, Domestic Propaganda

The Canadian press reports that the casualty rate among Canadian soldiers in Afghanistan is far higher than that of American and British soldiers in either Afghanistan or Iraq. Canadian troops are stationed in and around the city of Kandahar, one of the most violent areas in Afghanistan. Canadian soldiers die at a rate of 2.6 to four times higher than their British and American counterparts in Afghanistan, and at a rate 2.6 times higher than American soldiers in Iraq. Proportionately, Canadians are dying at a faster rate in Afghanistan than through most of World War II. Lieutenant Colonel Jamie Robertson, a spokesman for the Ministry of National Defense, says, “Kandahar province is very different from even Helmand province next door,” where British troops are stationed. “It’s a totally different threat environment. We are in the former heartland of the Taliban, and obviously they have resorted to tactics designed to force casualties among civilians and security forces whenever possible.” Some experts believe that the heavy casualty rates among Canadians is partly traceable to the Canadians’ lack of heavy-transport helicopters; as a result, they are forced to rely more on ground transportation, where the threat of roadside bombs and ambushes is constantly present. Canada has lost a total of 74 soldiers since joining the US and Britain in Afghanistan. [Canada National Post, 1/4/2008]

Entity Tags: Canadian Ministry of National Defense, Jamie Robertson

Timeline Tags: War in Afghanistan

The sanctuary of Trinity United Churco of Christ.The sanctuary of Trinity United Churco of Christ. [Source: Chocolate City (.cc)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates claims that Democratic senator Barack Obama (D-IL), a presidential candidate, belongs to “a racist, anti-American church.” The investigation concludes that Obama’s church, Trinity United Church of Christ in Chicago, “teaches black empowerment, not racism, and that it claims Africa as its ethnic heritage.” Anonymous emails “ricocheting around the Internet” claim that Obama should not be president because his church is “anti-American” and “scary,” and, somewhat contradictorily, that Obama is not a Christian, but a “covert Muslim” (see December 19, 2007 and January 11, 2008). The emails began within hours of Obama’s Democratic primary win in the Iowa caucuses. One email declares: “If you look at the first page of their Web site, you will learn that this congregation has a nonnegotiable commitment to Africa. No where [sic] is AMERICA even mention [sic]. Notice too, what color you need to be if you should want to join Obama’s church… B-L-A-C-K!!!” PolitiFact writes: “It’s the latest salvo in the email wars—anonymous missives launched into cyberspace seeking to frighten voters away from presidential candidates in the guise of friendly warnings. Typically they use kernels of truth, then launch into falsehood.” Chicago historian Martin Marty, a white religious expert who has attended Trinity United services in the past, says: “There’s no question this is a distortion.… Whites are highly accepted. They don’t make a fuss over you, but you’re very much welcomed.” PolitiFact finds that Trinity United is one of the larger black “megachurches” in the US, preaches a message of black self-reliance, and has as its motto, “Unashamedly Black and Unapologetically Christian.” The church does have a “nonnegotiable commitment to Africa.” However, it has no racial standards for its members, and does have white and other non-black members. Obama is a member who has attended regularly for years, though with the travails of recent presidential campaigning, his attendance has fallen off in recent weeks. The main focus of the email vitriol, aside from Obama, is Trinity’s senior pastor Jeremiah A. Wright Jr., who preaches passionately and focuses on what he calls “black liberation theology.” Obama has written in his memoir, The Audacity of Hope, that it was Wright’s preaching that inspired him to convert from a secular agnosticism to Christianity during the 1980s. He titled his memoir after one of Wright’s sermons. PolitiFact finds, “Trinity’s commitment to Africa appears to be more a statement of philosophical orientation than of political support for any particular African country,” and notes that the church’s Web site states, “Just as those of Jewish heritage advocate on behalf of the state of Israel, and those of Irish heritage advocate on behalf of Ireland, and those of Polish descent for Poland, so must we of African descent care about the land of our heritage—the continent of Africa.” Divinity professor Dwight Hopkins, an African-American member of Trinity, describes the church as “highly evangelical and Bible-based.” The preaching, he says, tends to be “common-sense folk wisdom laced with theological sophistication.… There’s singing and shouting and people get happy. It’s an old-fashioned, mainstream down-home church that somehow is captured in this 8,000-person congregation.” John C. Green, a political science professor, says scholars do not view black liberation theology as racist, but some outsiders may hold that opinion. “A black empowerment theology could be seen as having a racist element because it isn’t neutral in regards to race,” he says. “The person who wrote this email obviously has very strong feelings about this.” In February 2007, Obama said of his church and his faith: “Commitment to God, black community, commitment to the black family, the black work ethic, self-discipline, and self-respect. Those are values that the conservative movement in particular has suggested are necessary for black advancement. So I would be puzzled that they would object or quibble with the bulk of a document that basically espouses profoundly conservative values of self-reliance and self-help.” In recent weeks, Obama has distanced himself somewhat from Wright and Trinity, because, his campaign says, he wishes to avoid bringing an overwhelming influx of media attention onto the church. The campaign said in a statement, “[B]ecause of the type of attention it was receiving on blogs and conservative talk shows, he decided to avoid having statements and beliefs being used out of context and forcing the entire church to defend itself.” Fox News talk show host Sean Hannity has called Trinity’s teachings “divisive,” and engaged in what PolitiFact calls “a spirited debate” with Wright on one of his broadcasts. Conservative ethicist Michael Cromartie agrees with Hannity, saying: “It’s too strong to call it racist but at the same time, it is a form of identity politics or identity theology, which insists you white people can come to this church, but you won’t get it.” Trinity has stated: “There is no anti-American sentiment in the theology or the practice of Trinity United Church of Christ. To be sure, there is prophetic preaching against oppression, racism, and other evils that would deny the American ideal.” Green is reminded of the 1960 presidential election, when many opponents of candidate John F. Kennedy attacked Kennedy for being Catholic. “But we didn’t have the Internet back then,” he says. “This kind of communication has always gone on, but it moves much faster now.” [St. Petersburg Times, 1/6/2008; St. Petersburg Times, 1/6/2008; St. Petersburg Times, 1/11/2008]

Entity Tags: Trinity United Church of Christ, Michael Cromartie, PolitiFact (.org ), Barack Obama, Sean Hannity, Dwight Hopkins, John C. Green, Jeremiah A. Wright Jr, Martin Marty

Timeline Tags: Domestic Propaganda

Syndicated conservative radio host Michael Savage, asserting the oft-debunked claim that Democratic candidate Barack Obama is a Muslim (see January 22-24, 2008), gives Obama’s name as “Barack Madrassas Obama,” referring to schools that teach radical Islam. As reported by progressive media watchdog site Media Matters, Savage also repeats the falsehood that Obama was schooled in an Indonesian madrassah. [Media Matters, 1/11/2008]

Entity Tags: Michael Savage, Barack Obama, Media Matters

Timeline Tags: Domestic Propaganda, 2008 Elections

PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks Internet claims that Senator Barack Obama (D-IL), a presidential candidate, is a covert Muslim whose middle name is Mohammed. The claims appear to be sourced from anonymous emails circulating throughout right-wing blogs and organizations. PolitiFact writes: “First off, Barack Obama’s middle name is not Mohammed; it’s Hussein. He was named after his father, a Kenyan who came to the United States from Africa as a student.” PolitiFact also verifies that Obama is not a Muslim, “covert” or otherwise. Obama is a member of the Trinity United Church of Christ in Chicago (see January 6-11, 2008). PolitiFact notes that the emails contradict themselves, on the one hand making the claim that Obama is a Muslim and on the other attacking his membership in Trinity United. Obama campaign spokesman Robert Gibbs has said, “To be clear, Senator Obama has never been a Muslim, was not raised a Muslim, and is a committed Christian who attends the United Church of Christ in Chicago.” [St. Petersburg Times, 1/11/2008; St. Petersburg Times, 1/11/2008] PolitiFact does further investigation and again debunks the claims months later (see April 18, 2008). PolitiFact has already debunked earlier claims that in 2005, Obama took his Senate oath of office on a Koran, when in reality he used his family Bible (see December 19, 2007).

Entity Tags: Robert Gibbs, PolitiFact (.org ), Barack Obama, Trinity United Church of Christ

Timeline Tags: Domestic Propaganda

At least one supporter of far-right libertarian Representative Ron Paul (R-TX) argues that a recently published article in the New Republic that exposed the overtly racist and conspiratorial content in Paul’s newsletters (see 1978-1996) was the result of a conspiracy by “beltway libertarians” from the Cato Institute to discredit Paul. According to Thomas DiLorenzo, the Koch family (see 1979-1980), who provide much of the funding for the Cato Institute (see 1977-Present and 1981-2010), is behind the conspiracy. “Proof” of this conspiracy, according to DiLorenzo, is that James Kirchick, the author of the article, has said he found many of the newsletters in the University of Kansas library; Charles Koch “is a major patron” of that university. DiLorenzo asks, “How on earth would a kid just out of college know to go to a library in Kansas, of all places, to dig up such stuff?” DiLorenzo goes on to say that he “recognized a paragraph [in Kirchick’s article] that was identical to one written on several occassions by one of the especially hate-filled Beltway losers who works at a DC ‘think tank’ on his spleen-venting personal blog. Either he wrote it or coached the author.” Author David Bernstein, who notes that the Cato Institute is preparing to publish a book of his, speculates that Kirchick may have used an Internet database called Wordcat to find the Paul newsletters, and writes, “Even ‘kids just out of college’ often know how to use the Internet, I believe.” And Kirchick calls DiLorenzo’s conspiracy theorizing “comically credulous.” [New Republic, 1/8/2008; Thomas DiLorenzo, 1/12/2008; David Bernstein, 1/12/2008; New Republic, 1/15/2008] DiLorenzo publishes his theory on the blog of former Paul chief of staff Lew Rockwell, who runs the Ludwig von Mises Institute, a libertarian think tank in Alabama closely allied with Paul. [Thomas DiLorenzo, 1/12/2008] A week after the publication of the first New Republic article, Paul will deny having virtually any involvement with his newsletters (see January 16, 2008).

Entity Tags: Ron Paul, James Kirchick, David Bernstein, Charles Koch, Cato Institute, Lew Rockwell, Ludwig von Mises Institute, Thomas DiLorenzo, The New Republic

Timeline Tags: Domestic Propaganda, 2008 Elections

An editorial in the conservative Investors Business Daily (IBD) claims that presidential candidate Barack Obama (D-IL) is an “African nativist” driven by anti-American and anti-Christian views. According to the IBD editorial, “disturbing information has come to light” showing that “[a]t the core of the Democratic front-runner’s faith—whether lapsed Muslim, new Christian, or some mixture of the two—is African nativism, which raises political issues of its own.” The IBD editorial speculates that Obama is driven by “black nationalism” and fears that he and other African-Americans will continue to be held “captive” to “white culture” unless they take action. The editorial points to the Reverend Jeremiah Wright, one of the pastors of Chicago’s Trinity United Church of Christ where Obama and his family are members, as an “Afro-centric militant” who serves as Obama’s “personal spiritual adviser.” IBD then sounds the alarm about Obama’s “close family ties to Kenya,” particularly the “Muslim militants” of the Kenyan Luo tribe; Obama’s father was a Luo, as is his older half-brother Abongo “Roy” Obama, whom IBD describes as “a Luo activist… a militant Muslim,” and “a Marxist” who has “urge[d] his younger brother to embrace his African heritage.” IBD warns: “Beyond family politics, these ties have potential foreign policy, even national security, implications.… Would Obama put African tribal or family interests ahead of US interests? It’s a valid question, and one voters deserve to have debated regardless of the racial and religious sensitivities. Thanks to a media blackout of these issues, the electorate has yet to benefit from a thorough vetting of Obama.” IBD then informs its readers of Obama’s “Muslim past,” questioning his Christianity and worrying that if he is indeed a Christian, he would have repudiated his “childhood Muslim faith” and be viewed by Muslims as “an apostate,” thereby making him a possible target of “a fatwah” by radical Islamists. It concludes by avowing that Obama’s “Afrocentric doctrine” will be an overt threat to the US if he is elected president, stating, “If a President Obama’s foreign and domestic policies are anything like the Afrocentric doctrine he’s pledged to uphold, Americans will pay a hefty price, including those among the growing black middle class.” [Investor's Business Daily, 1/16/2008] The editorial comes three weeks after a similar claim by conservative scholar Daniel Pipes (see December 26, 2007), and days after conservative radio host Michael Savage claimed Obama was educated in an Islamic madrassa (see January 10, 2008). The assertions will be debunked (see January 22-24, 2008). [Media Matters, 11/29/2007]

Entity Tags: Michael Savage, Investors Business Daily, Barack Obama, Abongo (“Roy”) Obama, Jeremiah A. Wright Jr, Daniel Pipes

Timeline Tags: Domestic Propaganda

Reporters show that Senator Barack Obama (D-IL), a leading Democratic presidential candidate, was never educated in a “madrassa,” or Islamic school, as some of his political enemies claim. Insight Magazine, a subsidiary of the conservative Washington Times, recently reported that the presidential campaign of Senator Hillary Clinton (D-NY) had unearthed information showing that Obama was educated in an Indonesian madrassa during his childhood. The Clinton campaign disputes that it is the source of the story, and calls it “an obvious right-wing hit job.” Obama indeed lived in Indonesia from 1967 through 1971, with his mother and stepfather, but was not educated in a madrassa. Instead, Obama, who was six when his family moved to Indonesia, attended the Basuki School from 1969 through 1971. According to a school official: “This is a public school. We don’t focus on religion.” CNN correspondent John Vause, who visited the school, reports: “I came here to Barack Obama’s elementary school in Jakarta looking for what some are calling an Islamic madrassa… like the ones that teach hate and violence in Pakistan and Afghanistan.… I’ve been to those madrassas in Pakistan… this school is nothing like that.” A former classmate of Obama’s says the school was not radical in 1969: “It’s not [an] Islamic school. It’s general.… There is a lot of Christians, Buddhists, also Confucian.… So that’s a mixed school.” Associated Press reporters also visit two other schools attended by Obama, the SDN Menteng 1 and Fransiskus Assisi. SDN Menteng 1 is a secular public school, according to its vice principal, while Fransiskus Assisi is, according to the Indonesian Ministry of Religious Affairs, “clearly a Catholic school.” After the Insight story is repeated on Fox News, the Obama campaign calls those broadcasts “appallingly irresponsible.” [CNN, 1/22/2008; Associated Press, 1/24/2008] Despite the debunking, some conservative radio hosts continue to assert that Obama is a Muslim (see January 10, 2008, February 21, 2008, April 3, 2008, July 10, 2008, August 1, 2008 and After, August 21, 2008, and September 10, 2008).

Entity Tags: Indonesian Ministry of Religious Affairs, Barack Obama, Basuki School, Hillary Clinton, John Vause, Fransiskus Assisi, Insight Magazine, SDN Menteng 1

Timeline Tags: Domestic Propaganda, 2008 Elections

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