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Context of 'July 31-August 5, 1972: Vice Presidential Candidate Leaves Democratic Ticket over Controversial Medical History'

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Both the prosecution and defense teams in the Lewis Libby trial file status reports with the court. Libby’s lawyers say that two reporters it intends to subpoena may resist testifying; the lawyers do not name the reporters. Special counsel Patrick Fitzgerald says that none of the prosecution’s witnesses, including White House officials, will claim privilege to avoid testifying. However, Fitzgerald writes: “The government is not aware of any government witness who is intending to assert a blanket privilege, and the government does not otherwise anticipate any of its witnesses moving to quash or limit trial subpoenas. The government also does not intend to examine any witnesses on any topic for which we expect an assertion of privilege.” His statement acknowledges the possibility that government witnesses may assert privilege on specific topics of inquiry. Libby requests a tape of a conversation between former Deputy Secretary of State Richard Armitage and Washington Post reporter Bob Woodward, presumably a recording referring to Armitage’s revelation to Woodward that Valerie Plame Wilson was a CIA officer (see June 13, 2003). And Fitzgerald indicates he will drop his appeals of the court’s rulings on classified documents. [US District Court for the District of Columbia, 12/14/2006 pdf file; US District Court for the District of Columbia, 12/14/2006 pdf file]

Entity Tags: Richard Armitage, Patrick J. Fitzgerald, Bob Woodward, Lewis (“Scooter”) Libby

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

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

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

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

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

Based on Monday’s parade of reporters testifying that they were not told of Valerie Plame Wilson’s CIA identity by former White House official Lewis Libby (see February 12, 2007, February 12, 2007, February 12, 2007, February 12, 2007, and February 12, 2007), National Review columnist Byron York asks the same question Libby’s lawyers are asking during the trial: if Libby leaked Plame Wilson’s identity to reporters Judith Miller and Matt Cooper (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), why didn’t he leak it to the other reporters who testified? York writes: “Each was covering events in Washington during that intense period in mid-2003 when the Bush administration came under attack from former ambassador Joseph Wilson over its case for war in Iraq. Each interviewed Libby, then Vice President Dick Cheney’s chief of staff. And each heard nothing from Libby about Valerie Plame Wilson.… Did Cheney, who is portrayed in some scenarios as the mastermind of the leak, tell Libby to disclose Mrs. Wilson’s identity to Matt Cooper and not to Bob Woodward? To Judith Miller and not to Robert Novak?” These are the questions York says the defense hopes the jury will ask. York notes that Washington Post reporter Walter Pincus directly contradicted former White House press secretary Ari Fleischer’s claim that he did not tell Pincus of Plame Wilson’s identity, an exchange York says heavily damages Fleischer’s credibility. The defense contends that Libby may have learned of Plame Wilson’s CIA identity from other, unnamed reporters; Libby, the defense says, later “misremembered” his source as being NBC’s Tim Russert (see July 10 or 11, 2003 and February 7-8, 2007), who has contradicted Libby’s claim that he learned of Plame Wilson’s CIA identity from him. York says that the most telling moments came during the testimony of Post reporter Bob Woodward, who played an audiotape of his conversation with then-Deputy Secretary of State Richard Armitage, who told him of Plame Wilson’s identity well before Libby exposed the CIA official to the press (see June 13, 2003). Armitage’s statement that “everyone knows it” refers, York writes, to Joseph Wilson being the anonymous former ambassador criticizing the Bush administration in the press, but York notes that some in the jury might take the reference to mean that “everyone knows” of Plame Wilson’s CIA status. “In any event, none of it had anything to do with Libby, except that Libby was not the one leaking,” York concludes. [National Review, 2/13/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Bob Woodward, Ari Fleischer, Byron York, Judith Miller, Matthew Cooper, Richard Armitage, Valerie Plame Wilson, Robert Novak, Tim Russert, Richard (“Dick”) Cheney, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Columnist Byron York, writing for the conservative publication National Review, explains to readers why neither former White House official Lewis Libby nor Vice President Dick Cheney testified during Libby’s trial on perjury and obstruction charges (see February 13-14, 2007). York says that once the decision was made for Libby not to testify, there was no reason for Cheney to testify. “The vice president would likely have testified about Libby’s state of mind in May, June, and July of 2003, when the Bush administration’s case for war in Iraq was under attack by former ambassador Joseph Wilson,” York writes. “The Libby defense has maintained that he, Libby, was tremendously busy at the time and might well have forgotten about the particulars of how he learned, and then forgot, about the identity of Valerie Plame Wilson. With Libby not testifying, it followed that Cheney wouldn’t either.” York then addresses the decision to keep Libby off the witness stand. For York, the question was not whether the jury needed to hear Libby talk about his role in exposing Valerie Plame Wilson as a CIA official, but whether the jury needed to hear it again, after listening to eight hours of Libby’s grand jury testimony (see February 5, 2007 and February 6, 2007). “[B]y the time Libby had to decide whether to testify,” York writes, “the jury had already heard a lot of Lewis Libby testifying.” It had also heard audio of special prosecutor Patrick Fitzgerald quizzing Libby. York writes: “Libby’s defenders are betting that jurors took from those recordings an impression not only of the defendant but of the prosecutor. And the impression that Libby’s supporters hope jurors will have is that of a prosecutor trying too hard to find a crime where there was none.” What jurors did not hear during those hours of audio evidence, York notes, was Fitzgerald asking Libby about former Deputy Secretary of State Richard Armitage’s leak of Plame Wilson’s CIA identity (see June 13, 2003). York concludes: “[T]he entirety of Fitzgerald’s grand jury questioning might leave jurors with a more nuanced impression: that of a prosecutor who had received faulty information, or incomplete information, from other witnesses and who looked to Libby—and not those who had omitted or failed to remember key acts during their testimony—as the suspected criminal. The grand jury tapes reveal a prosecutor who had had sand thrown in his eyes—to use Fitzgerald’s famous image—but it had not been thrown by Lewis Libby.” [National Review, 2/15/2007]

Entity Tags: Richard Armitage, Bush administration (43), Byron York, Richard (“Dick”) Cheney, Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

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

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

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

Microsoft logo.Microsoft logo. [Source: Your Logo Collection (.com)]The National Security Agency (NSA) reveals plans to build an enormous new data center in San Antonio, Texas, three months after Microsoft announced plans to build a $550 million data center in the same area. [National Security Agency, 4/19/2007] The NSA previously acknowledged building a similar data storage facility in Colorado (see January 30, 2006). Reporter and author James Bamford will later write in his book The Shadow Factory that “[t]he timing of the move was interesting,” because the NSA had leased a building in San Antonio in 2005, but had not done anything further. The NSA only announces plans to move forward with the data center after Microsoft revealed plans to build a 470,000 square foot cloud data center that would handle Internet search data, emails, and instant messages. Bamford will quote Bexar County judge Nelson Wolff’s statement to the San Antonio Express-News, “We told [the NSA] we were going to get Microsoft, and that really opened up their eyes,” and write, “For an agency heavily involved in data harvesting, there were many advantages to having their miners next door to the mother lode of data centers” (see 1997, February 27, 2000, February 2001), Spring 2001, April 4, 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, and December 15, 2005). Microsoft’s operation will be largely automated and employ only 75 people. In contrast, the NSA’s facility is to be the same size, but employ 1,500. Bamford will write that this is “far more than was needed to babysit a warehouse of routers and servers but enough to analyze the data passing across them.” [Data Center Knowledge, 1/19/2007; San Antonio Express-News, 4/18/2007; Bamford, 2008, pp. 317-318] Former senior AT&T technician and warrantless surveillance whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) will reference Bamford’s book and agree that this “suggests a massive data mining operation.” [Klein, 2009, pp. 41]

Entity Tags: James Bamford, Microsoft Corporation, National Security Agency, Mark Klein

Timeline Tags: Civil Liberties

Eric Lichtblau.Eric Lichtblau. [Source: PBS]Jack Goldsmith, the former head of the Justice Department’s Office of Legal Counsel (see October 6, 2003 and June 17, 2004), is subpoenaed to testify in the Justice Department’s investigation of the leaks that resulted in the New York Times’s dramatic disclosure of the NSA domestic wiretapping program (see December 15, 2005). Goldsmith had spoken to one of the two Times reporters, Eric Lichtblau, in October 2004, three months after his resignation from the OLC, but lied to Lichtblau, saying he knew nothing of the program. He immediately alerted his former boss, Deputy Attorney General James Comey, of the interview.
'Stunned' By Subpoena - In his September 2007 book The Terror Presidency, Goldsmith will recall being “stunned” at the subpoena, though the two FBI agents who give him the subpoena—in public—say that they don’t suspect him as the source of the leak. Goldsmith later recalls, “What angered me most about the subpoena I received on that wet day in Cambridge was not the expense of lawyers or a possible perjury trap, but rather the fact that it was Alberto Gonzales’s Justice Department that had issued it. As [the two FBI agents] knew, I had spent hundreds of very difficult hours at OLC, in the face of extraordinary White House resistance, trying to clean up the legal mess that then-White House Counsel Gonzales, David Addington, John Yoo, and others had created in designing the foundations of the Terrorist Surveillance Program. It seemed rich beyond my comprehension for a Gonzales-led Department of Justice to be pursuing me for possibly illegal actions in connection with the Terrorist Surveillance Program….”
Supported Surveillance of Terrorism - Goldsmith will continue, “I was not opposed to the leak investigation itself or to vigorous surveillance of terrorists. I agreed with President Bush that the revelations by [James] Risen and Lichtblau had alerted our enemies, put our citizens at risk, and done ‘great harm’ to the nation. I hoped the FBI would find and punish the leakers, and I had spent many hours trying to help them do so. I also shared many of the White House’s concerns with the Foreign Intelligence Surveillance Act (FISA), the 1978 domestic wiretapping law that required executive officers, on pain of jail, to get a court warrant before wiretapping suspected enemies in the United States. We were at war with terrorists who were armed with disposable cell phones and encrypted e-mails buried in a global multibillion-communications-per-day system. It seemed crazy to require the commander in chief and his subordinates to get a judge’s permission to listen to each communication under a legal regime that was designed before technological revolutions brought us high-speed fiber-optic networks, the public Internet, e-mail, and ten-dollar cell phones. But I deplored the way the White House went about fixing the problem. ‘We’re one bomb away from getting rid of that obnoxious [FISA] court,’ Addington had told me in his typically sarcastic style during a tense White House meeting in February of 2004 (see February 2004). The vice president’s counsel, who was the chief legal architect of the Terrorist Surveillance Program, was singing the White House tune on FISA. He and the vice president had abhorred FISA’s intrusion on presidential power ever since its enactment in 1978. After 9/11 they and other top officials in the administration dealt with FISA the way they dealt with other laws they didn’t like: They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations. My first experience of this strict control, in fact, had come in a 2003 meeting when Addington angrily denied the NSA inspector general’s request to see a copy of OLC’s legal analysis in support of the Terrorist Surveillance Program. Before I arrived in OLC, not even NSA lawyers were allowed to see the Justice Department’s legal analysis of what NSA was doing.”
Difficult to Justify Legally - Goldsmith will write of the difficulties he found in finding legal justifications for the program. “I first encountered the program in 2003-2004, long after it had been integrated into the post-9/11 counterterrorism architecture. Putting it legally aright at that point, without destroying some of the government’s most important counterterrorism tools, was by far the hardest challenge I faced in government. And the whole ordeal could have been avoided.…In 2004, I and others in the Department of Justice had begun the process of working with the FISA court to give the commander in chief much more flexibility in tracking terrorists. From the beginning the administration could have taken these and other steps to ramp up terrorist surveillance in indisputably lawful ways that would have minimized the likelihood of a devastating national security leak. But only if it had been willing to work with the FISA court or Congress. The White House had found it much easier to go it alone, in secret.” [Slate, 9/10/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, New York Times, Terrorist Surveillance Program, John C. Yoo, Office of Legal Counsel (DOJ), James B. Comey Jr., Eric Lichtblau, David S. Addington, Alberto R. Gonzales, James Risen, Jack Goldsmith, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, George W. Bush

Timeline Tags: Civil Liberties

Bush administration officials tell Senate Intelligence Committee members that they will not promise to continue seeking warrants for surveillance on US citizens, as the administration agreed to do in January 2007. They insist that President Bush has the Constitutional authority to decide whether or not to order the NSA to conduct surveillance without warrants if he desires. The secret wiretapping program was revealed to the public just weeks before the agreement (see December 15, 2005), and immediately drew tremendous outcries of criticism from civil libertarians, from lawmakers from all across the political spectrum, and from much of the public. Since the January agreement, the Foreign Intelligence Surveillance Act (FISA) court has issued warrants for domestic wiretaps after being given evidence showing some kind of probable cause to justify the proposed surveillance. Previously, the wiretapping program had ignored the FISA restrictions. Now Bush officials, most notably the new director of national intelligence, Mike McConnell, are saying that Bush has the authority under Article II of the Constitution to order warrantless wiretaps on US citizens.
Invoking Presidential Authority - In Senate testimony on this day, Russ Feingold (D-WI) asks McConnell if he is willing to promise that the administration will no longer ignore the law and the court when monitoring citizens. McConnell replies, “Sir, the president’s authority under Article II is in the Constitution. So if the president chose to exercise Article II authority, that would be the president’s call.” McConnell is echoing previous arguments made by Bush and other officials, who have said that Bush has the power to order wiretaps without court review, both under the Constitution and under the September 2001 Congressional authorization to use military force against al-Qaeda. McConnell says that the administration is conducting surveillance against Americans only with court warrants, and has no plans “that we are formulating or thinking about currently” to resume domestic wiretapping without warrants. “But I’d just highlight,” he adds, “Article II is Article II, so in a different circumstance, I can’t speak for the president what he might decide.” [New York Times, 5/2/2007] Article II is the section of the Constitution that delineates the powers of the executive branch, and establishes the fundamental “separation of powers” doctrine that governs American democracy. Constitutional expert Steve Mount notes that the “Constitution is deliberately inefficient; the “Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.” [Mount, 1995]
White House Seeking Congressional Authorization - While the administration continues to argue that it has the power to eavesdrop on US citizens without warrants, it also continues to seek Congressional legislation affirming and perhaps expanding that power. The White House justifies that hoped-for legislation by pointing to national security and the war on terrorism, as well as the challenges posed by new communications technologies such as e-mail and wireless communications. White House officials have consistently refused to go into specifics as to what communications gaps they feel need plugging. And they have consistently ignored Congressional requests for information and documents related to the NSA’s domestic spy program, now being called the “Terrorist Surveillance Program” by White House officials and their Republican colleagues. Many Congressional Democrats say they would be reluctant to support any such legislation until they receive the information they have requested. “To this day, we have never been provided the presidential authorization that cleared that program to go or the attorney general-Department of Justice opinions that declared it to be lawful,” says Senator Sheldon Whitehouse (D-RI). “Where’s the transparency as to the presidential authorizations for this closed program? That’s a pretty big ‘we’re not going to tell you’ in this new atmosphere of trust we’re trying to build.” [New York Times, 5/2/2007]

Entity Tags: Steve Mount, Sheldon Whitehouse, Senate Intelligence Committee, National Security Agency, Al-Qaeda, Bush administration (43), Foreign Intelligence Surveillance Court, Russell D. Feingold, Mike McConnell, George W. Bush

Timeline Tags: Civil Liberties

Attorney General Alberto Gonzales comes under fire from members of the Senate Judiciary Committee regarding the National Security Agency’s domestic warrantless wiretapping program (see December 15, 2005. Testimony from the day before by former deputy attorney general James Comey (see May 15, 2007) showed that White House and Justice Department officials were, and still are, deeply divided over the legality and efficacy of the program. But Gonzales has said repeatedly, both under oath before Congress and in other venues, that there is little debate over the NSA surveillance program, and almost all administration officials are unified in support of the program. In February 2006, he told the committee, “There has not been any serious disagreement about the program that the president has confirmed. There have been disagreements about other matters regarding operations, which I cannot get into.” Gonzales’s veracity has come under question before, and many senators are disinclined to believe his new testimony. Committee Democrats point out that Comey’s testimony flatly contradicts Gonzales’s statements from that February session. A letter from Senators Russ Feingold, Charles Schumer, Edward Kennedy, and Richard Durbin asks Gonzales, “In light of Mr. Comey’s testimony yesterday, do you stand by your 2006 Senate and House testimony, or do you wish to revise it?” And some Senate Republicans are now joining Democrats in calling for Gonzales’s removal. Chuck Hagel (R-NE) says, “The American people deserve an attorney general, the chief law enforcement officer of our country, whose honesty and capability are beyond question. Attorney General Gonzales can no longer meet this standard. He has failed this country. He has lost the moral authority to lead.” White House press secretary Tony Snow says of Hagel’s statement, “We disagree, and the president supports the attorney general.” Hagel joins three other Republican senators, John Sununu, Tom Coburn, and presidential candidate John McCain, and House GOP Conference Chairman Adam Putnam, in calling for Gonzales’s firing. Former Senate Intelligence Commitee chairman Pat Roberts (R-KS) says that Gonzales should consider resigning, a stance echoed by fellow Republican senators Arlen Specter and Gordon Smith. [Associated Press, 5/17/2007] Gonzales’s defenders say that his testimony to the committee, while legalistic and narrowly focused, is technically accurate, because the NSA program also involves “data mining” of huge electronic databases containing personal information on millions of US citizens, and that program is not exactly the same as the so-called “Terrorist Surveillance Program,” as the NSA’s wiretapping program is now called by White House officials (see Early 2004). But Feingold disagrees. “I’ve had the opportunity to review the classified matters at issue here, and I believe that his testimony was misleading at best.” [New York Times, 7/29/2007]

Entity Tags: Charles Schumer, Arlen Specter, Terrorist Surveillance Program, Tom Coburn, Tony Snow, US Department of Justice, Adam Putnam, Senate Intelligence Committee, Russell D. Feingold, Senate Judiciary Committee, Pat Roberts, Richard (“Dick”) Durbin, Edward M. (“Ted”) Kennedy, Chuck Hagel, Gordon Smith, John Sununu, John McCain, National Security Agency, Alberto R. Gonzales, James B. Comey Jr.

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

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

James Reston Jr.James Reston Jr. [Source: James Reston, Jr]James Reston Jr., a member of David Frost’s research team for the famous Nixon-Frost interviews (see Early 1976), publishes his book, The Conviction of Richard Nixon, about those debates and their echoes in the actions of the Bush administration. Reston writes that “it might be argued that the post-September 11 domestic abuses find their origin in Watergate. In 1977 the commentators were shocked when Nixon said about his burglaries and wiretaps, ‘If the president does it, that means it’s not illegal’ (see April 6, 1977).… These brazen words… come eerily down to us through the tunnel of the last thirty years.”
Presidential Immunity - Reston writes: “In the area of criminal activity, Nixon argues, the president is immune. He can eavesdrop; he can cover up; he can approve burglaries; he can bend government agencies like the CIA and the FBI to his own political purposes. He can do so in the name of ‘national security’ and ‘executive privilege.’ And when these acts are exposed, he can call them ‘mistakes’ or ‘stupid things’ or ‘pipsqueak’ matters. In the 21st century, Nixon’s principle has been extended to authorizing torture, setting up secret prisons around the world, and ignoring the requirement for search warrants. A president can scrap the Geneva Convention and misuse the Defense Department and lie about the intelligence analyses. He is above the law. This is especially so when the nation is mired in an unpopular war, when the country is divided, when mass protests are in the streets of America, and an American president is pilloried around the world. If Nixon’s words resonate today, so also does the word Watergate.”
Echoes of Nixon and Watergate - Reston continues: “Again the nation is in a failing, elective war. A Nixon successor is again charged with abuse of power in covering up and distorting crucial facts as he dragged the country, under false pretenses, into war. Again secrecy reigns in the White House, and the argument is made that national security trumps all.… In 2007 the issue has returned with a vengeance. And one can become almost wistful in realizing that the period after Watergate brought an era of reform. A campaign finance law was passed; Congress reasserted its control over intelligence activities; and moral codes were enunciated for public officials. National security, the New York Times editorialized after the interviews, was no longer ‘the magic incantation’ that automatically paralyzed inquiry. After September 11, the incantation became magic again. And so, people have asked, after the Bush presidency, who will be his David Frost? It is hard to imagine that there will be one.” [Reston, 2007, pp. 9-10, 180]

Entity Tags: US Department of Defense, James Reston, Jr, George W. Bush, Federal Bureau of Investigation, David Frost, Central Intelligence Agency, Richard M. Nixon, Geneva Conventions

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Niger Uranium and Plame Outing

The Supreme Court, ruling in the Wisconsin Right to Life v. Federal Election Commission case, finds that some political advertisements can be exempted from the “electioneering communications” provision of the McCain-Feingold campaign reform act (see March 27, 2002). The case stems from attempts by an anti-abortion advocacy group, Wisconsin Right to Life (WRTL), to run ads asking viewers to contact their senators and urge them to oppose filibusters of judicial nominees. WRTL tried to run its ads during the 30 and 60-day “blackout” periods before the upcoming 2004 elections, but because it accepted corporate contributions and was itself incorporated, the McCain-Feingold restrictions prevented the ads from running. WRTL argued that the ads were not targeting candidates, but were strictly issue-related (see Mid-2004 and After). The case was initially dismissed, but the Supreme Court reversed that decision and remanded the case back to the lower courts. The Federal Election Commission (FEC) argued that the ads were intended to influence US Senate elections in Wisconsin, and thusly should be regulated by McCain-Feingold. A district court disagreed, ruling against the FEC and finding that the ads were “protected speech” (see January 30, 1976), though it limited its findings solely to the WRTL ads and specified that its ruling was not to apply to other cases. The FEC appealed the case to the US Supreme Court, which in a 5-4 decision finds that the district court’s ruling is valid. Chief Justice John Roberts writes the majority opinion, which establishes broad exemptions for advertisements that could be “reasonably” interpreted as being about legislative issues and not directed on behalf of, or against, a particular candidate. As long as “issue ads” do not contain the “functional equivalent” of express advocacy for or against a candidate, the Roberts opinion holds, and the advertisements are legal. The ads involve “core political speech” that is protected by the First Amendment, Roberts finds: “We give the benefit of the doubt to speech, not censorship.” Justice David Souter writes the dissenting opinion. Justices Antonin Scalia and Clarence Thomas write a concurring opinion that joins them with Roberts and the other two conservative justices, but in their concurrence, they say they would overturn the McCain-Feingold law in its entirety. [Connecticut Network, 2006 pdf file; Los Angeles Times, 6/26/2007; FindLaw, 2011; National Public Radio, 2012; Oyez (.org), 7/1/2012] Roberts is careful in the language of his majority opinion, writing that “the First Amendment requires us to err on the side of protecting political speech rather than suppressing it.” He does not directly advocate for the overturning of the McCain-Feingold law, but referring to the 2003 McConnell decision that upheld the law (see December 10, 2003), he writes, “We have no occasion to revisit that determination today.” In 2012, reporter Jeffrey Toobin will write of Roberts’s use of the word “today,” “To those who know the language of the Court, the Chief Justice was all but announcing that five justices would soon declare the McCain-Feingold law unconstitutional.” [New Yorker, 5/21/2012] Toobin is referring to the 2010 Citizens United decision that will overturn most of the law (see January 21, 2010).

Entity Tags: John G. Roberts, Jr, Clarence Thomas, David Souter, Antonin Scalia, Federal Election Commission, Wisconsin Right to Life, US Supreme Court, Jeffrey Toobin

Timeline Tags: Civil Liberties

Legal analyst Jeffrey Toobin says he is “shocked” and “appalled” by the apparent perjury of Attorney General Alberto Gonzales to Congress. Gonzales testified (see July 24, 2007) under oath about a 2004 visit to a hospitalized John Ashcroft by himself and then-White House chief of staff Andrew Card to pressure Ashcroft, then the attorney general, to overrule the acting attorney general, James Comey, and reauthorize the National Security Agency’s domestic wiretapping program (see December 15, 2005). Toobin says of Gonzales’s apparent perjury, “You know, it’s our job to be jaded and not to be shocked. But I’m shocked. I mean, this is such an appalling set of circumstances. And the Justice Department is full of the most honorable, decent, skilled lawyers in the country. And to be led by someone who is so repudiated by members of both parties is, frankly, just shocking.” Toobin explains the nature of Gonzales’s alleged lies: when Gonzales was first asked, under oath, if there was any dispute among Justice Department and White House officials over the NSA program, he denied any such debates had taken place (see May 16, 2007). But months later, Comey testified (see May 15, 2007) that there was so much dissension in the Justice Department concerning the program that the attempt to pressure the ailing Ashcroft to reauthorize the program brought the dissent to a head: Comey, Ashcroft, FBI director Robert Mueller, and other officials threatened to resign if the program was not brought into line. Comey flatly contradicted Gonzales’s version of events. (Weeks from now, Mueller will release five pages of his own notes from that 2004 hospital meeting that will confirm Comey’s veracity; see August 16, 2007.) After Comey’s testimony called Gonzales’s truthfulness into question, Gonzales changed his story. He told his Congressional questioners that there were in fact two different programs that were being discussed at Ashcroft’s bedside, one controversial and the other not. Mueller has also testified that there is only one program causing such dispute: the NSA warrantless surveillance program. Toobin says, “So, this week, what happened was, the Senators said, well, what do you mean? How could you say it was uncontroversial, when there was this gigantic controversy? And Gonzales said, oh, no, no, no, we’re talking about two different programs. One was controversial. One wasn’t. But Mueller said today it was all just one program, and Gonzales, by implication, is not telling the truth.” The White House contends that the apparent contradiction of Gonzales’s varying statements is explained by the fact that all such surveillance programs are so highly classified that Gonzales cannot go into enough detail about the various programs to explain his “confusing” testimony. But Toobin disputes that explanation: “Mueller didn’t seem confused. No one seems confused, except Alberto Gonzales.” [CNN, 7/26/2007; Raw Story, 7/27/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, James B. Comey Jr., Jeffrey Toobin, Robert S. Mueller III, John Ashcroft, US Department of Justice, National Security Agency

Timeline Tags: Civil Liberties

In a letter to Senator Arlen Specter (R-PA), Director of National Intelligence Mike McConnell acknowledges that President Bush “authorized the National Security Agency to undertake various intelligence activities designed to protect the United States from further terrorist attack.” Many of these “intelligence activities,” the nature of which has never been made public, were authorized under the same secret executive order Bush used to authorize the NSA’s domestic warrantless wiretapping program (see Early 2002). McConnell says that the only aspects of the variety of programs that can be acknowledged or discussed are those already revealed by the New York Times in its expose of the NSA warrantless surveillance program (see December 15, 2005). McConnell adds, “It remains the case that the operational details even of the activity acknowledged and described by the President have not been made public and cannot be disclosed without harming national security.” McConnell also acknowledges that the marketing moniker “Terrorist Surveillance Program” was adopted in early 2006, after the revelations of the NSA program hit the media. [Mike McConnell, 7/31/2007 pdf file]

Entity Tags: National Security Agency, Arlen Specter, Mike McConnell, George W. Bush, Terrorist Surveillance Program, New York Times

Timeline Tags: Civil Liberties

FBI agents raid the home of former Justice Department prosecutor Thomas Tamm, who is suspected of leaking information to the New York Times regarding the Bush administration’s warrantless wiretapping program (see Spring 2004 and December 15, 2005). Tamm previously worked in the Justice Department’s Office of Intelligence Policy and Review (OIPR), which oversees surveillance of terrorist and espionage suspects. The FBI agents seize Tamm’s computer as well as those of his three children and a store of personal files. They also take some of his books (including one on famed Watergate whistleblower “Deep Throat” (see May 31, 2005), and even the family’s Christmas card list. Tamm is not home when the raid is staged, so the agents sit his wife and children around the kitchen table and grill them about Tamm’s activities. His oldest son, Terry, will later recall: “They asked me questions like ‘Are there any secret rooms or compartments in the house’? Or did we have a safe? They asked us if any New York Times reporters had been to the house. We had no idea why any of this was happening.” The raid is part of a leak probe ordered by President Bush (see December 30, 2005). James X. Dempsey of the Center for Democracy and Technology calls the decision to stage the raid “amazing,” and says it shows the administration’s misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps. [Newsweek, 8/2007; Newsweek, 12/22/2008] In late 2008, Tamm will reveal to Newsweek that he is one source for the Times articles (see December 22, 2008). At the time of the raid, his family has no idea that he knows anything about the wiretapping program, or that he has spoken to reporters. [Newsweek, 12/22/2008]

Entity Tags: Office of Intelligence Policy and Review, Federal Bureau of Investigation, Bush administration (43), ’Stellar Wind’, George W. Bush, James X. Dempsey, New York Times, Thomas Tamm, US Department of Justice, Terry Tamm

Timeline Tags: Civil Liberties

Mitch McConnell.Mitch McConnell. [Source: US Senate]President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. [US Senate, 8/5/2007; Washington Post, 8/5/2007] It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. [New York Times, 8/6/2007] Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” [Slate, 8/6/2007] The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. [Associated Press, 8/5/2007; Washington Post, 8/5/2007]
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. [White House, 8/6/2006]
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” [Washington Post, 8/5/2007]

Entity Tags: Christopher (“Kit”) Bond, National Security Agency, Foreign Intelligence Surveillance Act, George W. Bush, Foreign Intelligence Surveillance Court, Mitch McConnell, Al-Qaeda, Terrorist Surveillance Program, Kate Martin, Patrick Radden Keefe, Rush Holt, Protect America Act

Timeline Tags: Civil Liberties

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

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

Director of National Intelligence Michael McConnell says that the 9/11 hijackers could not be monitored in the US because they did not commit any crimes. He says in a speech: “[I]f Mohamed Atta had been in Pakistan and we were tracking him, some way to track him—he went to Turkey, went to Europe, got over to Canada, we’d track him as foreign intelligence target, and he crosses into the United States, he’s now a US person; he gets all of the rights and privileges that you get. He’s invisible to your intelligence community. As long as he doesn’t break the law, law enforcement can’t conduct surveillance because they don’t have a probable cause. Al-Qaeda recognized that and that is why 9/11 happened in my view.” [Director of National Intelligence, 1/17/2008 pdf file] The 9/11 hijackers committed various offenses for which they could have been arrested in the US, such as lying on visa application forms (see August 29, 2001), overstaying their visas (see January 18, 2001, May 20, 2001 and January 10, 2001), driving without a license (note: a warrant for Mohamed Atta’s arrest was even issued in the summer of 2001—see June 4, 2001), and having a known role in blowing up the USS Cole, thereby murdering 17 US servicemen (see Around October 12, 2000). The Foreign Intelligence Surveillance Act was also specifically designed so that the FBI and other agencies could monitor agents of foreign powers in the US even if they did not commit a crime (see 1978).

Entity Tags: Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, Mike McConnell, Mohamed Atta, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House press secretary Dana Perino dismisses a study by the Center for Public Integrity (CPI) that found 935 false statements made by President Bush and seven of his top officials before the invasion of Iraq that helped mislead the country into believing Iraq was an imminent threat (see January 23, 2008). Perino responds: “I hardly think that the study is worth spending any time on. It is so flawed in terms of taking anything into context or including—they only looked at members of the administration, rather than looking at members of Congress or people around the world, because, as you’ll remember, we were part of a broad coalition of countries that deposed a dictator based on a collective understanding of the intelligence.”
CPI Response - CPI’s Charles Lewis, a co-author of the study, retorts that Perino has little credibility because “this is the press secretary who didn’t know about the Cuban Missile Crisis until a few months ago.… [S]he made a reference that she had—actually didn’t know about the Cuban Missile Crisis back in the ‘60s. For a White House press secretary to say that is astonishing to me.” Lewis calls Perino’s comment “predictable,” and cracks, “At least she didn’t call this a third-rate burglary” (see 2:30 a.m.June 17, 1972). “If my administration, that I’m the flack for, made 935 false statements, I would want to say, ‘Go do another study and take ten years and look at the world and Congress.’ The fact is, the world was rallied, as was the compliant Congress, into doing exactly what the administration wanted. And the bottom line is, she didn’t say that they were not false statements. Basically, they acknowledged they were false statements without her saying it. They have essentially said, ‘Gosh, I guess there weren’t any WMDs in Iraq,’ in other statements they’ve made, ‘it’s all bad intelligence.’”
Defense of Analysis - Far from being a flawed and superficial analysis, Lewis says, the analysis supplies “400,000 words of context, weaving in all of this material, not just what they said at the time, but what has transpired and what has tumbled out factually in the subsequent six years. So we actually have as much context so far as anyone has provided in one place. It’s searchable for all citizens in the world and for Congress and others that want to deal with this from here on.” [Democracy Now!, 1/24/2008]

Entity Tags: Charles Lewis, Bush administration (43), Center for Public Integrity, George W. Bush, Dana Perino

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

President Bush again demands that Congress reinstate the Protect America Act (PAA) (see August 5, 2007), with new provisions providing the nation’s telecommunications industry retroactive legal immunity from criminal and civil prosecution for possible crimes committed in the administration’s domestic wiretapping program (see May 12, 2006). Bush says that without such immunity, US telecom firms will be reluctant to help the administration spy on potential terrorists. The PAA is a central part of the legislative update of the 1978 Foreign Intelligence Surveillance Act (FISA) (see 1978) which mandates that any wiretaps must receive the approval of the FISA Court. Bush insists that he will veto an update to FISA without the immunity provisions, even as he asserts the country is at risk of further terrorist attacks without the FISA updates, and after letting the PAA lapse without signing an extension of the legislation into law. However, Bush blames Congress for not passing the FISA update with an immunity clause: “Congress’ failure to pass this legislation was irresponsible,” he says. “In other words, the House’s refusal to act is undermining our ability to get cooperation from private companies. And that undermines our efforts to protect us from terrorist attack.” He explains why the Democrats don’t want his bill: “House leaders are blocking this legislation, and the reason can be summed up in three words: class action lawsuits.” A spokesman for Congressional Democrats retorts: “They cannot have it both ways. If it is true that the expiration of the [surveillance law] has caused gaps in intelligence, then it was irresponsible for the president and Congressional Republicans to openly oppose an extension of the law.”
Democrats Put Trial Lawyers Before National Security? - Bush says: “The Senate bill would prevent plaintiffs’ attorneys from suing companies believed to have helped defend America after the 9/11 attacks. More than 40 of these lawsuits have been filed, seeking hundreds of billions of dollars in damages from these companies.… It is unfair and unjust to threaten these companies with financial ruin only because they are believed to have done the right thing and helped their country.” The lawsuits (see June 26, 2006) seek damages based upon violations of FISA, the Wiretap Act, the Communications Act, and the Stored Communications Act, among other laws. Bob Edgar of Common Cause says neither money nor punishment is the issue: “Innocent Americans who have had their rights violated by the telecoms deserve their day in court. If these companies did nothing wrong, then they have nothing to fear.” Bush is apparently attempting to refocus the issue as an attack on trial lawyers—traditionally a group supportive of Democrats—in saying: “Members of the House have a choice to make: They can empower the trial bar—or they can empower the intelligence community. They can help class action trial lawyers sue for billions of dollars—or they can help our intelligence officials protect millions of lives. They can put our national security in the hands of plaintiffs’ lawyers—or they can entrust it to the men and women of our government who work day and night to keep us safe.” House member John Conyers (D-MI) calls such characterizations “irresponsible” and “inaccurate.” [CBS News, 2/23/2008]

Entity Tags: Protect America Act, John Conyers, Foreign Intelligence Surveillance Court, Mike McConnell, George W. Bush, Michael Mukasey, Common Cause, Bob Edgar, Foreign Intelligence Surveillance Act, Dana Rohrbacher

Timeline Tags: Civil Liberties

A new investigation modeled on the Church Committee, which investigated government spying (see April, 1976) and led to the passage of the Foreign Intelligence Surveillance Act (FISA - see 1978) in the 1970s, is proposed. The proposal follows an amendment to wiretapping laws that immunizes telecommunications companies from prosecution for illegally co-operating with the NSA. A detailed seven-page memo is drafted outlining the proposed inquiry by a former senior member of the original Church Committee.
Congressional Investigative Body Proposed - The idea is to have Congress appoint an investigative body to discover the full extent of what the Bush White House did in the war on terror that may have been illegal and then to implement reforms aimed at preventing future abuses—and perhaps to bring accountability for wrongdoing by Bush officials. Key issues to investigate include:
bullet The NSA’s domestic surveillance activities;
bullet The CIA’s use of rendition and torture against terrorist suspects;
bullet The U.S. government’s use of military assets—including satellites, Pentagon intelligence agencies, and U2 surveillance planes—for a spying apparatus that could be used against people in the US; and
bullet The NSA’s use of databases and how its databases, such as the Main Core list of enemies, mesh with other government lists, such as the no-fly list. A deeper investigation should focus on how these lists feed on each other, as well as the government’s “inexorable trend towards treating everyone as a suspect,” says Barry Steinhardt, the director of the Program on Technology and Liberty for the American Civil Liberties Union (ACLU).
Proposers - The proposal is a product of talks between civil liberties advocates and aides to Democratic leaders in Congress. People consulted about the committee include aides to House Speaker Nancy Pelosi (D-CA) and Judiciary Committee chairman John Conyers (D-MI). The civil liberties organizations include the ACLU, the Center for Democracy and Technology, and Common Cause. However, some Democrats, such as Pelosi, Senate Intelligence Committee chairman John D. Rockefeller (D-WV), and former House Intelligence chairwoman Jane Harman (D-CA), approved the Bush administration’s operations and would be made to look bad by such investigation.
Investigating Bush, Clinton Administrations - In order that the inquiry not be called partisan, it is to have a scope going back beyond the start of the Bush administration to include the administrations of Bill Clinton, George H. W. Bush, and Ronald Reagan. The memo states that “[t]he rise of the ‘surveillance state’ driven by new technologies and the demands of counter-terrorism did not begin with this administration.” However, the author later says in interviews that the scope of abuse under George W. Bush would likely be an order of magnitude greater than under preceding presidents.
'Imagine What We Don't Know' - Some of the people involved in the discussions comment on the rationale. “If we know this much about torture, rendition, secret prisons, and warrantless wiretapping despite the administration’s attempts to stonewall, then imagine what we don’t know,” says a senior Democratic congressional aide who is familiar with the proposal. Steinhardt says: “You have to go back to the McCarthy era to find this level of abuse. Because the Bush administration has been so opaque, we don’t know [the extent of] what laws have been violated.” “It’s not just the ‘Terrorist Surveillance Program,’” says Gregory Nojeim from the Center for Democracy and Technology. “We need a broad investigation on the way all the moving parts fit together. It seems like we’re always looking at little chunks and missing the big picture.”
Effect on Presidential Race Unknown - It is unknown how the 2008 presidential race may affect whether the investigation ever begins, although some think that Democratic candidate Barack Obama (D-IL), said to favor open government, might be more cooperative with Congress than his Republican opponent John McCain (R-AZ). However, a participant in the discussions casts doubt on this: “It may be the last thing a new president would want to do.” [Salon, 7/23/2008]

Entity Tags: Nancy Pelosi, Gregory Nojeim, Center for Democracy and Technology, American Civil Liberties Union, Barry Steinhardt, Bush administration (43), Common Cause, Jane Harman

Timeline Tags: Civil Liberties, Inslaw and PROMIS

Fred Hollander, a New Hampshire resident, files a lawsuit challenging presidential contender John McCain (R-AZ)‘s ability to serve as president. Hollander names the Republican National Committee (RNC) as a co-defendant. [Hollander v. McCain et al, 3/14/2008] Hollander’s challenge hinges on a February 2008 report from conservative news blog News Busters that said since McCain was born in the Panama Canal Zone in 1936 (his parents, both US citizens were stationed on a Navy base in Panama at the time), he may not be eligible under Article II of the Constitution to be president. News Busters went on to report that McCain’s claim to have been born in the Coco Solo Naval Hospital in the Canal Zone was false, since that hospital was not built until 1941, and the nearest hospital at the time of his birth was not on a US military base, but in the Panamanian city of Colon. Therefore, the report concluded, “we were lied to” about McCain’s birthplace, and News Busters speculated that McCain’s citizenship was in question. However, News Busters was in error. According to subsequent investigations by the press, the Panama Canal Zone did contain a small hospital at the Coco Solo submarine base in 1936, and McCain was born in that hospital. Archival records also show the name of the Naval doctor who signed McCain’s birth certificate, Captain W. L. Irvine, the director of the facility at the time. News Busters, and Hollander, are in error in their reading of the law. Both of McCain’s parents were US citizens, and McCain was born on a US military base, which qualifies under the Constitution as “US soil.” The McCain presidential campaign has refused to release a copy of McCain’s birth certificate, but a senior campaign official shows Washington Post reporter Michael Dobbs a copy of the McCain birth certificate issued by the Coco Solo Naval hospital. [News Busters (.org), 2/21/2008; Washington Post, 5/20/2008] Additionally, the Panama American newspaper for August 31, 1936 carried an announcement of McCain’s birth. [Washington Post, 4/17/2008 pdf file] Two lawyers interviewed by CBS News concur that under the law, McCain is a “natural born citizen” and eligible to serve as president. Theodore Olson, the solicitor general for the Bush administration, and Laurence Tribe, a Harvard law professor generally considered to be a liberal, agree that challenges to McCain’s citizenship are specious. [CBS News, 3/28/2008] Hollander files what is later determined to be a fake birth certificate with the court that purports to prove McCain has Panamanian citizenship. The court throws Hollander’s lawsuit out on the grounds that Hollander has no standing to challenge McCain’s citizenship. [US District Court, District of New Hampshire, 7/24/2008 pdf file; Obama Conspiracy (.org), 2/27/2009; Obama Conspiracy (.org), 4/24/2010] The lawsuit is similar in nature to numerous court challenges to McCain’s Democratic opponent, Senator Barack Obama (see August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008).

Entity Tags: Laurence Tribe, Theodore (“Ted”) Olson, Michael Dobbs, Republican National Committee, John McCain, Fred Hollander, News Busters (.org), W. L. Irvine, Coco Solo Naval Air Station

Timeline Tags: Domestic Propaganda, 2008 Elections

The American Civil Liberties Union learns of another Justice Department memo in a Freedom of Information Act (FOIA) response that produces a 2003 memo supporting the use of torture against terror suspects (see April 1, 2008). This 2001 memo (see October 23, 2001), says that the Constitution’s protections against unreasonable searches and seizures—fundamental Fourth Amendment rights—do not apply in the administration’s efforts to combat terrorism. The Bush administration now says it disavows that view.
Background - The memo was written by John Yoo, then the deputy assistant attorney general, and the same lawyer who wrote the 2003 torture memo. It was written at the request of the White House and addressed to then-Attorney General Alberto Gonzales. The administration wanted a legal opinion on its potential responses to terrorist activity. The 37-page memo itself has not yet been released, but was mentioned in a footnote of the March 2003 terror memo. “Our office recently concluded that the Fourth Amendment had no application to domestic military operations,” the footnote states, referring to a document titled “Authority for Use of Military Force to Combat Terrorist Activities Within the United States.”
Relationship to NSA Wiretapping Unclear - It is not clear exactly what domestic military operations the October memo covers, but federal documents indicate that the memo relates to the National Security Agency’s Terrorist Surveillance Program (TSP). The TSP began after the 9/11 attacks, allowing for warrantless wiretaps of phone calls and e-mails, until it stopped on January 17, 2007, when the administration once again began seeking surveillance warrants from the Foreign Intelligence Surveillance Court (see May 1, 2007). White House spokesman Tony Fratto says that the October 2001 memo is not the legal underpinning for the TSP. Fratto says, “TSP relied on a separate set of legal memoranda” outlined by the Justice Department in January 2006, a month after the program was revealed by the New York Times (see February 2001, After September 11, 2001, and December 15, 2005). Justice Department spokesman Brian Roehrkasse says department officials do not believe the October 2001 memo was about the TSP, but refuses to explain why it was included on FOIA requests for documents linked to the TSP.
No Longer Applicable - Roehrkasse says the administration no longer holds the views expressed in the October 2001 memo. “We disagree with the proposition that the Fourth Amendment has no application to domestic military operations,” he says. “Whether a particular search or seizure is reasonable under the Fourth Amendment requires consideration of the particular context and circumstances of the search.” The ACLU’s Jameel Jaffer is not mollified. “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power,” he says. “The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” He continues, “Each time one of these memos comes out you have to come up with a more extreme way to characterize it.” The ACLU has filed a court suit to challenge the government’s withholding of the memo. [Associated Press, 4/3/2008] Another civil rights group, the Electronic Frontier Foundation, joins the ACLU in challenging the memo (see April 2, 2008).

Entity Tags: Jameel Jaffer, Brian Roehrkasse, American Civil Liberties Union, Alberto R. Gonzales, Bush administration (43), Foreign Intelligence Surveillance Court, Terrorist Surveillance Program, US Department of Justice, John C. Yoo, Electronic Frontier Foundation, Tony Fratto

Timeline Tags: Civil Liberties

A portion of Barack Obama’s marriage certificate. The full-size original can be viewed online.A portion of Barack Obama’s marriage certificate. The full-size original can be viewed online. [Source: St. Petersburg Times]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks a recent spate of claims that Senator Barack Obama (D-IL), a presidential candidate, has ties to Islamist radicals in Kenya. The claims appear to be sourced from a letter sent by American missionaries in Kenya, saying that Obama has ties to a Kenyan opposition party and warning its readers “not to be taken in by those that are promoting him.” The email also claims: “By the way. His true name is Barak Hussein Muhammed Obama. Won’t that sound sweet to our enemies as they swear him in on the Koran! God bless you.” PolitiFact writes: “The e-mail reads like a bad game of ‘telephone,’ its claims drawn from assorted people and sources that have been stitched together. And yet, because it is signed by real people, who have a life in Africa, it somehow carries more credence than your average blog posting—and it’s spreading rapidly.” PolitiFact has debunked this claim before (see January 11, 2008), but notes that the claim continues to spread. PolitiFact posts a copy of Obama’s 1992 marriage certificate, which states “Barack H. Obama” married “Michelle L. Robinson” on October 3, 1992, in a ceremony officiated by Trinity United Church of Christ pastor Jeremiah A. Wright (see January 6-11, 2008). Obama’s driver’s license record in Illinois identifies him as “Barack H. Obama.” His property listings name him as either “Barack Hussein Obama” or “Barack H. Obama.” His registration and disciplinary record with the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois notes that Obama was admitted to the Illinois bar on December 17, 1991, and has no public record of discipline. PolitiFact was unable to secure a copy of Obama’s Hawaiian birth certificate (see June 13, 2008). PolitiFact has located the originator of the email, Celeste Davis. Her husband Loren Davis confirms that he cannot substantiate the claims in the email. “That was what we heard there [in Kenya],” Davis tells a PolitiFact interviewer. Davis says he and his wife have lived and worked in Kenya for the past 12 years, and says his wife’s message was from a personal letter “never intended to be forwarded or sent out to the Web.” [St. Petersburg Times, 4/18/2008]

Entity Tags: Jeremiah A. Wright Jr, Barack Obama, Celeste Davis, Michelle Obama, PolitiFact (.org ), Loren Davis

Timeline Tags: Domestic Propaganda

Former NBC analyst Kenneth Allard.Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
bullet hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
bullet private tours of Iraq;
bullet access to classified information;
bullet private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). [New York Times, 4/20/2008] Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. [New York Times, 4/21/2008]
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). [New York Times, 4/20/2008]

Entity Tags: Thomas G. McInerney, Stephen J. Hadley, Timur Eads, wvc3 Group, William Cowan, Robert Scales, Jr, US Department of Defense, Robert Bevelacqua, Robert Maginnis, Richard (“Dick”) Cheney, CBS News, CNN, Carlton Shepperd, David Barstow, David Grange, Bush administration (43), Bryan Whitman, Fox News, Jeffrey McCausland, Alberto R. Gonzales, New York Times, Donald Rumsfeld, National Public Radio, Kenneth Allard, John Garrett, NBC, Rick Francona

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

The Center for Media and Democracy’s John Stauber and author Sheldon Rampton lambast the Pentagon for its recently revealed propaganda program that, in their words, “embed[s] military propagandists directly into the TV networks as on-air commentators” (see April 20, 2008 and Early 2002 and Beyond). But Stauber and Rampton are even more critical of the media’s refusal to deal with the story. They note, “In 1971, when the [New York] Times printed excerpts of the Pentagon Papers on its front page (see March 1971), it precipitated a constitutional showdown with the Nixon administration over the deception and lies that sold the war in Vietnam. The Pentagon Papers issue dominated the news media back then. Today, however, [New York Times reporter David] Barstow’s stunning report is being ignored by the most important news media in America—TV news—the source where most Americans, unfortunately, get most of their information. Joseph Goebbels, eat your heart out. Goebbels is history’s most notorious war propagandist, but even he could not have invented a smoother PR vehicle for selling and maintaining media and public support for a war…”
Journalistic Standards Violated - According to the authors, the news outlets who put these analysts on the air committed “a glaring violation of journalistic standards.” They cite the code of ethics of the Society of Professional Journalists, which enjoins journalists and news outlets to:
bullet Avoid conflicts of interest, real or perceived;
bullet Remain free of associations and activities that may compromise integrity or damage credibility;
bullet Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity;
bullet Disclose unavoidable conflicts;
bullet Be vigilant and courageous about holding those with power accountable;
bullet Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
bullet Be wary of sources offering information for favors or money.
Networks' Silence a 'Further Violation of Public Trust' - The networks who used these analysts observed none of these fundamental ethical guidelines. “They acted as if war was a football game and their military commentators were former coaches and players familiar with the rules and strategies,” Stauber and Rampton write. “The TV networks even paid these “analysts” for their propaganda, enabling them to present themselves as ‘third party experts’ while parroting White House talking points to sell the war.” Stauber and Rampton call the networks’ decision to almost completely ignore the story a further “violation… of the public trust…” They fix much of the blame for the Iraq debacle on the media, noting that the war “would never have been possible had the mainstream news media done its job. Instead, it has repeated the big lies that sold the war. This war would never have been possible without the millions of dollars spent by the Bush administration on sophisticated and deceptive public relations techniques such as the Pentagon military analyst program that David Barstow has exposed.” [PRWatch, 4/25/2008]

Entity Tags: Joseph Goebbels, Society of Professional Journalists, New York Times, John Stauber, David Barstow, Center for Media and Democracy, Nixon administration, Sheldon Rampton, US Department of Defense, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

John Murtha.John Murtha. [Source: ABC News]Representative John Murtha (D-PA), a hawkish military veteran who has built a long political career on supporting the military, says that he is “disappointed” in both the US military and the news media for being part of the Pentagon’s recently revealed Iraq propaganda operation (see Early 2002 and Beyond). Murtha says that he was struck by the fact that, in the New York Times article that revealed the operation (see April 20, 2008), even some of the military analysts who most enthusiastically repeated the Pentagon’s talking points on the airwaves “didn’t even believe what they were saying.” Murtha says: “Well, the military’s held in the highest level and the highest esteem in this country. All of us appreciate their sacrifices. I’ve gotten to the point where I now distrust the military because they have been dishonored by these kind of untruths. It used to be that I could listen to the military, they would come to me, and what they said privately they were willing to say publicly. With [former Defense Secretary Donald] Rumsfeld’s tenure, they distorted everything. And that’s the way they got by for four years because the public said, well, the military’s saying that. Well, the public’s no longer accepting that. The public realizes we made a mistake when we went in, much of the information was inaccurate and they continue to say these kind of things. So, I’m disappointed. I’m disappointed in the news media. I tell ya, till I spoke out, the news media was not honest—or afraid to come forward. And I think the tactic was, ‘we don’t give them access if they say anything bad about us.’”
Credits Blogs - Murtha credits the political blogs for keeping the story alive: “The blogs have been so important to bringing out the truth. I didn’t know what a blog was till a couple of years ago. Now, I not only know, I understand how important they are because people have an opportunity to hear the other side of what they’re saying.” (Notably, Murtha gives this interview to a news blog, the left-leaning ThinkProgress.)
Propaganda Effort in Vietnam Did Decades of Damage - Murtha reflects on the tremendous damage done by military and government propaganda campaigns during Vietnam (see March 1971). “It took us 20 years to get over Vietnam,” he says. “It took us through the Ford administration, the Carter administration, it took us into the Reagan administration because we didn’t pay for the war and the public was misled. Now the public recognized it very early on in Vietnam because they casualties were so heavy. Because of the technology increases, they didn’t recognize it as quickly in Iraq. But until the end of the Clinton administration, where we had a budget with a surplus, we were paying for the Vietnam war. We’re doing the same thing now.… I mean, nobody recognized we’re paying now with inflation, we’re paying all the expenses in Iraq. We’re paying $343 million dollars a day because of Iraq. So, it’s unfortunate and it just makes it that much more difficult for us to overcome this, because people who don’t believe it now, believed it for a while and they don’t want to be misled again.” [ThinkProgress (.org), 5/1/2008]

Entity Tags: Think Progress (.org), New York Times, Donald Rumsfeld, Reagan administration, Ford administration, US Department of Defense, Carter administration, John P. Murtha

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). [St. Petersburg Times, 6/27/2008; St. Petersburg Times, 7/1/2009; Honolulu Advertiser, 7/28/2009]

Entity Tags: Barack Obama, Ann Dunham, Kapiolani Maternity & Gynecological Hospital, Barack Obama, Sr

Timeline Tags: Domestic Propaganda, 2008 Elections

Logo for the Hawaii Department of Health.Logo for the Hawaii Department of Health. [Source: Baby Guard Fence (.com)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, publishes a scathing denunciation of so-called “birther” claims that presidential candidate Senator Barack Obama (D-IL) is not a legitimate American citizen. The story has gained traction mostly through Internet blogs and emails circulating among far-right and “tea party” organizations and figures, making wildly varying claims—Obama is a Kenyan, he is a Muslim, his middle name is Mohammed, his birth name is “Barry Soetoro,” and so forth. PolitiFact’s Amy Hollyfield writes: “At full throttle, the accusations are explosive and unrelenting, the writers emboldened by the anonymity and reach of the Internet. And you can’t help but ask: How do you prove something to people who come to the facts believing, out of fear or hatred or maybe just partisanship, that they’re being tricked?” Hollyfield notes that PolitiFact has sought a valid copy of Obama’s birth certificate since the claims began circulating months ago. PolitiFact has already secured a copy of Obama’s 1992 marriage certificate from the Cook County, Illinois, Bureau of Vital Statistics, his driver’s license record from the Illinois secretary of state’s office, his registration and disciplinary record with the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, and all of his property records. The records are consistent, all naming him as either “Barack H. Obama” or “Barack Hussein Obama,” his legitimate, given name. PolitiFact ran into trouble with the birth certificate. Obama was born in a hospital in Honolulu, Hawaii, and according to Hawaiian law, that state’s birth certificates are not public record. Only family members can request copies. The Obama presidential campaign originally declined to provide PolitiFact with a copy, until the campaign released a true copy of the certificate (see June 13, 2008). When PolitiFact received the document, researchers emailed it to the Hawaii Department of Health, which maintains such records, to ask if it was real. Spokesman Janice Okubo responded, “It’s a valid Hawaii state birth certificate.” Instead of settling the controversy, the certificate inflamed the so-called “birthers,” who asked a number of questions concerning the certificate, including queries about and challenges to:
bullet the certificate’s seal and registrar’s signature;
bullet the color of the document as compared to other Hawaiian birth certificates;
bullet the date stamp of June 2007, which some say is “bleeding through the back of the document,” supposedly calling into question the validity of the stamp and, thusly, the entire certificate;
bullet the lack of creases from being folded and mailed;
bullet the authenticity of the document, which some claim is “clearly Photoshopped and a wholesale fraud.”
Further investigation by PolitiFact researchers supports the validity of the certificate and disproves the allegations as cited. Hollyfield writes: “And soon enough, after going to every length possible to confirm the birth certificate’s authenticity, you start asking, what is reasonable here? Because if this document is forged, then they all are. If this document is forged, a US senator and his presidential campaign have perpetrated a vast, long-term fraud. They have done it with conspiring officials at the Hawaii Department of Health, the Cook County (Ill.) Bureau of Vital Statistics, the Illinois secretary of state’s office, the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, and many other government agencies.” Hollyfield notes that the Hawaii Department of Health receives about a dozen email inquiries a day about Obama’s birth certificate, according to Okubo. She tells Hollyfield: “I guess the big issue that’s being raised is the lack of an embossed seal and a signature.” On a Hawaiian birth certificate, she says, the seal and signatures are on the back of the document. “Because they scanned the front… you wouldn’t see those things.” Hollyfield concludes that it is conceivable “that Obama conspired his way to the precipice of the world’s biggest job, involving a vast network of people and government agencies over decades of lies. Anything’s possible.” But she goes on to ask doubters “to look at the overwhelming evidence to the contrary and your sense of what’s reasonable has to take over. There is not one shred of evidence to disprove PolitiFact’s conclusion that the candidate’s name is Barack Hussein Obama, or to support allegations that the birth certificate he released isn’t authentic. And that’s true no matter how many people cling to some hint of doubt and use the Internet to fuel their innate sense of distrust.” [St. Petersburg Times, 6/27/2008]

Entity Tags: Janice Okubo, Amy Hollyfield, Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, Barack Obama, Cook County, Illinois Bureau of Vital Statistics, Hawaii Department of Health, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

A birth announcement from the August 13, 1961 Honululu Advertiser announcing the birth of a baby boy to the parents of Barack Obama. A birth announcement from the August 13, 1961 Honululu Advertiser announcing the birth of a baby boy to the parents of Barack Obama. [Source: FactCheck (.org)]A blogger who supports Senator Hillary Clinton (D-NY) for president over Democratic primary challenger Barack Obama (D-IL) finds a birth announcement from a copy of the August 13, 1961 Honolulu Advertiser announcing Obama’s birth. The blogger publishes a scanned graphic of the announcement on his blog, and concludes that Obama was “likely” born on August 4, 1961 in Honolulu as the campaign, and the senator, have always claimed (see June 13, 2008). Reprinting the annoucement, FactCheck (.org) notes: “Of course, it’s distantly possible that Obama’s grandparents may have planted the announcement just in case their grandson needed to prove his US citizenship in order to run for president someday. We suggest that those who choose to go down that path should first equip themselves with a high-quality tinfoil hat. The evidence is clear: Barack Obama was born in the USA.” [FactCheck (.org), 8/21/2008] Reporter Will Hoover for the Honolulu Advertiser notes that both the Advertiser and the Honolulu Star Bulletin published birth announcements for Obama. One of the announcements, the blogger notes, contains the actual address of Obama’s parents at the time they lived in Honolulu, 6085 Kalanianaole Highway. Newspaper officials tell Hoover that the announcements came, not from the parents, but from Hawaii’s Department of Health. “That’s not the kind of stuff a family member calls in and says, ‘Hey, can you put this in?’” Hoover explains. [What Really Happened (.com), 2008; St. Petersburg Times, 7/1/2009]

Entity Tags: Will Hoover, PolitiFact (.org ), Honolulu Advertiser, Hawaii Department of Health, Hillary Clinton, Barack Obama, FactCheck (.org), Honolulu Star Bulletin

Timeline Tags: Domestic Propaganda

President Bush signs the FISA Amendments Act of 2008 (FAA), a revamping and expansion of the original Foreign Intelligence Surveillance Act (see 1978). The legislation passed the House by a sweeping 293 to 129 votes, with most Democratic Congressional leaders supporting it over the opposition of the more liberal and civil liberties-minded Democrats. Republicans were almost unanimously supportive of the bill. Though Democratic Senators Russell Feingold (D-WI) and Christopher Dodd (D-CT) managed to delay the bill’s passage through the Senate, their attempt to modify the bill was thwarted by a 66-32 margin. (Dodd credits AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) as one of the very few people to make the public aware of the illegal NSA wiretapping program, which the FISA amendment would protect. Without Klein, Dodd states, “this story might have remained secret for years and years, causing further erosion of our rights.”) Senator Barack Obama (D-IL), the party’s presumptive presidential nominee, gave his qualified support to the bill, stating: “Given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as president, I will carefully monitor the program.” Obama had opposed an earlier Senate version that would have given “blanket immunity” to the telecommunications companies for their participation in the illegal NSA wiretapping program (see December 15, 2005). House Speaker Nancy Pelosi (D-CA), who organized Democratic support for the bill in the House, said that she supported the bill primarily because it rejects Bush’s argument that a wartime chief executive has the “inherent authority” to conduct some surveillance activity he considers necessary to fight terrorism. It restores the legal notion that the FISA law is the exclusive rule on government spying, she said, and added: “This is a democracy. It is not a monarchy.” Feingold, however, said that the bill granted “retroactive immunity to the telecommunications companies that may have engaged in President Bush’s illegal wiretapping program.” The amendments restore many of the provisions of the expired Protect America Act (PAA—see August 5, 2007) that drastically modify the original FISA legislation and grant the government broad new surveillance powers. Like the PAA, the FAA grants “third parties” such as telecommunications firms immunity from prosecution for engaging in illegal surveillance of American citizens if they did so in partnership with government agencies such as the National Security Agency (NSA). [Washington Post, 6/20/2008; CNN, 6/26/2008; US Senate, 7/9/2008; White House, 7/10/2008; Klein, 2009, pp. 95-97] Senate Majority Leader Harry Reid (D-NV) actually refused to honor a “hold” placed on the bill by Dodd, a highly unusual move. Klein will later note that Reid has in the past always honored holds placed on legislation by Republicans, even if Democrats were strongly supportive of the legislation being “held.” Klein will write that Pelosi crafted a “showpiece” FISA bill without the immunity provisions, garnering much praise for her from civil liberties organizations; however, Pelosi’s colleague House Majority Leader Steny Hoyer (D-MD) had secretly worked with the White House to craft a bill that preserved immunity for telecoms, and on June 10, Pelosi “rammed” that bill through the House. The final bill actually requires the judiciary to dismiss lawsuits brought against telecom firms if those firms can produce evidence that they had worked in collusion with the NSA. Feingold later observes that the final bill is not a “compromise, it is a capitulation.” [Klein, 2009, pp. 101-103] Klein will write that Democrats and Republicans have worked together to “unw[ind] one of the main reforms of the post-Watergate era and accepted the outrageous criminal rationalizations of [President] Nixon himself.” Klein will quote Nixon as saying, “If the president does it, that means it’s not illegal” (see April 6, 1977), and will say that is “the essence of the FISA ‘compromise’” and turned Congress into the White House’s “rubber stamp.… It is the twisted judicial logic of a dictatorship.” [Klein, 2009, pp. 107]

Entity Tags: Nancy Pelosi, Foreign Intelligence Surveillance Act, FISA Amendments Act of 2008, Christopher Dodd, Barack Obama, George W. Bush, Mark Klein, Russell D. Feingold, Richard M. Nixon, Harry Reid, Steny Hoyer, National Security Agency, Protect America Act

Timeline Tags: Civil Liberties

One of the digital artifacts scanned from Barack Obama’s birth certificate and digitally manipulated by ‘Techdude.’One of the digital artifacts scanned from Barack Obama’s birth certificate and digitally manipulated by ‘Techdude.’ [Source: Dr. Neal Krawetz]A blogger calling himself “Techdude” writes a “final report” for the conservative blog Atlas Shrugs that, he claims, proves Senator Barack Obama (D-IL)‘s digitally scanned copy of his birth certificate (see June 13, 2008) is a fraud, regardless of the recent validation of the copy by PolitiFact (see June 27, 2008) and the discovery of a printed birth announcement from a Honolulu newspaper (see July 2008). The proprietor of Atlas Shrugs, Pamela Geller, refuses to name “Techdude,” but claims “he is an active member of the Association of Certified Fraud Examiners, American College of Forensic Examiners, the International Society of Forensic Computer Examiners, International Information Systems Forensics Association,” and other unnamed organizations. He is, Geller claims, a forensic computer examiner, a certificated legal investigator, and a licensed private investigator. “Techdude“‘s report begins with complaints that unnamed Obama supporters have recently vandalized his car and hung a dead rabbit on his front door “in a lame attempt to intimidate me from proceeding with releasing any details of my analysis.” The attempt at “intimidation” did not work, “Techdude” proclaims, and he then releases his detailed analysis of the certificate. Although he refuses to release any information about the supposed actual Hawaiian birth certificates he used for his comparisons, “because of the amazing number of violent psychopaths who seem to be drawn to this issue,” he says comparison between the digital scan of Obama’s certificate and the “actual” certificates he claims to have in his possession show critical differences between them. “Techdude” says, among other things:
bullet The borders of the real certificates differ from those on the Obama certificate;
bullet The measurements of the real certificates differ from those of the Obama certificate;
bullet The digital scan shows evidence that the information was “overlain” onto a piece of security paper;
bullet The digital scan shows artifacts that could only come from Photoshop manipulation;
bullet The typography shows differences in “kerning,” or the spacing between characters, between the scan and the authentic documents.
“Techdude” concludes that the digital scan was produced by someone obtaining a real Hawaii birth certificate, soaking it in solvent, and then reprinting it with the desired information. [Atlas Shrugs, 7/20/2008] Computer forensics expert Dr. Neal Krawetz later examines “Techdude“‘s analysis and determines it to be completely specious. The analysis, Krawetz will determine, has been deliberately manipulated to produce false results. “TechDude did not make amateur mistakes,” Krawetz will conclude. “Instead, he intentionally manipulated the data so that it would support his theory.” [Neal Krawetz, 8/4/2008; Hacker Factor, 2011]

Entity Tags: PolitiFact (.org ), Barack Obama, Atlas Shrugs (.com), Neal Krawetz, “Techdude”, Pamela Geller

Timeline Tags: Domestic Propaganda

Cover of ‘The Obama Nation’Cover of ‘The Obama Nation’ [Source: Threshold / FactCheck (.org)]Dr. Jerome Corsi, a conservative author and blogger who was deeply involved in the 2004 Swift Boat Veterans for Truth campaign to besmirch presidential candidate John Kerry (D-MA), publishes a book, The Obama Nation: Leftist Politics and the Cult of Personality. The title is a play on the word ‘abomination.’ In his book, Corsi, who writes for the conservative Web site WorldNetDaily and blogs at the extremist Free Republic, attacks Democratic presidential candidate Barack Obama in a fashion similar to that used against Kerry—combining fact, hyperbole, speculation, and outright falsehoods in an attempt to demean and disparage Obama’s character and professional career. The publisher, Threshold (a division of Simon and Schuster devoted to publishing conservative political works), calls the book “[s]crupolously sourced” and “[m]eticulously researched and documented…” Among other allegations, Corsi accuses Obama of growing up under the influence of Communist, socialist, and radical Islamic mentors; of deep and secretive affiliations with ‘60s radicals William Ayers and Bernadette Dohrn; of espousing what he calls “black liberation theology” through his former pastor, Reverend Jeremiah Wright; connections to socialists and radical Islamists in Kenya, his father’s home country; deep and criminal ties to Chicago real-estate mogul Tony Rezko; and an intent to, if elected president, implement what Corsi calls “far-left” domestic and foreign policies. [Simon and Schuster, 8/1/2008; New York Times, 8/12/2008; St. Petersburg Times, 8/20/2008] The book debuts as number one on the New York Times bestseller list, propelled by large bulk sales (large buys by particular organizations designed to artificially elevate sales figures) and an intensive marketing campaign carried out on conservative talk radio shows. “The goal is to defeat Obama,” Corsi says. “I don’t want Obama to be in office.” [New York Times, 8/12/2008]
Allegations Roundly Debunked - Unfortunately for Corsi, his allegations do not stand up to scrutiny. FactCheck.org, a non-partisan “‘consumer advocate’ for voters” site run by the University of Pennsylvania’s Annenberg Public Policy Center, finds that Corsi’s book “is a mishmash of unsupported conjecture, half-truths, logical fallacies and outright falsehoods.” It “is not a reliable source of facts about Obama.” FactCheck notes: “Corsi cites opinion columns and unsourced, anonymous blogs as if they were evidence of factual claims. Where he does cite legitimate news sources, he frequently distorts the facts. In some cases, Corsi simply ignores readily accessible information when it conflicts with his arguments.” The organization notes that Threshold’s chief editor, Republican operative Mary Matalin, said the book was not political, but rather “a piece of scholarship, and a good one at that.” FactCheck responds: “The prominent display of Corsi’s academic title (he holds a Ph.D. in political science) seems clearly calculated to convey academic rigor. But as a scholarly work, The Obama Nation does not measure up. We judge it to be what a hack journalist might call a ‘paste-up job,’ gluing together snippets from here and there without much regard for their truthfulness or accuracy.” [FactCheck (.org), 2008; FactCheck (.org), 9/15/2008] The St. Petersburg Times’s PolitiFact finds, “Taken as a whole, the book’s primary argument is that Obama is a likely communist sympathizer with ties to Islam who has skillfully hidden his true agenda as he ruthlessly pursues elected office,” an argument that the organization concludes is wholly unsupported by Corsi’s arguments and sources. [St. Petersburg Times, 8/1/2008] And an Associated Press article finds the book a “collect[ion of] false rumors and distortions [designed] to portray Obama as a sort of secret radical who can’t be trusted.” [Associated Press, 8/16/2008]
Unreliable Sources - As reported by progressive media watchdog site Media Matters, Corsi’s sources are often unreliable: for example, his allegation that Obama’s father divorced his mother according to “Islamic sharia law” is based on a single and unverifiable post made by an anonymous blogger. [Media Matters, 8/4/2008] FactCheck notes that although Corsi points to his over 600 endnotes as proof of his “rigorous” sourcing, many of those endnotes refer to obscure, unverifiable Internet postings, blog posts, and opinion columns. Four of Corsi’s sources refer to his own work. “Where Corsi does cite news sources,” the site says, “he sometimes presents only those that are consistent with his case while ignoring evidence that doesn’t fit the picture he paints.” [FactCheck (.org), 9/15/2008]
Demonstrably False Claims - Some of Corsi’s claims are completely false: his statement that Obama did not dedicate his 2004 memoir, Dreams from My Father, to his parents or grandparents is easily debunked merely by reading the book’s introduction, in which Obama wrote, “It is to my family, though—my mother, my grandparents, my siblings, stretched across oceans and continents—that I owe the deepest gratitude and to whom I dedicated this book.” [Media Matters, 8/4/2008; St. Petersburg Times, 8/20/2008] Corsi also claims, falsely, that Obama holds dual citizenship in the US and Kenya, though the Kenyan Constitution specifically prohibits dual citizenship. [FactCheck (.org), 9/15/2008] Corsi goes on to claim that Obama has long rejected his white family members from his mother’s side, including his grandparents in Hawaii who raised him for much of his childhood. This is part of Corsi’s argument about Obama’s secret embrace of the so-called “radical black rage” teachings of American activist Malcolm X. According to Corsi’s reading of Obama’s memoir: “His race, he self-determines, is African-American. In making that determination, he rejects everyone white, including his mother and his grandparents. We do not have to speculate about this. Obama tells this to us outright; his words are direct, defying us to miss his meaning.” But PolitiFact calls this “a significant misreading of Obama’s memoir,” and notes that Corsi ignores a large amount of evidence that points to Obama’s continued close relationship with his white family members throughout his life. PolitiFact concludes, “To conclude that Obama rejects everyone white, including his mother and his grandparents, Corsi has to significantly read against the memoir’s stated meaning. We find factual evidence also contradicts this statement, indicating that Obama maintained lifelong relations with his white relatives.” [St. Petersburg Times, 8/1/2008]
Insinuations and Leading Questions - Many of Corsi’s allegations are based on little more than questions and insinuations: for example, Corsi insinuates that Obama may not have stopped using marijuana and cocaine, as he admitted to doing during his high school years. Corsi writes: “Still, Obama has yet to answer questions whether he ever dealt drugs, or if he stopped using marijuana and cocaine completely in college, or whether his drug usage extended into his law school days or beyond. Did Obama ever use drugs in his days as a community organizer in Chicago, or when he was a state senator from Illinois? How about in the US Senate? If Obama quit using drugs, the public inquiry certain to occur in a general election campaign for the presidency will most certainly aim at the when, how and why…?” According to Media Matters, Obama wrote in his book Dreams from My Father that he stopped using drugs shortly after beginning college. [Media Matters, 8/4/2008] FactCheck notes: “Corsi… slyly insinuates—without offering any evidence—that Obama might have ‘dealt drugs’ in addition to using them. And he falsely claims that Obama has ‘yet to answer’ whether he continued using drugs during his law school days or afterward.… In fact, Obama has answered that question twice, including once in the autobiography that Corsi reviews in his book.”
Guilt by Association - Corsi alleges that Obama has links to Kenyan presidential candidate Raila Odinga, and claims that Obama is somehow linked to the violence surrounding the 2007 Kenyan presidential election. He bases his claim on a single visit by Obama and his wife, Michelle, to Kenya, where they publicly took AIDS tests to demonstrate the tests’ safety. In the testing process, Obama spoke briefly to the crowd. Odinga was on stage while Obama spoke. Corsi construes the speech as an Obama endorsement of Odinga, and, as FactCheck writes, “[h]e goes on to attribute all the violence in Kenya to an elaborate Odinga plot.” Corsi ignores the fact that during that trip, Obama also met with the other Kenyan presidential candidate, Mwai Kibaki, and with opposition leader Uhuru Kenyatta. Human Rights Watch blamed the violence following the election on both Odinga and Kibaki and their followers. FactCheck notes that Corsi uses the logical fallacy of “guilt by association” to fill Chapters 3 through 7. [FactCheck (.org), 9/15/2008]
Misquoting Other Sources - Media Matters finds that Corsi sometimes misquotes and rewrites source material, as when he attributed a claim concerning Obama’s supposedly untoward business relationship with Rezko to articles in the Chicago Sun-Times, the Boston Globe, and Salon (.com) that made none of the claims Corsi attributes to them. Corsi also misquoted the conservative Web site NewsMax when he used one of its articles to falsely claim that Obama had been present at Chicago’s Trinity United Church during Reverend Wright’s denunciation of America’s “white arrogance.” (Obama was actually in Miami during Wright’s sermon.) [Media Matters, 8/4/2008] Corsi uses a man he calls one of Obama’s “closest” childhood friends, Indonesian Zulfan Adi, to back his assertion that Obama was once a practicing Muslim. However, Corsi does not report that Adi later retracted his claims about Obama’s religious practices, and admitted to knowing Obama for only a few months. Corsi also ignores a Chicago Tribune story that contains interviews with “dozens of former classmates, teachers, neighbors and friends [who] show that Obama was not a regular practicing Muslim when he was in Indonesia,” and other media reports that have conclusively proven Obama was never a Muslim (see January 22-24, 2008).
Ignoring the Obvious - Corsi repeatedly claims that Obama is a master speaker who bedazzles crowds with soaring flights of rhetoric, but never actually gives any specifics of what he intends to do as president. He writes: “At the end of every rhetorically uplifting speech Obama gives about the future of hope, millions of listeners are still left pondering, ‘Now what exactly did he say?’ If the politician is the message, as [campaign manager David] Axelrod and Obama have proclaimed, they can’t forever avoid telling us what precisely that message is.” But FactCheck notes that “Obama’s Web site is packed with details of what he proposes to do if elected. He lays out descriptions of his policy proposals, including tax cuts for most families and increases for those making more than $250,000 per year; a $150 billion, 10-year program to develop alternative energy sources and more efficient vehicles; a proposal to increase the size of the Army by 65,000 troops and another to create a public health insurance plan for those whose employers don’t offer health coverage. Whether or not one agrees with them, Obama has indeed presented detailed plans for dozens of policies. It’s hard to see how anyone writing a book on Obama could fail to acknowledge their existence.”
Conspiracy Theorist, 'Bigot,' and Veteran Liar - FactCheck notes: “Corsi is a renowned conspiracy theorist who says that [President] George Bush is attempting to create a North American Union… and that there is evidence that the World Trade Center may have collapsed [after the 9/11 attacks] because it was seeded with explosives. More recently, Corsi claimed that Obama released a fake birth certificate. We’ve debunked that twice now. [M]any of the themes in The Obama Nation are reworked versions of bogus chain e-mail smears.” [FactCheck (.org), 9/15/2008] In August 2004, Media Matters found that Corsi routinely embraced both extremist opinions and personal invective. Corsi called Islam “a worthless, dangerous Satanic religion.” Of Catholicism, he wrote, “Boy buggering in both Islam and Catholicism is okay with the Pope as long as it isn’t reported by the liberal press.” Of Muslims themselves, he wrote, “RAGHEADS are Boy-Bumpers as clearly as they are Women-Haters—it all goes together.” And of Senator Hillary Clinton (D-NY), he wrote: “Anybody ask why HELLary couldn’t keep BJ Bill [former President Clinton] satisfied? Not lesbo or anything, is she?” [Media Matters, 8/6/2004] (Corsi posted these comments on the Free Republic under the moniker “jrlc,” and identified himself as “jrlc” on March 19, 2004.) [Free Republic, 3/18/2004; Jerome Corsi, 8/7/2004] An Obama campaign spokesman calls Corsi “a discredited, fringe bigot.” [Associated Press, 8/16/2008] FactCheck concludes, “In Corsi’s case, we judge that both his reputation and his latest book fall short when measured by the standards of good scholarship, or even of mediocre journalism.” [FactCheck (.org), 9/15/2008] PolitiFact concludes: “A reader might think that because the book is printed by a mainstream publishing house it is well-researched and credible. On the contrary—we find The Obama Nation to be an unreliable document for factual information about Barack Obama.” [St. Petersburg Times, 8/20/2008]

Entity Tags: Mwai Kibaki, NewsMax, Salon (.com), Raila Odinga, Simon and Schuster, Trinity United Church of Christ, Tony Rezko, Michelle Obama, St. Petersburg Times, Zulfan Adi, Uhuru Kenyatta, William Ayers, Media Matters, Hillary Clinton, Malcolm X, Boston Globe, Bernadette Dohrn, Barack Obama, Associated Press, Annenberg Public Policy Center, Chicago Sun-Times, Mary Matalin, Chicago Tribune, FactCheck (.org), John Kerry, Jerome Corsi, David Axelrod, Jeremiah A. Wright Jr, Free Republic, WorldNetDaily, George W. Bush

Timeline Tags: Domestic Propaganda, 2008 Elections

Author Jerome Corsi, who has published a scathing, and well-debunked, challenge to presidential candidate Senator Barack Obama (D-IL)‘s American citizenship (see August 1, 2008 and After), calls Obama’s birth certificate a “fake” in an interview on Fox News. Corsi tells interviewer Steve Doocy: “Well, what would be really helpful is if Senator Obama would release primary documents like his birth certificate. The campaign has a false, fake birth certificate posted on their Web site. How is anybody supposed to really piece together his life?” Corsi is referring to a scanned digital copy of Obama’s birth certificate (see June 13, 2008), which has been confirmed as true and valid by Hawaiian state officials (see June 27, 2008). Corsi claims, “The original birth certificate of Obama has never been released and the campaign refuses to release it.” Doocy asks if the copy isn’t “just… a State of Hawaii-produced duplicate?” and Corsi responds: “No, it’s a—there’s been good analysis of it on the Internet, and it’s been shown to have watermarks from Photoshop. It’s a fake document that’s on the Web site right now, and the original birth certificate the campaign refuses to produce.” [FactCheck (.org), 8/21/2008]

Entity Tags: Barack Obama, Jerome Corsi, Steve Doocy, Fox News

Timeline Tags: Domestic Propaganda

A photograph of the actual Hawaiian birth certificate of Barack Obama, being held by FactCheck (.org) writer Joe Miller.A photograph of the actual Hawaiian birth certificate of Barack Obama, being held by FactCheck (.org) writer Joe Miller. [Source: FactCheck (.org)]FactCheck (.org), a non-partisan arm of the Annenberg Public Policy Center of the University of Pennsylvania, certifies that its experts have verified that the birth certificate released by Senator Barack Obama (D-IL) is valid (see June 13, 2008). Since the release of the digitally scanned image, a firestorm of controversy (see July 20, 2008) has erupted over the authenticity of the certificate, even after Hawaiian officials verified its validity (see June 27, 2008) and the discovery of a printed birth announcement from a Honolulu newspaper (see July 2008). FactCheck notes that much of the controversy has been sparked by author Jerome Corsi, whose recent book Obamanation makes a host of negative claims against Obama (see August 1, 2008 and After), and who has told a Fox News interviewer that the birth certificate the campaign has is “fake” (see August 15, 2008). FactCheck releases the following statement: “We beg to differ. FactCheck.org staffers have now seen, touched, examined, and photographed the original birth certificate. We conclude that it meets all of the requirements from the State Department for proving US citizenship. Claims that the document lacks a raised seal or a signature are false. We have posted high-resolution photographs of the document as ‘supporting documents’ to this article. Our conclusion: Obama was born in the USA just as he has always said.” The actual certificate is in the hands of Obama campaign officials in Chicago, FactCheck reports, and has the proper seals and signature from Hawaiian registrar Alvin Onaka.
Certificate Meets Requirements for State Department Passport Issuance - FactCheck reports: “The certificate has all the elements the State Department requires for proving citizenship to obtain a US passport: ‘your full name, the full name of your parent(s), date and place of birth, sex, date the birth record was filed, and the seal or other certification of the official custodian of such records.’ The names, date and place of birth, and filing date are all evident on the scanned version, and you can see the seal above” in a photograph reproduced on FactCheck’s Web site.
'Short Form' Certificate - The copy possessed by the Obama campaign is called a “short form birth certificate.” The so-called “long form” is created by the hospital in which a child is born, and includes additional information such as birth weight and parents’ hometowns. The short form is what is provided by Hawaiian officials upon receiving a valid request for a birth certificate: It “is printed by the state and draws from a database with fewer details. The Hawaii Department of Health’s birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department.”
Scan Artifacts - The digitally scanned version released by the Obama campaign does indeed show “halos” around the black-text lettering, prompting some to claim that the text may have been copied onto an image of security paper. However, FactCheck writes, “the document itself has no such halos, nor do the close-up photos we took of it. We conclude that the halo seen in the image produced by the campaign is a digital artifact from the scanning process.”
Date Stamp, Blacked-Out Certificate Number - The digital scan also contains an unusual date stamp and a blacked-out certificate number. Campaign spokesperson Shauna Daly explains that the certificate is stamped July 2007 because that is when Hawaiian officials produced it for the presidential campaign. The campaign did not release a copy until mid-2008, leading some to speculate that the date stamp proved the digital scan was a forgery. Of the certificate number, Daly says that the campaign “couldn’t get someone on the phone in Hawaii to tell us whether the number represented some secret information, and we erred on the side of blacking it out. Since then we’ve found out it’s pretty irrelevant for the outside world.” FactCheck writes, “The document we looked at did have a certificate number; it is 151 1961 - 010641.”
'African' Father - Obama’s father, Barack Obama Sr., is listed on the certificate as “African,” sparking claims that Obama is actually of Kenyan citizenship. Kurt Tsue of the Hawaii Department of Health tells FactCheck that the father and mother’s race are told to officials by the parents, and thusly “we accept what the parents self identify themselves to be.” FactCheck writes: “We consider it reasonable to believe that Barack Obama Sr. would have thought of and reported himself as ‘African.’ It’s certainly not the slam dunk some readers have made it out to be.”
Differences in Borders - The “security borders” on the digital scan do indeed look slightly different from other examples of Hawaii birth certificates. Tsue explains: “The borders are generated each time a certified copy is printed. A citation located on the bottom left hand corner of the certificate indicates which date the form was revised.” He also confirms that the information in the short form birth certificate is sufficient to prove citizenship for “all reasonable purposes.” [FactCheck (.org), 8/21/2008]

Entity Tags: Kurt Tsue, Barack Obama, Barack Obama, Sr, Annenberg Public Policy Center, Alvin Onaka, Hawaii Department of Health, Shauna Daly, Jerome Corsi, FactCheck (.org)

Timeline Tags: Domestic Propaganda

The Electronic Frontier Foundation (EFF) files a lawsuit against the National Security Agency (NSA), President Bush, Vice President Dick Cheney, former Attorney General and White House counsel Alberto Gonzales, former Cheney chief of staff David Addington, and other members of the Bush administration. The EFF claims the lawsuit is “on behalf of AT&T customers to stop the illegal unconstitutional and ongoing dragnet surveillance of their communications and communications records.” The EFF is referring to its ongoing lawsuit against AT&T and other telecommunications firms, which it accuses of colluding with the NSA to illegally monitor American citizens’ domestic communications (see December 15, 2005). The case, the EFF writes, “is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it.” After January 2009, the newly elected Obama administration will challenge the lawsuit, Jewel v. NSA, on the grounds that to defend itself against the lawsuit, the government would be required to disclose “state secrets” (see Late May, 2006). The government used similar arguments to quash the EFF’s lawsuit against AT&T (see April 28, 2006), arguments which were rejected by a judge (see July 20, 2006). [Electronic Frontier Foundation, 2009] The suit will be dismissed (see January 21, 2010).

Entity Tags: George W. Bush, Alberto R. Gonzales, AT&T, Bush administration (43), David S. Addington, Electronic Frontier Foundation, Obama administration, Richard (“Dick”) Cheney, National Security Agency

Timeline Tags: Civil Liberties

Amy Kremer, a former flight attendant who wil go on to found the Atlanta Tea Party and become the chair of the Tea Party Express, writes of Republican presidential candidate Senator John McCain (R-AZ), “he needs to tell Nobama [referring to presidential candidate Barack Obama (D-IL)] to bring his authentic birth certificate to the debate. I am so tired of the spin from his spinmeisters! Johnny Mac… just go straight to the source!” Kremer is referring to questions some have raised about Obama’s supposed lack of a valid birth certificate (see June 13, 2008) and accusations that he is not an American citizen. Authors Devin Burghart and Leonard Zeskind later write of Kremer’s “birther” beliefs, “Much of this sentiment predates the actual formation of tea parties.” [Politico, 2010; Institute for Research & Education on Human Rights, 10/19/2010]

Entity Tags: Barack Obama, Amy Kremer, Atlanta Tea Party, Devin Burghart, John McCain, Leonard Zeskind, Tea Party Express

Timeline Tags: Domestic Propaganda, 2008 Elections

As reported by progressive media watchdog Web site Media Matters, conservative radio hosts echo the claim that Democratic presidential candidate Barack Obama has never produced a legitimate birth certificate proving his American citizenship, a claim long since debunked (Obama long ago posted a copy on his Web site—see June 13, 2008—and document experts and the Hawaii Department of Health will confirm its validity—see June 27, 2008, August 21, 2008, October 30, 2008, and July 28, 2009). Rick Roberts tells his audience that Obama’s birth certificate “hasn’t… been produced” and that no one in the Obama campaign has ever provided one for public scrutiny. Chris Baker says there “has never been a real birth certificate presented” by Obama. Michael Savage, taking the story one step further, says that the birth certificate “that was produced is a forgery.” Savage also claims that no one in Hawaii, Obama’s birth state, can find the original certificate: It “does not exist, they can’t find it in the Hawaii government. It’s never been produced. The one that was produced is a forgery.… I will never work for a man who has a birth certificate nobody can find. In other words, if you vote for Obama, you’re insane.” Savage goes on to claim that Obama is actually a Kenyan citizen, like his father, another claim long since disproven (see August 1, 2008 and After), and makes an equally illegitimate claim that Obama was educated in an Indonesian madrassa, or radical Islamist school (see January 22-24, 2008), under the name “Barry Soetoro”; Savage even claims that Obama legally changed his name to “Barry Mohammed Soetoro” in Indonesia. No such name change has ever been documented. [Media Matters, 10/14/2008] Weeks later, Savage will assert, without proof, that Obama will visit Hawaii to address the issue of the birth certificate and cloak the trip by ostensibly visiting his gravely ill grandmother (see November 10, 2008).

Entity Tags: Michael Savage, Media Matters, Barack Obama, Rick Roberts, Chris Baker

Timeline Tags: Domestic Propaganda, 2008 Elections

Washington State resident Steven Marquis files a petition in Washington’s Superior Court demanding that Secretary of State Sam Reed either prove that Senator Barack Obama (D-IL) is a “natural born” citizen or remove him from the presidential ballot. Marquis says that granting his petition would “prevent the wholesale disenfranchisement of voters” who might otherwise choose a candidate who is a valid citizen. “At this point, Mr. Obama has not allowed independent or official access to his birth records nor supporting hospital records,” Marquis writes in his petition, and accuses the Hawaii Health Department of “violat[ing] federal law by ignoring formal Freedom of Information requests for the same.” Obama has long since posted an authentic copy of his birth certificate on the Internet (see June 13, 2008), and this has repeatedly been verified as valid (see June 27, 2008, July 2008, and August 21, 2008). Marquis references another lawsuit challenging Obama’s citizenship, filed by lawyer Philip Berg and awaiting a hearing in a federal district court (see August 21-24, 2008). Marquis explains the timing of his petition—just before the presidential elections—as caused by Obama’s “delay and subsequent non-response to reasonable request for valid certificates.” He also cites the Washington secretary of state’s office’s refusal to certify Obama’s birth certificate as he has previously requested, writing, “To date, in this regard, Secretary of State Sam Reed has not carried out that fundamental duty.” Washington Superior Court Judge John Erlick will throw out Marquis’s petition, saying Reed has no such authority to force Obama to prove his citizenship, and cites Marquis’s failure to name Obama as a party to his complaint. [WorldNetDaily, 10/16/2008; Mid-Columbia Tri-City Herald, 10/28/2008; WorldNetDaily, 11/13/2008]

Entity Tags: Philip J. Berg, Barack Obama, Hawaii Department of Health, Sam Reed, John Erlick, Steven Marquis

Timeline Tags: Domestic Propaganda, 2008 Elections

Sarah Obama, standing with her step-grandson Barack Obama in a 2009 photograph.Sarah Obama, standing with her step-grandson Barack Obama in a 2009 photograph. [Source: Shooting from the Lip (.com)]Bishop Ron McRae of the Anabaptist Church of North America calls Sarah Onyango Obama, presidential candidate Barack Obama’s elderly step-grandmother. McRae, in Pennsylvania, speaks to Mrs. Obama in Kenya over a garbled and troubled telephone connection; Mrs. Obama uses at least one translator, Vitalis Akech Ogombe (a cousin of Obama’s and the grandson of Sarah Obama), because she speaks Luo and Swahili. (Apparently some, if not all, of the conversation is translated between English, Swahili, Luo, then back to Swahili, and then into English.) Additionally, the conversation takes place during a riotous celebration, and on the Kenyan side is being heard through a speakerphone. McRae set the conversation up through a contact, Kweli Shuhubia, a Kenyan Christian evangelist McRae knows as “Brother Tom,” and who, in an exchange of emails, apparently demanded money and goods for setting up the “operation,” as he and McRae call it. The telephone conversation lasts 14 minutes, and McRae apparently does not inform the Kenyans that they are being recorded. The resulting audiotape creates a firestorm of controversy over President Obama’s supposed birth in Kenya, because it appears that Mrs. Obama says she saw him born in Kenya. McRae quickly makes an edited portion of the audiotape available on the Internet. It says in part:
McRae: - “Could I ask her about his actual birthplace? I would like to see his birthplace when I come to visit Kenya in December. Was she present when he was born in Kenya?”
Ogombe: - “She says yes she was. She was present when Obama was born.”
The edited version does not contain the next portion:
McRae: - “Okay, when I come in December, I would like to go by the place, the hospital where he was born. Could you tell me where he was born? Was he born in Mombasa?”
Ogombe: - “No. Obama was not born in Mombasa. He was born in America.”
McRae: - “Whereabouts was he born? I thought he was born in Kenya.”
Ogombe: - “He was born in America, not in Mombasa.”
McRae: - “Do you know where he was born? I thought he was born in Kenya. I was gonna go by and see where he was born.”
Ogombe: - “Hawaii. She says he was born in Hawaii. In the state of Hawaii, where his father, his father was also learning there. The state of Hawaii.”
McRae: - “I thought she said she was present. Was she able to see him being born in Hawaii?”
Translator: - “No, no.… She was not… she was here in Kenya. Obama was born in America.… Because the grandmother was back in Kenya and Obama was born in America, where he is from, where his father was learning, learning in America, the United States.”
Instead of posting the entire audiotape, McRae will continue to insist that Sarah Obama confirmed Obama’s Kenyan birth. McRae submits an affidavit that states in part: “Though some few younger relatives, including Mr. Ogombe (one of the translators), have obviously been versed to counter such facts with the common purported information from the American news media that Obama was born in Hawaii, Ms. Sarah Hussein Obama was very adamant that her grandson, Senator Barack Hussein Obama, was born in Kenya, and that she was present and witnessed his birth in Kenya, not the United States. When Mr. Ogombe attempted to counter Sarah Obama’s clear responses to the question, verifying the birth of Senator Obama in Kenya, I asked Mr. Ogombe how she could be present at Barack Obama’s birth if the senator was born in Hawaii, but Ogombe would not answer the question, instead he repeatedly tried to insert that, ‘No, no, no. He was born in the United States!’” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, notes that a March 2007 story in the Chicago Tribune featured a quote from reporter Tim Jones, who spoke with Sarah Obama and quoted her as saying that she received a letter announcing Obama’s birth and she “was so happy to have a grandchild in the US.” PolitiFact concludes that the audiotape as presented was “tightly… edited” to give a false impression that Mrs. Obama had seen Barack Obama being born in a Kenyan hospital. [Greg Doudna, 12/9/2008 pdf file; Obama Conspiracy (.org), 3/6/2009; St. Petersburg Times, 4/7/2011] McRae will release his edited audiotape in the last week of October 2008, in an apparent attempt to influence the upcoming presidential election. [Greg Doudna, 12/9/2008 pdf file]
Explanation of Hoax - Investigative blogger Greg Doudna, who later obtains a copy of the unedited audiotape and makes it, and a transcript, available on the Internet, explains McRae’s reasoning behind the hoax. “In this conversation McRae sought to obtain evidence on tape in support of a conspiracy theory circulating in certain right-wing circles in America, namely, that Barack Obama Jr. was not born in Hawaii in 1961 as represented, but actually was secretly born in Kenya. According to this theory, Obama’s mother, then-18-year-old Ann Dunham, waited until about seven or eight months into her pregnancy to take a grueling transcontinental flight halfway across the world to Kenya, there to discover that because of her pregnancy she was not allowed by an airline to get on the plane back to the US, and so was forced to have her baby—the future president of the United States—in a hospital in Kenya. Motivated by a desire to ensure that her child would be regarded as a US citizen with all rights thereof, she or fellow-conspirator family members plotted to have [Obama’s] birth recorded in Hawaii as if it happened in Hawaii, including placing a notice in a Hololulu newspaper of the birth, which was published a few days later (see July 2008). The plot succeeded (so the story goes), and the secret of the true circumstances of Barack Obama Jr.‘s birth in Kenya was closely held by the family, so much so that neither Ann Dunham nor any other family member ever spoke of a trip of Ann Dunham to Kenya in all the years since.” The “conspiracy” would have worked, Doudna writes, had Obama not decided to run for president. “No witness, document, evidence, or testimony has been produced which locates Ann Dunham anywhere outside the United States at any time in her life prior to 1967, when she and young Barack Jr. went to live for several years in Indonesia. Neither the outgoing Bush administration, the Republican Party, the McCain campaign, nor any of Obama’s earlier rivals for the Democratic nomination disclosed any awareness of evidence that Obama was born in Kenya, or in any other way ineligible to be president. Yet the notion is fervently believed, like an urban legend that will not die.” [Greg Doudna, 12/9/2008 pdf file]
Audiotape Used in Lawsuit - The edited audiotape will be presented as “evidence” of Obama’s supposed Kenyan citizenship in a lawsuit (see August 21-24, 2008).

Entity Tags: PolitiFact (.org ), Ann Dunham, Kweli Shuhubia, Barack Obama, Tim Jones, Vitalis Akech Ogombe, Greg Doudna, Sarah Obama, Ron McRae

Timeline Tags: Domestic Propaganda

The Electronic Frontier Foundation (EFF) files a lawsuit challenging the constitutionality of the recently passed amendment to the Foreign Intelligence Surveillance Act (FISA—see July 10, 2008). The EFF is particularly concerned with the portion of the legislation that grants retroactive immunity from prosecution to telecommunications firms that worked with government agencies to illegally conduct electronic surveillance against American citizens (see December 15, 2005). The FISA Amendments Act of 2008, or FAA, violates the Constitution’s separation of powers, according to the EFF, and, the organization writes, “robs innocent telecom customers of their rights without due process of law.” The lawsuit was triggered by Attorney General Michael Mukasey’s recent submission of a classified certification in another EFF lawsuit about illegal electronic certification (see January 31, 2006) that claimed the electronic surveillance conducted on behalf of the National Security Agency by AT&T did not happen. EFF senior attorney Kevin Bankston says: “The immunity law puts the fox in charge of the hen house, letting the attorney general decide whether or not telecoms like AT&T can be sued for participating in the government’s illegal warrantless surveillance. In our constitutional system, it is the judiciary’s role as a co-equal branch of government to determine the scope of the surveillance and rule on whether it is legal, not the executive’s. The attorney general should not be allowed to unconstitutionally play judge and jury in these cases, which affect the privacy of millions of Americans.” Mukasey’s certification claimed the government has no “content-dragnet” program that surveills millions of domestic communications, though it does not deny having acquired such communications. EFF has provided the court with thousands of pages of documents proving the falsity of Mukasey’s assertions, the organization writes. EFF attorney Kurt Opsahl says: “We have overwhelming record evidence that the domestic spying program is operating far outside the bounds of the law. Intelligence agencies, telecoms, and the administration want to sweep this case under the rug, but the Constitution won’t permit it.” EFF spokesperson Rebecca Jeschke tells a reporter that the FAA “violates the federal government’s separation of powers and violates the Constitution. We want to make sure this unconstitutional law does not deny telecom customers their day in court. They have legitimate privacy claims that should be heard by a judge. Extensive evidence proves the existence of a massive illegal surveillance program affecting millions of ordinary Americans. The telecoms broke the law and took part in this. The FISA Amendments Act and its immunity provisions were an attempt to sweep these lawsuits under the rug, but it’s simply unconstitutional.” EFF lawyers fear the FAA will render their lawsuit invalid. [Electronic Frontier Foundation, 10/17/2008; Salon, 10/17/2008] The EFF has filed a related lawsuit against the NSA and senior members of the Bush administration (see September 18, 2008).

Entity Tags: Foreign Intelligence Surveillance Act, Electronic Frontier Foundation, AT&T, FISA Amendments Act of 2008, Kevin Bankston, Kurt Opsahl, National Security Agency, Michael Mukasey, Rebecca Jeschke

Timeline Tags: Civil Liberties

Philip J. Berg.Philip J. Berg. [Source: Qui Non Negat, Fatetur (.com)]Attorney Philip J. Berg, whose lawsuit challenging Senator Barack Obama (D-IL)‘s citizenship was thrown out of a Pennsylvania court (see August 21-24, 2008), claims that because Obama never personally responded to his lawsuit, Obama is thusly “admitt[ing]” to the lawsuit’s allegations. Berg charged that Obama was not born in the United States (see June 13, 2008, June 27, 2008, and August 21, 2008), but in Mombasa, Kenya. Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides a written answer or objection to charges within 30 days, the accused legally admits the matter. Obama, through his campaign lawyers, filed motions to dismiss the lawsuit and did not directly answer the charges in it. Therefore, Berg says Obama has legally admitted he is not a natural-born citizen. Berg is asking the court to formally declare Obama’s admission and for the Democratic National Committee (DNC) to name someone else as its presidential candidate. To a reporter with the conservative news blog WorldNetDaily, Berg says: “Obama and the DNC ‘admitted,’ by way of failure to timely respond to requests for admissions, all of the numerous specific requests in the federal lawsuit. Obama is ‘not qualified’ to be president and therefore Obama must immediately withdraw his candidacy for president and the DNC shall substitute a qualified candidate.” Obama’s campaign has said that lawsuits such as Berg’s (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), are not actually about Obama’s birth certificate, but instead are “about manipulating people into thinking Barack is not an American citizen.” Obama’s campaign has issued a number of documents and assertions that prove Obama’s citizenship, as have several non-partisan fact-checking organizations. Berg has offered to drop his lawsuit if Obama will prove his citizenship to Berg’s satisfaction. Berg tells a conservative blogger: “It all comes down to the fact that there’s nothing from the other side. The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.” [WorldNetDaily, 10/21/2008] Joseph Sandler, a lawyer who filed one of the motions to dismiss on behalf of Obama, says Berg’s contention is erroneous. He goes on to explain why claims like these are never challenged or explained by defending lawyers: “When you file a motion to dismiss, to try to get the case thrown out before any factual inquiry is made, the facts that the plaintiffs put into their complaint are assumed to be true. You have to show that even if the facts were true, they don’t have a case.” [Washington Independent, 7/24/2009]

Entity Tags: WorldNetDaily, Democratic National Committee, Barack Obama, Joseph Sandler, Philip J. Berg

Timeline Tags: Domestic Propaganda, 2008 Elections

A Georgia court throws out a petition by the Reverend Tom Terry of Atlanta to force Georgia Secretary of State Karen Handel to either prove presidential candidate Barack Obama (D-IL) is an American citizen or remove him from the election ballot. “I bear no personal ill will against Barack Obama,” Terry says in a statement. “In fact, his election solely on the basis as the first African-American president-elect is a very positive thing for our nation. However, as an American, I have very grave concerns about Mr. Obama’s possible divided loyalties since he has strenuously and vigorously fought every request and every legal effort to force him to release his original birth certificate for public review and scrutiny (see June 13, 2008). I think that is significant.” Superior Court Judge Jerry W. Baxter refuses to hear the suit, ruling: “I don’t think you have standing to bring this suit. I think that the attorney general has argued the law. I think he is correct. I think you are not a lawyer.” Terry will appeal the suit, telling a reporter: “Hopefully, this action will be noticed by other states and they will also take a serious look at the meaning of Georgia’s Supreme Court’s actions. It is apropos that the Latin motto in the Georgia Supreme Court is interpreted: ‘Let justice be done, though the heavens fall.’ I think if the Court rules in my favor, that motto will come alive with meaning and impact.” [WorldNetDaily, 11/13/2008]

Entity Tags: Barack Obama, Tom Terry, Karen Handel, Jerry W. Baxter

Timeline Tags: Domestic Propaganda, 2008 Elections

Chicago resident Andy Martin, who has been accusing Senator Barack Obama (D-IL) of being a secret Muslim since 2004, abruptly shifts his story. Now, Martin claims, Obama is not the child of a Muslim father, Barack Obama Sr., as documents have clearly and repeatedly shown (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008), but the child of Frank Marshall Davis, an African-American activist who was suspected in the 1950s of having ties to Communist organizations. Martin’s accusations, though never supported by fact, have garnered a great deal of coverage in some corners of the Internet. Martin now tells a CNN reporter that Obama’s “father was Frank Marshall Davis.” He gives no proof, and implies he has nothing more than a gut feeling. Davis was a black poet and political activist who moved to Hawaii in 1948. He wrote for a newspaper which the House Un-American Activities Committee (HUAC) accused of being a Communist front. Right-wing Web sites have been claiming since 2007 that Davis was not only a Communist Party member but also the mentor to Obama in his teen years who he refers to in his autobiography as “Frank.” Martin’s most recent burst of prominence was an appearance on Sean Hannity’s Fox News broadcast, where he said that “Obama’s role as a community organizer [in Chicago] was a political staging ground perpetuated by the unrepentant terrorist William Ayers.” Martin also told Hannity that Obama “probably had met William Ayers in New York, and was coming here to lay the foundations for what he thought would be some sort of political movement.” An Obama presidency, Martin predicted, would lead to “a socialist revolution, which attempts to essentially freeze out anybody who’s not part of this radical ideology.” Martin readily admits that his current assertion about Obama’s parentage refutes his four-year-old claims that Obama is a Muslim. He calls himself “an honest writer and an honest researcher.… I’m known as a person who strives for the truth.” The fault is Obama’s, he says, because he “hasn’t told the truth to the American people.” [Raw Story, 10/27/2008] In a wide-ranging article about the “birther” controversy, Salon columnist Alex Koppelman will later note that Martin was denied an Illinois law license on the grounds that he was mentally unfit to practice law. [Salon, 12/5/2008]

Entity Tags: William Ayers, Anthony Robert Martin-Trigona, Alex Koppelman, Barack Obama, House Un-American Activities Committee, Barack Obama, Sr, Sean Hannity, Frank Marshall Davis

Timeline Tags: Domestic Propaganda

Hawaii’s Director of Health Dr. Chiyome Fukino says she and the registrar of vital statistics, Alvin Onaka, have personally verified that the Hawaii Department of Health holds Senator Barack Obama (D-IL)‘s original birth certificate (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008). Fukino says that she has “personally seen and verified that the Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” Fukino and Onaka thereby verify that Obama is, indeed, an American citizen. Fukino releases the statement in an attempt to stem the tide of conspiracy theories that assert Obama is not a US citizen—“birtherism”—and therefore cannot be eligible to be president. Fukino adds that no state official, including Governor Linda Lingle (R-HI), ever issued instructions that Obama’s certificate be handled differently. Hawaii state law prohibits the release of the so-called “long form” birth certificate to anyone who does not have a tangible interest; state law says that the “short form” the state releases to its citizens, and that Obama has long ago made public (see June 13, 2008), is legal and valid in and of itself. State courts in Ohio, Pennsylvania (see August 21-24, 2008), and Washington State have recently dismissed court challenges to Obama’s citizenship. [FactCheck (.org), 8/21/2008; Associated Press, 10/31/2008] Fukino tells a Honolulu reporter: “This has gotten ridiculous (see July 20, 2008). There are plenty of other, important things to focus on, like the economy, taxes, energy.” Asked if this “[w]ill be enough to quiet the doubters,” Fukino responds: “I hope so. We need to get some work done.” [FactCheck (.org), 8/21/2008]

Entity Tags: Chiyome Fukino, Linda Lingle, Alvin Onaka, Hawaii Department of Health, Barack Obama

Timeline Tags: Domestic Propaganda

Leo C. Donofrio.Leo C. Donofrio. [Source: Obama Conspiracy (.org)]Retired New Jersey attorney, professional gambler, and conservative blogger Leo C. Donofrio files a lawsuit asking the State Supreme Court to prohibit three candidates from appearing on New Jersey’s presidential ballot: Barack Obama (D-IL), John McCain (R-AZ), and Socialist Worker’s Party candidate Roger Calero. Donofrio claims that none of the three have proven to his satisfaction that they are “natural born citizens,” as the Constitution requires to serve as president (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The lawsuit asks Secretary of State Nina Mitchell Wells to intervene in the elections process. In his filing, Donofrio writes that Obama is not eligible for the presidency “even if it were proved he was born in Hawaii, since… Senator Obama’s father was born in Kenya and therefore, having been born with split and competing loyalties, candidate Obama is not a ‘natural born citizen.’” Obama has long ago posted his authentic birth certificate stating he was born in Hawaii and therefore is a US citizen (see June 13, 2008). McCain’s birth in the Panama Canal Zone (see March 14 - July 24, 2008) and Calero’s birth in Nicaragua, Donofrio continues, invalidate their ability to be president as well, even though the Constitution states otherwise. With three ineligible presidential candidates on ballots, Donofrio warns, New Jersey voters will “witness firsthand the fraud their electoral process has become.” After being rejected by the New Jersey Court, US Supreme Court Justice David Souter rejects the lawsuit’s appearance on the Court docket. Justice Clarence Thomas allows the case to be submitted for consideration, but the Court rejects it. [Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, 10/31/2008; WorldNetDaily, 11/13/2008; Obama Conspiracy (.org), 12/21/2008; St. Petersburg Times, 6/28/2010] After his case is thrown out, Donofrio will write on his blog that “you have no Constitution and you have no ‘Supreme’ court. You have a filthy corrupted snake pit which tried to protect itself from responsibility for this issue by using clerks like brutal praetorian guards.” [Obama Conspiracy (.org), 12/21/2008] An Internet rumor that Justice Antonin Scalia will “quietly” place the case on the Court docket is later proven entirely false (see June 28, 2010).

Entity Tags: Roger Calero, David Souter, Clarence Thomas, Barack Obama, Antonin Scalia, Leo C. Donofrio, John McCain, Nina Mitchell Wells

Timeline Tags: Domestic Propaganda, 2008 Elections

A US District Court orders the Justice Department to turn over ten documents from the Justice Department’s Office of Legal Counsel to determine whether they should be released under the Freedom of Information Act. The Electronic Privacy Information Center (EPIC) and the American Civil Liberties Union (ACLU) say the documents may hold information that would shed light on the legal reasoning behind the Bush administration’s “Stellar Wind” warrantless wiretapping program (see Spring 2004 and December 15, 2005). EPIC and the ACLU seek the release of 30 documents from the OLC; Judge Henry Kennedy has ordered that 10 be turned over to him for further examination and 20 others remain classified because of national security considerations. Seven of those documents are about the government’s “Terrorist Surveillance Program” (TSP—apparently the same program as, or an element of, Stellar Wind), 12 are FBI documents detailing how TSP had assisted the Bureau in counterterrorism investigations, and one is an OLC memo covered under an exemption for “presidential communications”—presumably a memo written either by, or for, President Bush. [Ars Technica, 11/2/2008]

Entity Tags: Henry H. Kennedy Jr., Electronic Privacy Information Center, Bush administration (43), US Department of Justice, American Civil Liberties Union, Freedom of Information Act, Office of Legal Counsel (DOJ), Terrorist Surveillance Program, ’Stellar Wind’

Timeline Tags: Civil Liberties

As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage tells his audience that President-elect Barack Obama’s grandmother “suspiciously died virtually the night before the election,” in an apparent attempt to question Obama’s pre-election trip to Hawaii. Obama visited his grandmother in late October, shortly before her death on November 3. Savage ties in his questions about Obama’s grandmother and her “suspicious death” to discredited claims that Obama has been unable to verify his US citizenship. Savage tells his listeners: “Well, we don’t even know where Obama was born. His grandmother died the night before the election. There’s a lot of questions around this character that the media won’t answer. Let’s start with what country he’s from. Why was the birth certificate never produced? Why in the world did he take time off from the campaign to visit the grandmother who then suddenly and suspiciously died virtually the night before the election? Tell me about that.” Savage and other conservative commentators have suggested that Obama went to Hawaii, not to visit his gravely ill grandmother, but to address charges that his birth certificate is not valid. [Media Matters, 11/14/2008] Savage is one of a number of conservative radio hosts to spread false rumors about Obama’s birth certificate (see October 8-10, 2008). Obama produced a copy of his birth certificate months before (see June 13, 2008). A number of organizations have verified that Obama’s birth certificate is valid and authentic (see June 27, 2008 and August 21, 2008), as have Hawaii Health Department officials (see October 30, 2008). [St. Petersburg Times, 6/27/2008; WorldNetDaily, 8/23/2008; FactCheck (.org), 11/1/2008] According to Talkers Magazine, Savage is third in talk-radio listenership across the US, behind fellow conservatives Rush Limbaugh and Sean Hannity. [Media Matters, 11/14/2008]

Entity Tags: WorldNetDaily, Talkers Magazine, Media Matters, Michael Savage, Rush Limbaugh, Barack Obama, FactCheck (.org), Sean Hannity

Timeline Tags: Domestic Propaganda, 2008 Elections

Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. [Keyes et al v. Bowie et al, 11/13/2008 pdf file; WorldNetDaily, 11/14/2008; Sacramento Union, 11/15/2008; Greg Doudna, 12/9/2008 pdf file] After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” [Sacramento Union, 11/15/2008]
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” [WorldNetDaily, 11/13/2008]
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” [Washington Independent, 7/24/2009] The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. [Neal Krawetz, 11/25/2008; Washington Independent, 7/24/2009; Hacker Factor, 2011] Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. [Loren Collins, 7/7/2009] Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. [Loren Collins, 7/29/2009] Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” [Neal Krawetz, 11/25/2008]

Entity Tags: Debra Bowen, Loren Collins, Gary Kreep, Greg Doudna, Joseph Biden, Markham Robinson, Neal Krawetz, Barack Obama, Wiley S. Drake, Alan Keyes, Philip J. Berg, Orly Taitz, US Electoral College, United States Justice Foundation, Ronald Jay Polland

Timeline Tags: Domestic Propaganda, 2008 Elections

Conservative radio host and convicted felon G. Gordon Liddy (see March 23, 1974) advises his listeners not to register their firearms. (Failure to register a firearm is a crime.) Liddy makes the suggestion because he believes the Obama administration intends to take away citizens’ guns, and if the guns are not registered, government and law enforcement officials have no way to locate them and their owners. While talking to a caller about assault weapons, Liddy says: “[P]eople are buying them. Some because they’ve always wanted one and think that the Obama administration will try to outlaw them again, the way the Clinton administration did (see September 13, 1994). Others figure: ‘OK, I’ll buy as many as I can get my hands on, and I’ll be grandfathered in. And then when they’re banned, I will be able to sell them at a very nice profit.’ So, that’s going on. But the main thing is, you know, get them into private hands as quickly as possible.… The first thing you do is, no matter what law they pass, do not—repeat, not—ever register any of your firearms. Because that’s where they get the list of where to go first to confiscate. So, you don’t ever register a firearm, anywhere.” [Media Matters, 4/9/2009] In 1994, Liddy advised radio listeners to shoot federal agents in the head if they came to their houses to confiscate their guns. “Head shots, head shots.… Kill the sons of b_tches,” he said (see August 26 - September 15, 1994).

Entity Tags: Obama administration, G. Gordon Liddy

Timeline Tags: Domestic Propaganda

President-elect Barack Obama faces another challenge to his presidency—an Internet-based effort to block the US Electoral College from certifying him as president, according to a report from the Christian Science Monitor. The challenge centers on long-debunked accusations that Obama is not a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The Electoral College meets on December 15 to cast its votes, as garnered through the November 4 election results. The Constitution requires that the president be a US citizen; the people behind this effort insist that Obama was born in Kenya, and not in Hawaii as his birth certificate attests. North Carolina Secretary of State Elaine Marshall says: “Most of the world thinks this is settled except for a few conspiracy theorists. In the 2000 election… Republican electors felt under siege, and I expect the Democrat electors may end up feeling the same way [this time].” North Carolina elector Wayne Abraham (D-NC) says he has received three letters and a phone call asking him not to vote for Obama. “I was surprised, but I’m not worried about it,” he says. “As I said to the lady on the phone, I figured that the Bush administration had ample opportunity to investigate Senator Obama, and if they had discovered he was not truly a citizen they… would have let us know.” Immigration law expert Peter Spiro of Temple University says the entire issue is a “nonstarter, because Obama was born in Hawaii.” The biggest effort of the attempt to stop the Electoral College from certifying Obama’s presidency is a lawsuit in California brought by failed presidential candidate Alan Keyes (see November 12, 2008 and After). Lawyer Philip Berg, who has lost a lawsuit challenging Obama’s citizenship (see August 21-24, 2008), says: “People are going after electors now because they can only vote for a qualified candidate, and [Obama] hasn’t shown he’s qualified. I think we have enough trouble—we don’t need a fake president.” Melanie Siewert of Kenansville, North Carolina, says the questions surrounding Obama’s citizenship have moved her to get involved in politics for the first time in her life. “I’m not asking electors to overturn their vote, but really to, before we vote, to make absolutely sure,” she says. She says she has contacted most of North Carolina’s 15 electors. “This is not being a sore loser or racist. This is just about ensuring that our leader is being truthful about who he is.” Presidential historian Perry Leavell says: “Human beings will always go for myth because it’s compelling, dramatic, and, if it were true, it would be able to change history. You can go back into the history of the American presidency and find over and over again people… who are prepared to believe the exact opposite of what all the data would say.” Constitutional law binds state electors to cast their votes for the candidate who won their state. [Christian Science Monitor, 11/26/2008] The Electoral College will vote for Obama as president. [WRAL-TV, 12/15/2008]

Entity Tags: Wayne Abraham, Christian Science Monitor, Barack Obama, Alan Keyes, Elaine Marshall, Philip J. Berg, Melanie Siewert, Peter Spiro, Perry Leavell, US Electoral College

Timeline Tags: Domestic Propaganda, 2008 Elections

In a lengthy interview, terminally ill columnist Robert Novak says he would reveal the covert identity of former CIA official Valerie Plame Wilson again (see July 14, 2003), both because he feels he caused Plame Wilson no damage and because of his own personal desire for retribution against his critics. Novak says that while he expressed some “ambivalence” about his outing of Plame Wilson in his 2007 autobiography The Prince of Darkness, “Now I’m much less ambivalent. I’d go full speed ahead because of the hateful and beastly way in which my left-wing critics in the press and Congress tried to make a political affair out of it and tried to ruin me. My response now is this: The hell with you. They didn’t ruin me. I have my faith, my family, and a good life. A lot of people love me—or like me. So they failed. I would do the same thing over again because I don’t think I hurt Valerie Plame [Wilson] whatsoever.” [Washingtonian, 12/1/2008] Not only did Novak’s revelation of Plame Wilson’s identity do serious damage to the US intelligence community’s ability to learn of potential threats (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006), Plame Wilson has written that she feared for the lives of herself and her family after Novak’s outing (see July 14, 2003).

Entity Tags: Valerie Plame Wilson, Robert Novak, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

A portion of the advertisement that runs in the Chicago Tribune.A portion of the advertisement that runs in the Chicago Tribune. [Source: We the People (.org)]Robert L. Schulz, a wealthy anti-tax activist from upstate New York and the chairman of the We the People Foundation, takes out the second of two ads in the Chicago Tribune questioning whether President Barack Obama is a “natural born citizen” and thusly eligible to be president. Schulz confirms that his non-profit foundation spent “tens of thousands of dollars” on the ads. The ads echo long-debunked claims that Obama’s Hawaiian birth certificate (see June 13, 2008) is fraudulent (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, and November 10, 2008). Cases challenging Obama’s citizenship have been thrown out of numerous state courts (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), and the State of Hawaii has vouched for the authenticity of the Obama birth certificate, which by state law is locked in a state government vault with all other such “long form birth certificates” issued by Hawaiian officials (see July 1, 2009). Schulz’s ad raises the following claims:
bullet The birth form released by Obama was “an unsigned, forged, and thoroughly discredited” live birth form, Schulz says. Digital and real copies of Obama’s birth certificate have been examined by experts, including members of the Annenberg Public Policy Center of the University of Pennsylvania, and pronounced real (see August 21, 2008).
bullet According to Schulz, “Hawaiian officials will not confirm” that Obama was born in their state. Hawaiian officials initially did resist releasing a copy of the certificate, citing state privacy laws. However, Hawaii’s health director and head of vital statistics reviewed Obama’s birth certificate in the department’s vault and vouched for its authenticity (see October 30, 2008).
bullet Schulz says that legal affidavits state Obama was born in Kenya. Those affidavits were filed by challengers to Obama’s citizenship, and those challenges have been dismissed by a variety of courts (see August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008).
bullet Obama’s paternal grandmother is recorded on tape saying she attended Obama’s birth in Kenya, Schulz says. Schulz is referring to claims by street preacher Ron McRae who interviewed the second wife of Obama’s grandfather, Sarah Obama, via long-distance telephone (see October 16, 2008 and After). The audiotape clearly shows that the assembled Obama relatives, and the translator who spoke to McRae, repeatedly stated that Obama was born in Hawaii.
bullet Schulz says that “US law in effect in 1961 [the year of Obama’s birth] denied citizenship to any child born in Kenya if the father was Kenyan and the mother was not yet 19 years of age.” Schulz is incorrect. US law states that any child born in the US is a legitimate citizen regardless of his parents’ nationalities and/or citizenships. Obama’s father had dual Kenyan/British citizenship, and his mother was a US citizen. Had Obama been born outside of US territory and his mother Ann Dunham been under 19 years of age, which she was, Obama would indeed not have been a citizen at the time of his birth, though the provisions of this law were subsequently loosened and made retroactive for government employees serving abroad and their families. The point is moot, because Obama was born in a hospital in Honolulu.
bullet Schulz says that in 1965, Obama’s mother relinquished whatever Kenyan or US citizenship she and Obama had by marrying an Indonesian and becoming a naturalized Indonesian citizen. Schulz has produced no evidence to back this claim; Dunham did not file any of the documentation required to renounce one’s US citizenship, and even so, would not have jeopardized Obama’s citizenship in doing so. Obama and his mother moved to Indonesia in 1968, and returned to Hawaii while Obama was still in grade school. Schulz provides a reproduced Indonesian school document that states Obama’s citizenship at the time as “Indonesian,” but the same document lists Obama’s birthplace as “Honolulu, Hawaii.” [Chicago Tribune, 12/3/2008]
Schulz claims his challenges to Obama are not motivated by political partisanship. “We never get involved in politics,” he says of We The People. “We avoid it like the plague.” However, Schulz has done battle with local and state authorities for years; in 2007, a federal judge ordered him to shutter his Web site because he and his organization were, in the words of the Justice Department’s tax division, using the site to promote “a nationwide tax-fraud scheme.” Schulz now says he is being targeted by government operatives who are attempting to silence him. He says his group attempted to buy a similar ad in USA Today, but could not afford the cost. [Chicago Tribune, 12/3/2008; Salon, 12/5/2008]

Entity Tags: Barack Obama, Robert L. Schulz, FactCheck (.org), Chicago Tribune, We the People Foundation, Ann Dunham, Sarah Obama, Ron McRae

Timeline Tags: Domestic Propaganda, 2008 Elections

Salon columnist Alex Koppelman explores the widening sets of claims that purport to prove President Barack Obama is not a US citizen—the heart of the so-called “birther” conspiracy theory. The Obama campaign long ago produced a valid birth certificate that allowed Obama to run legitimately as a presidential candidate (see June 13, 2008), Obama’s mother Ann Dunham has also affirmed her son’s citizenship, and Hawaiian officials have confirmed that Obama was indeed born in a hospital in Honolulu (see October 30, 2008). However, some on the right continue to promulgate the tale of Obama’s supposed Kenyan citizenship, or Indonesian citizenship, or British citizenship. The Chigago Tribune recently ran a paid advertisement questioning Obama’s citizenship (see December 3, 2008). Conservative news and opinion blogs such as WorldNetDaily run stories on a near-daily basis challenging Obama’s citizenship, or producing hoax “birth certificates” that “prove” Obama was born in Mombasa, Kenya, or other locales (see July 20, 2008). Plaintiffs have filed lawsuits challenging Obama’s citizenship in a number of state courts, all of which have been rejected (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), and a similar case goes up for review in the Supreme Court (that case also challenges Republican presidential contender John McCain’s citizenship, as McCain was born in the former Panama Canal Zone to parents serving in the US military, another legitimate way of securing citizenship—see March 14 - July 24, 2008 and August 21-24, 2008). Michael Shermer, publisher of Skeptic Magazine and a columnist for Scientific American, notes that some people will never let go of the idea that Obama is not a citizen, no matter what level of proof is provided. “There’s no amount of evidence or data that will change somebody’s mind,” he says. “The more data you present a person, the more they doubt it.… Once you’re committed, especially behaviorally committed or financially committed, the more impossible it becomes to change your mind.” Any inconvenient facts are irrelevant, he says. Chip Berlet, a senior analyst with Political Research Associates, agrees. People who believe in a conspiracy theory “develop a selective perception, their mind refuses to accept contrary evidence,” Berlet says. “As soon as you criticize a conspiracy theory, you become part of the conspiracy.” Social psychologist Evan Harrington adds: “One of the tendencies of the conspiracy notion, the whole appeal, is that a lot of the information the believer has is secret or special. The real evidence is out there, [and] you can give them all this evidence, but they’ll have convenient ways to discredit [it].” Koppelman notes that during the presidential election, so-called “birthers” said that they would drop their claims if only Obama would release the “long form” of his birth certificate, even though to do so would be to violate Hawaii’s privacy laws, which keep all such documents under lock and key. During the campaign, Dr. Chiyome Fukino, the director of Hawaii’s Department of Health, released a statement saying she had verified that the state has the original birth certificate on record (see October 30, 2008), and that Obama’s Hawaiian birth is a matter of state record. Experts with the Annenberg Public Policy Center of the University of Pennsylvania, part of the FactCheck (.org) organization, have examined the certificate and verified its authenticity (see August 21, 2008), as has PolitiFact (see June 27, 2008). Koppelmann notes that the conspiracy theory has grown to the point where talk-show hosts such as Rush Limbaugh and Michael Savage have suggested that Obama used the occasion of his grandmother’s death to go to Hawaii to alter the record (see November 10, 2008). Koppelman notes that many who align themselves with the “birther” movement are well-known conspiratorists. Author Jerome Corsi, who attacked Obama’s citizenship in a pre-election book (see August 1, 2008 and After), has spoken of “secret government plans” to form a “North American Union” with Canada and Mexico. Philip Berg, who filed the lawsuit that had until now drawn the most public attention, asserts that the 9/11 attacks were staged by the US government (so-called “trutherism”). Another critic, Andy Martin, who seems to be the source of the rumor that Obama is a Muslim and is a strong “birther” proponent, was denied an Illinois law license on the grounds that he was mentally unfit to practice law (see October 17-22, 2008). Robert Schulz, who ran the Tribune ads, is a well-known tax protester and anti-government rhetorician. [Salon, 12/5/2008]

Entity Tags: Rush Limbaugh, Robert L. Schulz, WorldNetDaily, Philip J. Berg, PolitiFact (.org ), Michael Savage, Barack Obama, Chicago Tribune, Anthony Robert Martin-Trigona, Alex Koppelman, Ann Dunham, Chip Berlet, Chiyome Fukino, Evan Harrington, John McCain, Jerome Corsi, FactCheck (.org), Michael Shermer

Timeline Tags: Domestic Propaganda

Newsweek reveals that Thomas Tamm, a former high-level Justice Department official, was one of the whistleblowers who revealed the government’s illegal domestic wiretapping program, known as “Stellar Wind,” to the New York Times (see December 15, 2005). Tamm, an ex-prosecutor with a high security clearance, learned of the program in the spring of 2004 (see Spring 2004).
Intense FBI Scrutiny - As of yet, Tamm has not been arrested as one of the leakers in the criminal leak investigation ordered by President Bush (see December 30, 2005), though since the December 2005 publication, Tamm has remained under Justice Department suspicion—FBI agents have raided his home, hauled away his personal possessions, and relentlessly questioned his family and friends (see August 1, 2007). He no longer has a government job, and is having trouble finding steady work as a lawyer. He has resisted pressure to plead to a felony charge of divulging classified information. Newsweek’s Michael Isikoff writes, “[H]e is living under a pall, never sure if or when federal agents might arrest him.” Perhaps his biggest regret is the impact the FBI investigation has had on his wife and children. “I didn’t think through what this could do to my family,” he says. But, “I don’t really need anybody to feel sorry for me,” he says. “I chose what I did. I believed in what I did.”
No Decision to Prosecute Yet - The Justice Department has deferred a decision over whether to arrest and prosecute Tamm until after the Bush administration leaves office and a new attorney general takes over the department. Both President-elect Barack Obama and the incoming Attorney General, Eric Holder, have denounced the warrantless wiretapping program. In one speech Holder gave in June 2008, he said that President Bush had acted “in direct defiance of federal law” by authorizing the NSA program. Former US Attorney Asa Hutchinson, who is helping in Tamm’s defense, says: “When I looked at this, I was convinced that the action he took was based on his view of a higher responsibility. It reflected a lawyer’s responsibility to protect the rule of law.” Hutchinson has no use for the idea, promulgated by Bush officials and conservative pundits, that the Times story damaged the “war on terror” by alerting al-Qaeda terrorists to Stellar Wind and other surveillance programs. “Anybody who looks at the overall result of what happened wouldn’t conclude there was any harm to the United States,” he says. Hutchinson is hopeful that Holder’s Justice Department will drop its investigation of Tamm.
The Public 'Ought to Know' about NSA Eavesdropping - Recently Tamm decided to go public with his story, against the advice of his lawyers. “I thought this [secret program] was something the other branches of the government—and the public—ought to know about,” he tells Isikoff. “So they could decide: do they want this massive spying program to be taking place?… If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up.” Tamm also admits that he leaked information to the Times in part over his anger at other Bush administration policies for the Justice Department, including its aggressive pursuit of death penalty cases, and its use of “renditions” and “enhanced” interrogation techniques against terrorist suspects. He insists that he divulged no “sources and methods” that might compromise national security when he spoke to the Times. He could not tell the Times reporters anything about the NSA program, he says, because he knew nothing specific about the program. As Isikoff writes, “All he knew was that a domestic surveillance program existed, and it ‘didn’t smell right.’” (Times reporter Eric Lichtblau refuses to confirm if Tamm was one of his sources for the stories he wrote with fellow Times reporter James Risen.) [Newsweek, 12/22/2008]

Entity Tags: Michael Isikoff, Bush administration (43), Barack Obama, Asa Hutchinson, ’Stellar Wind’, Eric Holder, Eric Lichtblau, Newsweek, US Department of Justice, Federal Bureau of Investigation, Thomas Tamm, George W. Bush

Timeline Tags: Civil Liberties

Judge Vaughn Walker rules that “sufficient facts” exist to keep alive a lawsuit brought by the defunct Islamic charity Al Haramain, which alleges it was subjected to illegal, warrantless wiretapping by the US government (see February 28, 2006). The lawsuit centers on a Top Secret government document accidentally disclosed to plaintiffs’ lawyers Wendell Belew and Asim Ghafoo that allegedly proves the claim of illegal wiretapping; previous court rulings forced Belew and Ghafoo to return the document to the government and prohibited its use in the lawsuit. The lawsuit is widely viewed as a test case to decide in court whether the Bush administration abused its power by authorizing a secret domestic spying program (see Spring 2004 and December 15, 2005). Jon Eisenberg, the lawyer for Belew and Ghafoo, says it does not matter whether the case pertains to the Bush administration or the incoming Obama administration. “I don’t want President Obama to have that power any more than I do President Bush,” he says. Because the lawsuit contains sufficient evidence even without the Top Secret document, Walker rules, it can continue. “The plaintiffs have alleged sufficient facts to withstand the government’s motion to dismiss,” he writes. Therefore, he adds, the law demands that they be allowed to review the classified document, and others, to determine whether the lawyers were spied on illegally and whether Bush’s spy program was unlawful. “To be more specific, the court will review the sealed document ex parte and in camera,” Walker writes. “The court will then issue an order regarding whether plaintiffs may proceed—that is, whether the sealed document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA” (the Foreign Intelligence Surveillance Act—see 1978). [Wired News, 1/5/2009]

Entity Tags: Vaughn Walker, Al Haramain Islamic Foundation, Asim Ghafoo, Jon Eisenberg, Bush administration (43), Wendell Belew, Foreign Intelligence Surveillance Act, Obama administration

Timeline Tags: Civil Liberties

Newsweek publishes a range of responses to its article about Justice Department whistleblower Thomas Tamm (see December 22, 2008), who alerted the New York Times to the Bush administration’s illegal domestic wiretapping program “Stellar Wind” (see Spring 2004 and December 15, 2005). Most are extremely supportive of Tamm; Newsweek writes, “Nearly all labeled Tamm a hero.” One reader wonders why “few in the Justice Department were as troubled as Tamm about the illegality of the secret domestic wiretapping program or had the courage of his convictions.” Another notes, “Whistle-blowers like him are heroes because they are protecting ‘We the people.’” A Milwaukee reader, Harvey Jay Goldstein, suggests that President-elect Obama honor Tamm’s courage and service by “issuing him a pardon” and then “seek indictments against those involved in authorizing and carrying out the illegal program, including President Bush and Vice President Cheney.” The reader is “appalled” that Tamm “is being harassed and persecuted by the FBI (see August 1, 2007) for his part in disclosing the coverup of a program that originated in the Oval Office.” He calls Tamm “a national hero who had the guts to do what he thought was right and wasn’t intimidated by the power of the presidency.” Goldstein accuses Bush and Cheney of “undermining and circumventing the protections of the First and Fourth amendments [in what] are perhaps the most egregious attempts to consolidate absolute power within the executive branch since the dark days of Richard Nixon.” Illinois reader Leonard Kliff, a World War II veteran, writes: “It is disgusting that this man is on the run when he should be receiving a medal for his actions. I am sure the majority of Americans fully support him.” The Reverend Joseph Clark of Maryland calls Tamm “a common man doing his job—upholding the Constitution of the United States and the rule of law.… Thank God for people like Thomas Tamm who spoke when no one else was finding a voice.… This nation is made up of people like Tamm, and that is our strength.” And a former schoolmate of Tamm’s, Peter Craig, writes: “No one who attended Landon School in Bethesda, Md., in the late 1960s, as I did, will be at all surprised to learn that Tom Tamm ended up risking it all to do the right thing. In his senior year, for instance, Tom, then the president of the student council, decided to turn himself in to the rest of the council for some minor infraction unknown to anyone else (and ultimately warranting no punishment). It showed the same character and a burgeoning morality that years later would compel him to do what he did.” Only one published letter, from Bob Spickelmier, expresses the view that Tamm should go to jail for his actions. [Newsweek, 1/10/2009]

Entity Tags: Thomas Tamm, Bob Spickelmier, ’Stellar Wind’, Bush administration (43), Newsweek, Harvey Jay Goldstein, Leonard Kliff, US Department of Justice, Peter Craig, Joseph Clark

Timeline Tags: Civil Liberties

Eric Holder.Eric Holder. [Source: New York Times]Incoming Attorney General Eric Holder says the Justice Department will defend the US’s warrantless eavesdropping program (see Spring 2004 and December 15, 2005) in court, based on Congress’s passage of legislation immunizing US telecommunications companies from lawsuits challenging their participation in the government spy program (see January 5, 2009). Holder makes this statement during Senate hearings to confirm his selection as attorney general. “The duty of the Justice Department is to defend statutes that have been passed by Congress,” Holder says. “Unless there are compelling reasons, I don’t think we would reverse course.” President-elect Obama, while a senator, opposed granting immunity to the telecommunications firms, but voted for immunity because it was included in a broader surveillance bill that gave the Bush administration broad new powers to eavesdrop on Americans without warrants. [Wired News, 1/15/2009]

Entity Tags: Barack Obama, US Department of Justice, Eric Holder, Bush administration (43)

Timeline Tags: Civil Liberties

Constitutional lawyer and author Bruce Fein, a former official in the Justice Department under Ronald Reagan, writes that if President Obama wants to “restore the rule of law and to prevent future wrongdoing by high-level government officials,” he “should investigate, among others, former President George W. Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Attorney General John Ashcroft, former White House counsel and Attorney General Alberto Gonzales, and former White House political adviser Karl Rove. The crimes to be investigated should include complicity in torture, illegal surveillance, illegal detention, perjury, obstruction of justice, and contempt of Congress. Prosecutions should follow if the evidence convinces a grand jury to indict.” Fein states that “[t]he best way to deter government criminality and to teach citizens the rule of law is to punish the perpetrators who are unanimously found guilty beyond a reasonable doubt by independent and impartial jurors.”
FBI, CIA Feared Prosecution for Torture - He notes that the FBI refused to participate in “enhanced interrogation techniques,” including waterboarding, for fear of being charged with war crimes. And the CIA required specific legal opinions from the Bush Justice Department—the so-called “golden shield” (see August 1, 2002)—and specific presidential authorization before it would allow its agents to torture detainees. And the White House ordered an end to waterboarding after it was warned that such tactics left its officials open to charges of torture and war crimes.
Attorney General Feared Prosecution under FISA - He goes on to note that Justice Department officials such as acting Attorney General James Comey “balked at approving… Bush’s warrantless surveillance program without modification in March 2004 probably because he feared criminal prosecution under the Foreign Intelligence Surveillance Act” (see 1978).
'Unpunished Lawlessness by Government Officials Invites Lawlessness Generally' - Fein asserts that “unpunished lawlessness by government officials invites lawlessness generally.” He quotes former Supreme Court Justice Louis Brandeis: “Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” The best way to deter criminal behavior, he says, is to prosecute alleged criminals, and that process must start with government officials. [Washington Times, 1/20/2009]

Entity Tags: Bruce Fein

Timeline Tags: Civil Liberties

David Kris.David Kris. [Source: Brookings Institution]President Obama picks as his nominee to lead the Justice Department’s National Security Division an outspoken critic of the Bush administration’s legal justifications for warrantless wiretapping. David Kris served as a senior Justice Department official in both the Clinton and Bush administrations before accepting a position at Georgetown University’s law school, and is considered an expert on intelligence law. After the New York Times revealed the Bush administration’s warrantless wiretapping program (see December 15, 2005), Kris wrote a 25-page legal analysis describing the rationale for the program as “weak” and probably invalid. When he was at the Justice Department, Kris advised his then-boss, Deputy Attorney General Larry Thompson, not to sign a batch of wiretapping warrants—results of the warrantless wiretap program—because intelligence officials would not reveal how the information in the wiretaps was obtained. If confirmed by the Senate, Kris will not only oversee intelligence and national security law, but may be responsible for the dispensation of the detainees in the Guantanamo prison camp (see January 22, 2009). [New York Times, 1/22/2009]

Entity Tags: US Department of Justice, Barack Obama, Bush administration (43), David Kris, New York Times

Timeline Tags: Civil Liberties

Former Vice President Dick Cheney says that because of the Obama administration’s new policies, there is what he calls a “high probability” that terrorists will attempt a catastrophic nuclear or biological attack in coming years. “If it hadn’t been for what we did—with respect to the terrorist surveillance program (see After September 11, 2001 and December 15, 2005), or enhanced interrogation techniques for high-value detainees (see September 16, 2001 and November 14, 2001, among others), the Patriot Act (see October 26, 2001), and so forth—then we would have been attacked again,” says Cheney. “Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” The situation has changed, he says. “When we get people who are more concerned about reading the rights to an al-Qaeda terrorist (see January 22, 2009) than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans, then I worry,” he says. Protecting the country’s security is “a tough, mean, dirty, nasty business,” he continues. “These are evil people. And we’re not going to win this fight by turning the other cheek.” He calls the Guantanamo detention camp, which President Obama has ordered shut down (see January 22, 2009), a “first-class program” and a “necessary facility” that is operated legally and provides inmates better living conditions than they would get in jails in their home countries. But the Obama administration is worried more about its “campaign rhetoric” than it is protecting the nation: “The United States needs to be not so much loved as it needs to be respected. Sometimes, that requires us to take actions that generate controversy. I’m not at all sure that that’s what the Obama administration believes.” Cheney says “the ultimate threat to the country” is “a 9/11-type event where the terrorists are armed with something much more dangerous than an airline ticket and a box cutter—a nuclear weapon or a biological agent of some kind” that is deployed in the middle of an American city. “That’s the one that would involve the deaths of perhaps hundreds of thousands of people, and the one you have to spend a hell of a lot of time guarding against. I think there’s a high probability of such an attempt. Whether or not they can pull it off depends whether or not we keep in place policies that have allowed us to defeat all further attempts, since 9/11, to launch mass-casualty attacks against the United States.” [Politico, 2/4/2009] Cheney has warned of similarly dire consequences to potential Democratic political victories before, before the 2004 presidential elections (see September 7, 2004) and again before the 2006 midterm elections (see October 31, 2006).

Entity Tags: Barack Obama, Al-Qaeda, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2010 Elections

Conservative columnist Thomas P. Kilgannon, the president of Freedom Alliance, writes in a piece for the online news magazine Human Events: “Globalists were dismayed because [President] Bush’s rejection of the ICC [International Criminal Court] was a vote for American sovereignty—a refusal to cede authority to international government and a court that is not bound to the principles of the US Constitution, far less our laws. That could change under the Obama administration. Two weeks ago, hope returned to the House of Hammarskjold [referring to the United Nations] when US Ambassador Susan Rice, in a closed [UN] Security Council meeting, voiced support for the ICC.” [Human Events, 2/10/2009; Media Matters, 4/10/2009]

Entity Tags: International Criminal Court, Freedom Alliance, George W. Bush, Obama administration, Susan Rice, Thomas P. Kilgannon, United Nations

Timeline Tags: Domestic Propaganda

In a speech at the Nixon Center, neoconservative guru Richard Perle (see 1965 and Early 1970s) attempts to drastically rewrite the history of the Bush administration and his role in the invasion of Iraq. The Washington Post’s Dana Milbank writes that listening to Perle gave him “a sense of falling down the rabbit hole.” Milbank notes: “In real life, Perle was the ideological architect of the Iraq war and of the Bush doctrine of preemptive attack (see 1987-2004, Late December 2000 and Early January 2001, March, 2001, Shortly After September 11, 2001, September 15, 2001, September 19-20, 2001, November 14, 2001, November 14, 2001, November 18-19, 2001, May 2002, August 16, 2002, November 20, 2002, January 9, 2003, February 25, 2003, and March 27, 2003). But at yesterday’s forum of foreign policy intellectuals, he created a fantastic world in which:
bullet Perle is not a neoconservative.
bullet Neoconservatives do not exist.
bullet Even if neoconservatives did exist, they certainly couldn’t be blamed for the disasters of the past eight years.” [Washington Post, 2/20/2009]
Perle had previously advanced his arguments in an article for National Interest magazine. [National Interest, 1/21/2009]
'No Such Thing as a Neoconservative Foreign Policy' - Perle tells the gathering, hosted by National Interest: “There is no such thing as a neoconservative foreign policy. It is a left critique of what is believed by the commentator to be a right-wing policy.” Perle has shaped the nation’s foreign policy since 1974 (see August 15, 1974, Early 1976, 1976, and Early 1981). He was a key player in the Reagan administration’s early attempts to foment a nuclear standoff with the Soviet Union (see Early 1981 and After, 1981 and Beyond, September 1981 through November 1983, May 1982 and After, and October 11-12, 1986). Perle denies any real involvement with the 1996 “Clean Break” document, which Milbank notes “is widely seen as the cornerstone of neoconservative foreign policy” (see July 8, 1996 and March 2007). Perle explains: “My name was on it because I signed up for the study group. I didn’t approve it. I didn’t read it.” In reality, Perle wrote the bulk of the “Clean Break” report. Perle sidesteps questions about the letters he wrote (or helped write) to Presidents Clinton and Bush demanding the overthrow of Saddam Hussein (see January 26, 1998, February 19, 1998, and September 20, 2001), saying, “I don’t have the letters in front of me.” He denies having any influence on President Bush’s National Security Strategy, which, as Milbank notes, “enshrin[ed] the neoconservative themes of preemptive war and using American power to spread freedom” (see May 1, 2001), saying: “I don’t know whether President Bush ever read any of those statements [he wrote]. My guess is he didn’t.” Instead, as Perle tells the audience: “I see a number of people here who believe and have expressed themselves abundantly that there is a neoconservative foreign policy and it was the policy that dominated the Bush administration, and they ascribe to it responsibility for the deplorable state of the world. None of that is true, of course.” Bush’s foreign policy had “no philosophical underpinnings and certainly nothing like the demonic influence of neoconservatives that is alleged.” And Perle claims that no neoconservative ever insisted that the US military should be used to spread democratic values (see 1965, Early 1970s, Summer 1972 and After, August 15, 1974, 1976, November 1976, Late November, 1976, 1977-1981, 1981 and Beyond, 1984, Late March 1989 and After, 1991-1997, March 8, 1992, July 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997, November 12, 1997, January 26, 1998, February 19, 1998, May 29, 1998, July 1998, February 1999, 2000, September 2000, November 1, 2000, January 2001, January 22, 2001 and After, March 12, 2001, Shortly After September 11, 2001, September 20, 2001, September 20, 2001, September 20, 2001, September 24, 2001, September 25-26, 2001, October 29, 2001, October 29, 2001, November 14, 2001, November 20, 2001, November 29-30, 2001, December 7, 2001, February 2002, April 2002, April 23, 2002, August 6, 2002, September 4, 2002, November 2002-December 2002, November 12, 2002, February 2003, February 13, 2003, March 19, 2003, December 19, 2003, March 2007, September 24, 2007, and October 28, 2007), saying, “I can’t find a single example of a neoconservative supposed to have influence over the Bush administration arguing that we should impose democracy by force.” His strident calls for forcible regime change in Iran were not what they seemed, he says: “I’ve never advocated attacking Iran. Regime change does not imply military force, at least not when I use the term” (see July 8-10, 1996, Late Summer 1996, November 14, 2001, and January 24, 2004).
Challenged by Skeptics - Former Reagan administration official Richard Burt (see Early 1981 and After and May 1982 and After), who challenged Perle during his time in Washington, takes issue with what he calls the “argument that neoconservatism maybe actually doesn’t exist.” He reminds Perle of the longtime rift between foreign policy realists and neoconservative interventionists, and argues, “You’ve got to kind of acknowledge there is a neoconservative school of thought.” Perle replies, “I don’t accept the approach, not at all.” National Interest’s Jacob Heilbrunn asks Perle to justify his current position with the title of his 2003 book An End to Evil. Perle claims: “We had a publisher who chose the title. There’s hardly an ideology in that book.” (Milbank provides an excerpt from the book that reads: “There is no middle way for Americans: It is victory or holocaust. This book is a manual for victory.”) Perle blames the news media for “propagat[ing] this myth of neoconservative influence,” and says the term “neoconservative” itself is sometimes little more than an anti-Semitic slur. After the session, the moderator asks Perle how successful he has been in making his points. “I don’t know that I persuaded anyone,” he concedes. [Washington Post, 2/20/2009]
'Richard Perle Is a Liar' - Harvard professor Stephen Walt, a regular columnist for Foreign Policy magazine, writes flatly, “Richard Perle is a liar.” He continues: “[K]ey neoconservatives like Douglas Feith, I. Lewis ‘Scooter’ Libby, Paul Wolfowitz, and others [were] openly calling for regime change in Iraq since the late 1990s and… used their positions in the Bush administration to make the case for war after 9/11, aided by a chorus of sympathetic pundits at places like the American Enterprise Institute, and the Weekly Standard. The neocons were hardly some secret cabal or conspiracy, as they were making their case loudly and in public, and no serious scholar claims that they ‘bamboozled’ Bush and Cheney into a war. Rather, numerous accounts have documented that they had been openly pushing for war since 1998 and they continued to do so after 9/11.… The bottom line is simple: Richard Perle is lying. What is disturbing about this case is is not that a former official is trying to falsify the record in such a brazen fashion; Perle is hardly the first policymaker to kick up dust about his record and he certainly won’t be the last. The real cause for concern is that there are hardly any consequences for the critical role that Perle and the neoconservatives played for their pivotal role in causing one of the great foreign policy disasters in American history. If somebody can help engineer a foolish war and remain a respected Washington insider—as is the case with Perle—what harm is likely to befall them if they lie about it later?” [Foreign Policy, 2/23/2009]

Entity Tags: Richard Perle, Jacob Heilbrunn, Lewis (“Scooter”) Libby, George W. Bush, Douglas Feith, Dana Milbank, Bush administration (43), Stephen Walt, Paul Wolfowitz, Richard Burt

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Some of the Justice Department memos released today.Some of the Justice Department memos released today. [Source: Los Angeles Times]The Department of Justice releases nine memos written after the 9/11 attacks that claimed sweeping, extraconstitutional powers for then-President Bush. The memos, written primarily by John Yoo of the Office of Legal Counsel (OLC), claim that Bush could, if he desired, order military raids against targets within the US, and order police or military raids without court warrants (see October 23, 2001). The only justification required would be that Bush had declared the targets of such raids to be suspected terrorists. Other powers the president had, according to the memos, were to unilaterally abrogate or abandon treaties with foreign countries, ignore Congressional legislation regarding suspected terrorists in US detention (see March 13, 2002), suspend First Amendment rights to freedom of speech and information dissemination (see October 23, 2001), and conduct a program of warrantless domestic surveillance (see September 25, 2001). In January, an opinion issued by the OLC claimed that the opinions of the earlier memos had not been acted upon since 2003, and were generally considered unreliable (see January 15, 2009). Attorney General Eric Holder, who signed off on the release of the memos, says: “Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that thought misguided, I fear that in actuality it does more harm than good.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; US Department of Justice, 3/2/2009; US Department of Justice, 3/2/2009; New York Times, 3/2/2009]
Memos Laid Groundwork for Warrantless Wiretapping - Though many of the powers said to belong to the president in the memos were never exercised, the assertions led to the warrantless wiretapping of US citizens (see December 15, 2005 and Spring 2004) and the torture of detained terror suspects. [Newsweek, 3/2/2009]
'How To ... Evade Rule of Law' - Senate Judiciary Committee Chairman Patrick Leahy (D-VT) says the memos begin “to provide details of some of the Bush administration’s misguided national security policies” that have long been withheld from public scrutiny. Jennifer Daskal of Human Rights Watch says the memos collectively “read like a how-to document on how to evade the rule of law.” [Washington Post, 3/3/2009] Kate Martin of the Center for National Security Studies says that the memos were part of a larger effort “that would basically have allowed for the imposition of martial law.” [Newsweek, 3/2/2009]
'Tip of Iceberg' - The memos are, according to a former Bush administration lawyer, “just the tip of the iceberg” in terms of what the Bush administration authorized. Jameel Jaffer of the American Civil Liberties Union (ACLU) says the Bush administration memos “essentially argue that the president has a blank check to disregard the Constitution during wartime, not only on foreign battlefields, but also inside the United States.” [Los Angeles Times, 3/3/2009] The ACLU, which has sued to obtain these and other memos, applauds the release of the documents, and says it hopes this is the first step in a broader release. [Reuters, 3/2/2009]

Entity Tags: Eric Holder, Jennifer Daskal, Patrick J. Leahy, Office of Legal Counsel (DOJ), Jameel Jaffer, Kate Martin, John C. Yoo, Bush administration (43), American Civil Liberties Union, US Department of Justice

Timeline Tags: Civil Liberties

Conservative pundit Ann Coulter tells a New York Times reporter that the editorial staff of the Times—which she brands the “Treason Times”—should have been executed for treason for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005). Coulter responded to a set of questions e-mailed to her regarding her upcoming debates with political satirist Bill Maher. Asked if she believes she speaks for the conservative movement, for her own fan base, or someone else, she answers, “I think I speak for all Americans who think newspaper editors who print the details of top secret anti-terrorist intelligence gathering programs on page one in wartime should be executed for treason.” [New York Times, 3/9/2009]

Entity Tags: New York Times, Ann Coulter, Bush administration (43)

Timeline Tags: Civil Liberties, Domestic Propaganda

A lawsuit filed by failed presidential candidate Alan Keyes and handled by lawyers Orly Taitz and Gary Kreep (see November 12, 2008 and After) is dismissed by the Superior Court of California. The lawsuit asked that since President Obama’s US citizenship is “unproven,” the court bar him from serving as president until the issue is “resolved.” [Superior Court of California, 3/13/2009] Appeals of the lawsuit, going all the way to the California Supreme Court, will be dismissed as well. [Disposition: Keyes v. Bowen, 2/2/2011]

Entity Tags: Barack Obama, Orly Taitz, Gary Kreep, Alan Keyes

Timeline Tags: Domestic Propaganda, 2008 Elections

The US Supreme Court hears the case of Citizens United v. Federal Election Commission, in which the Federal Election Commission (FEC) refused to let the conservative lobbying organization Citizens United (CU) air a film entitled Hillary: The Movie during the 2008 presidential primary season (see January 10-16, 2008). The FEC ruled that H:TM, as some have shortened the name, was not a film, but a 90-minute campaign ad with no other purpose than to smear and attack Senator Hillary Clinton (D-NY) as being unfit to hold office. A panel of appeals judges agreed with the FEC’s ruling, which found the film was “susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” As a campaign ad, the film’s airing on national network television came under campaign finance laws, particularly since the film was financed by corporate political donations. CU was allowed to air the film in theaters and sell it in DVD and other formats, but CU wanted to pay $1.2 million to have the movie aired on broadcast cable channels and video-on-demand (pay per view) services, and to advertise its broadcast. CU president David Bossie (see May 1998) hired former Bush Solicitor General Theodore Olson after the Supreme Court agreed to hear the case. Bossie denies that he chose Olson because of their shared loathing of the Clintons—they worked together to foment the “Arkansas Project,” a Clinton smear effort that resulted in Congress unsuccessfully impeaching President Clinton—but because Olson gave “us the best chance to win.” Bossie dedicated the Clinton film to Barbara Olson, Olson’s late wife, who died in the 9/11 attacks (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] “I just don’t see how the Federal Election Commission has the authority to use campaign-finance rules to regulate advertising that is not related to campaigns,” Bossie told reporters last year. [Christian Science Monitor, 2/1/2008]
Uphold or Cut Back McCain-Feingold? - Observers, unaware of the behind-the-scenes machinations, believe the case gives the Court the opportunity to either uphold or cut back the body of law stemming from the Bipartisan Campaign Reform Act (BCRA, or McCain-Feingold) campaign finance law (see March 27, 2002), which limits the ability of corporations and labor unions to spend unlimited amounts of money on political advertising before elections. CU is arguing that the BCRA is unconstitutional, having argued before a previous court that the the BCRA law was unconstitutional in the way it was being enforced by the FEC against its film. In its brief to the Court, CU denies the film is any sort of “electioneering,” claiming: “Citizens United’s documentary engages in precisely the political debate the First Amendment was written to protect… The government’s position is so far-reaching that it would logically extend to corporate or union use of a microphone, printing press, or the Internet to express opinions—or articulate facts—pertinent to a presidential candidate’s fitness for office.” The Justice Department, siding with the FEC, calls the film an “unmistakable” political appeal, stating, “Every element of the film, including the narration, the visual images and audio track, and the selection of clips, advances the clear message that Senator Clinton lacked both the integrity and the qualifications to be president of the United States.” The film is closer to a political “infomercial” than a legitimate documentary, the Justice Department argues. The film’s “unmistakable message is that Senator Clinton’s character, beliefs, qualifications, and personal history make her unsuited to the office of the President of the United States,” according to a Justice Department lawyer, Edwin Kneedler, who filed a brief on behalf of the FEC. The Justice Department wants the Court to uphold FEC disclosure requirements triggered by promotional ads, while Olson and CU want the Court to strike down the requirements. Olson says financial backers of films such as H:TM may be reluctant to back a film if their support becomes publicly known. Kneedler, however, writes that such disclosure is in the public interest. The Reporters Committee for Freedom of the Press (RCFP) is joining CU in its court fight, stating in a brief, “By criminalizing the distribution of a long-form documentary film as if it were nothing more than a very long advertisement, the district court has created uncertainty about where the line between traditional news commentary and felonious advocacy lies.” Scott Nelson of the Public Citizen Litigation Group, which supports the BCRA, disagrees with RCFP’s stance, saying, “The idea that [the law] threatens legitimate journalism and people who are out creating documentaries, I think, is a stretch.” [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] The RCFP has said that the movie “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.” And a lawyer with the RCFP, Gregg P. Leslie, asked, “Who is the FEC to decide what is news and what kind of format news is properly presented in?” [New York Times, 3/5/2009]
Filled with False Information - The movie was relentlessly panned by critics, who found much of its “information” either misrepresentative of Clinton or outright false. CU made several other films along with the Clinton documentary, which included attacks on filmmaker Michael Moore, the American Civil Liberties Union, illegal immigrants, and Clinton’s fellow presidential contender Barack Obama (D-IL—see October 28-30, 2008). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009]
Arguments Presented - Olson and his opponent, Deputy Solicitor General Malcolm Stewart, present arguments in the case to the assembled Court. Traditionally, lawyers with the Solicitor General (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. New Yorker reporter Jeffrey Toobin later writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who clerked for former Justice Harry Blackmun and is a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. Justice Samuel Alito, a conservative justice with a penchant for asking tough questions that often hide their true intentions behind carefully neutral wording, is interested in seeing how far he can push Stewart’s argument. Does the BCRA apply only to television commercials, he asks, or might it regulate other means of communication during a federal campaign? “Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?” Could the law limit a corporation from “providing the same thing in a book? Would the Constitution permit the restriction of all those as well?” Stewart says that the BCRA indeed imposes such restrictions, stating, “Those could have been applied to additional media as well.” Could the government regulate the content of a book? Alito asks. “That’s pretty incredible. You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?” Stewart, who tardily realizes where Alito was going, attempts to recover. “I’m not saying it could be banned,” he responds. “I’m saying that Congress could prohibit the use of corporate treasury funds and could require a corporation to publish it using its—” Justice Anthony Kennedy, considered a “swing” justice in some areas but a reliable conservative vote in campaign-spending cases, interrupts Stewart. “Well, suppose it were an advocacy organization that had a book,” Kennedy says. “Your position is that, under the Constitution, the advertising for this book or the sale for the book itself could be prohibited within the 60- and 30-day periods?” Stewart gives what Toobin later calls “a reluctant, qualified yes.” At this point, Roberts speaks up. According to Toobin, Roberts intends to paint Stewart into something of a corner. “If it has one name, one use of the candidate’s name, it would be covered, correct?” Roberts asks. Stewart responds, “That’s correct.” Roberts then asks, “If it’s a 500-page book, and at the end it says, ‘And so vote for X,’ the government could ban that?” Stewart responds, “Well, if it says ‘vote for X,’ it would be express advocacy and it would be covered by the preexisting Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980) provisions.” Toobin later writes that with their “artful questioning, Alito, Kennedy, and Roberts ha[ve] turned a fairly obscure case about campaign-finance reform into a battle over government censorship.” Unwittingly, Stewart has argued that the government has the right to censor books because of a single line. Toobin later writes that Stewart is incorrect, that the government could not ban or censor books because of McCain-Feingold. The law applies to television advertisements, and stems from, as Toobin will write, “the pervasive influence of television advertising on electoral politics, the idea that commercials are somehow unavoidable in contemporary American life. The influence of books operates in a completely different way. Individuals have to make an affirmative choice to acquire and read a book. Congress would have no reason, and no justification, to ban a book under the First Amendment.” Legal scholars and pundits will later argue about Stewart’s answers to the three justices’ questions, but, as Toobin will later write, “the damage to the government’s case had been profound.” [New Yorker, 5/21/2012]
Behind the Scenes - Unbeknownst to the lawyers and the media, the Court initially renders a 5-4 verdict in favor of CU, and strikes down decades of campaign finance law, before withdrawing its verdict and agreeing to hear rearguments in the fall (see June 29, 2009). Toobin will write that the entire case is orchestrated behind the scenes, by Roberts and his fellow majority conservatives. Toobin will write of “a lengthy and bitter behind-the-scenes struggle among the justices that produced both secret unpublished opinions and a rare reargument of a case” that “reflects the aggressive conservative judicial activism of the Roberts Court.” Toobin will write that although the five conservatives are involved in broadening the scope of the case, and Kennedy actually writes the majority decision, “the result represented a triumph for Chief Justice Roberts. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to him.” The initial vote on the case is 5-4, with the five conservative justices—Alito, Kennedy, Roberts, Scalia, and Clarence Thomas—taking the majority.
Expansive Concurrence Becomes the Majority Opinion - At the outset, the case is decided on the basis of Olson’s narrow arguments, regarding the issue of a documentary being made available on demand by a nonprofit organization (CU). Roberts takes the majority opinion onto himself. The four liberals in the minority are confident Roberts’s opinion would be as narrow as Olson’s arguments. Roberts’s draft opinion is indeed that narrow. Kennedy writes a concurrence opining that the Court should go further and overturn McCain-Feingold, the 1990 Austin decision (see March 27, 1990), and end the ban on corporate donations to campaigns (see 1907). When the draft opinions circulates, the other three conservatives begin rallying towards Kennedy’s more expansive concurrence. Roberts then withdraws his draft and lets Kennedy write the majority opinion in line with his concurrence. Toobin later writes: “The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term.” During arguments in a different case, Roberts had “berated at length” a lawyer “for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations.”
Dissent - The senior Justice in the minority, John Paul Stevens, initially assigns the main dissent to Justice David Souter. Souter, who is in the process of retiring from the Court, writes a stinging dissent that documents some of the behind-the-scenes machinations in the case, including an accusation that Roberts violated the Court’s procedures to get the outcome he wanted. Toobin will call Souter’s planned dissent “an extraordinary, bridge-burning farewell to the Court” that Roberts feels “could damage the Court’s credibility.” Roberts offers a compromise: Souter will withdraw his dissent if the Court schedules a reargument of the case in the fall of 2009 (see June 29, 2009). The second argument would feature different “Questions Presented,” and the stakes of the case would be far clearer. The four minority justices find themselves in something of a conundrum. They feel that to offer the Kennedy opinion as it stands would be to “sandbag” them and the entire case, while a reargument would at least present the issues that the opinion was written to reflect. And there is already a 5-4 majority in favor of Kennedy’s expansive opinion. The liberals, with little hope of actually winning the case, agree to the reargument. The June 29, 2009 announcement will inform the parties that the Court is considering overturning two key decisions regarding campaign finance restrictions, including a decision rendered by the Roberts court (see March 27, 1990 and December 10, 2003) and allow essentially unlimited corporate spending in federal elections. Court observers will understand that the Court is not in the habit of publicly asking whether a previous Court decision should be overruled unless a majority is already prepared to do just that. Toobin will call Roberts and his four colleagues “impatient” to make the decision, in part because an early decision would allow the ruling to impact the 2010 midterm elections. [New Yorker, 5/21/2012]
Created to Give Courts Shot at McCain-Feingold - Critics, as yet unaware of the behind-the-scenes maneuvering, will later say that CU created the movie in order for it to fall afoul of the McCain-Feingold campaign finance law, and give the conservatives on the Court the opportunity to reverse or narrow the law. Nick Nyhart of Public Campaign will say: “The movie was created with the idea of establishing a vehicle to chip away at the decision. It was part of a very clear strategy to undo McCain-Feingold.” Bossie himself will later confirm that contention, saying: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” [Washington Post, 1/22/2010] CU’s original lawyer on the case, James Bopp, will later verify that the case was brought specifically to give the Court a chance to cut back or overturn campaign finance law (see January 25, 2010). The Court will indeed overturn McCain-Feingold in the CU decision (see January 21, 2010).

Entity Tags: Clarence Thomas, US Department of Justice, Theodore (“Ted”) Olson, Scott Nelson, US Supreme Court, Bipartisan Campaign Reform Act of 2002, Citizens United, Barbara Olson, American Civil Liberties Union, Anthony Kennedy, Barack Obama, Samuel Alito, Reporters Committee for Freedom of the Press, William Jefferson (“Bill”) Clinton, Michael Moore, Hillary Clinton, Gregg P. Leslie, Nick Nyhart, Edwin Kneedler, David Souter, Federal Election Commission, James Bopp, Jr, John Paul Stevens, David Bossie, John G. Roberts, Jr, Jeffrey Toobin, Malcolm Stewart

Timeline Tags: Civil Liberties

Fox News senior judicial analyst Andrew Napolitano hosts radio host Alex Jones on the online program Freedom Watch. Jones says that he has long pointed out “how hundreds of mainstream news articles a week are saying there is a new world order, a global government. It will be run by the very banks that are collapsing society by design, and we will pay carbon taxes to them.… [T]he good news is, I’ve never seen an awakening this big. And I’m seeing, you know, people like Glenn Beck talk about the new world order on Fox. I’m seeing you talk about it for years before him. We’re seeing [CNN host] Lou Dobbs talk about it. We’re seeing, you know, mainline talk show hosts—[radio host Rush] Limbaugh is even talking about global government now. [Radio host] Michael Savage is talking about how he thinks, you know, Obama may stage crises to bring in martial law.” [Media Matters, 4/10/2009] Jones is echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that are echoed by Fox News pundits such as Glenn Beck (see March 17, 2009), Bill O’Reilly (see April 1-2, 2009), and others (see April 6, 2009).

Entity Tags: Andrew Napolitano, Alex Jones, Barack Obama, Fox News

Timeline Tags: Domestic Propaganda

Eric Cantor (R-VA), the House Minority Whip, while appearing on C-SPAN’s “Washington Journal,” agrees with a caller that the Obama administration is moving the US towards one-party fascist rule. The caller says: “But what really is scaring the rest of us, the other half of us, is the fascism. I mean the true fascism that is happening in this country today.… The belligerent takeover of a one-party system.” Without repeating the terminology, Cantor agrees: “Now as far as a one-party government in here, I think what the public is doing, they’re finally waking up and everybody is realizing that checks and balances are a part of the system and divided government is something that is beneficial to a balanced debate, and something that can produce a better outcome. Which is exactly why Republicans in the House have said, ‘Look, we want to work with our colleagues on the other side of the aisle. We want to try to bring this president back into the mainstream.’” [Think Progress, 3/25/2009]

Entity Tags: Obama administration, Eric Cantor

Timeline Tags: Domestic Propaganda, 2010 Elections

Fox News host Glenn Beck, on his daily radio show, hosts US Representative Michele Bachmann (R-MN) to discuss her proposed constitutional amendment “to prohibit the president from entering into a treaty or other international agreement that would provide for the United States to adopt as legal tender in the United States a currency issued by an entity other than the United States.” Beck says to Bachmann: “I don’t want to believe that there are people in our country that would trash our dollar like this. And what’s going to happen is if you start to talk about a global currency, which I’m telling you, there’s no way out of what we’re doing now besides devaluing the dollar to pay off our debt and then have a new currency. There’s just no other way.… [W]hat happens is when you stand up, and when you say those things, then you’re deemed a kook. Then you’re deemed a militia member.” Bachmann says later in the interview: “The president is committing us so much now, and Congress is committing us to so much spending, that the only way out will be for him to continue to print money and have wild inflation. And once that collapses, then it’s a global currency. Well, then we are no more as a nation. We cease at that point.” Beck responds: “I believe it. But convincing everybody else may be a different story.” [Glenn Beck, 3/29/2009; Media Matters, 4/10/2009]

Entity Tags: Fox News, Michele Bachmann, Glenn Beck

Timeline Tags: Domestic Propaganda

The New York Post publishes an article headlined “Scary! Obama nominee wants one world order.” The article, by Post reporter Meghan Clyne, attacks President Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Clyne says Koh is a “fan of ‘transnational legal process,’ arguing that the distinctions between US and international law should vanish.” She says that according to Koh’s views, judges should put aside the Constitution in favor of “legal ‘norms’” from other nations’ laws. “Sharia law could apply to disputes in US courts,” she writes. “The United States constitutes an ‘axis of disobedience’ along with North Korea and Saddam-era Iraq.” The newly launched Fox Nation, the blog for Fox News, links to the article, which disappears from the Post’s Web archive shortly thereafter. [Fox Nation, 3/31/2009; Media Matters, 4/10/2009] An extraordinarily racist conservative blog, Chimpout, hosts a forum discussion of the article under the heading “Osambo picks another douche bag for his cabinet.” The forum’s thread is part of a larger discussion section entitled “N_gger College” and a subsection entitled “F_cked Up Facts about First Monkey,” an apparent reference to Obama. Commenters immediately begin launching “birther”-styled accusations of Obama being an illegal president because of his “Kenyan birth” (see October 8, 2008, October 16, 2008 and After, November 10, 2008, August 1-4, 2009, and August 4, 2009), and say Obama should be relegated to “picking cotton.” [Chimpout, 3/31/2009] Days later, Fox News talk show host Glenn Beck, conservative editor Cliff Kincaid, and former Republican Senator Rick Santorum will join in attacking Koh (see April 1, 2009, April 6, 2009, and April 9, 2009).

Entity Tags: Glenn Beck, Chimpout (.com), Barack Obama, Fox Nation, US Department of State, Obama administration, Harold Koh, Rick Santorum, New York Post, Meghan Clyne, Cliff Kincaid

Timeline Tags: Domestic Propaganda

Dick Morris discussing the economy on Fox News.Dick Morris discussing the economy on Fox News. [Source: Fox News]Conservative political pundit Dick Morris tells a Fox News audience that the recent G20 economic summit advocated a “global approach” to the current economic crisis, and discussed putting both the Securities and Exchange Commission (SEC) and the Federal Reserve under the control of the International Monetary Fund—a position not advocated or discussed by anyone in the Obama administration. He worries that there will soon be what he calls “a supernational authority run by bureaucrats, not by elected officials, that will be telling the elected governments, including the United States, what its [economic] regulations should be.” President Obama is far more amenable to the idea of allowing a multinational authority to control the US economy, Morris insists, and adds that Obama intends to preside over what he calls “a global redistribution of income, downward,” using environmental policy as “an excuse.” “We’re about to meet Barack Obama the internationalist,” Morris continues, “not fighting for American interests, but looking for global coordination.” He concludes, “Those crazies in Montana who say, ‘We’re going to kill ATF agents because the UN’s going to take over’—well, they’re beginning to have a case.” [Media Matters, 3/31/2009]

Entity Tags: Fox News, Dick Morris

Timeline Tags: Global Economic Crises, Domestic Propaganda

Fox News host Glenn Beck, speaking on his daily radio show, lambasts President Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Beck says Koh “believes in internationalism. He believes that we should not have a Constitution, that the Constitution is trumped by international law.” Beck later says: “[T]he idea is, have our courts answer to international law. Forget about the Constitution. Forget about your sovereignty.” [Media Matters, 4/10/2009] Days later, conservative editor Cliff Kincaid and former Republican Senator Rick Santorum will join Beck in attacking Koh (see April 6, 2009 and April 9, 2009).

Entity Tags: Rick Santorum, Cliff Kincaid, Fox News, Harold Koh, US Department of State, Glenn Beck

Timeline Tags: Domestic Propaganda

Conservative pundits on Fox News and other media outlets falsely claim that President Obama ceded the government’s authority over its economy to an international consortium during the G-20 summit, which concluded on April 2, 2009 in London. On April 3, pundit Dick Morris appears on Fox News’s America’s Newsroom to claim that Obama “effectively ceded massive areas of American sovereignty to Europe and to the global economic mavens.… [T]his literally is a massive surrender of sovereignty to an essentially European body.” On April 3, US Representative Don Manzullo (R-IL) tells CNN’s Kitty Pilgrim that Treasury Secretary Timothy “Geithner’s proposing, with the help of the administration, a worldwide international control over all financial interests—in fact, over any corporation, to the extent of even controlling the compensation of the employees. That’s not only radical, Kitty, that’s frightening.” Pilgrim responds, “Yeah, it certainly is.” On April 5, Fox News host Monica Crowley, appearing on the syndicated McLaughlin Group, says the G-20 agreement is “the first step to abrogating American sovereignty here, because… it is going to allow European bureaucrats to step in, not just on the hedge fund regulation and the other explicit things that they agreed to, but buried deep down in this communiqué was the ability for European bureaucrats sitting in Brussels to decide what kind of executive compensation American executives should—” Financial Times US managing editor Chrystia Freeland interjects, “No, there was no authority like that there, Monica.” Crowley responds, “I read it in the communique this morning.” [Media Matters, 4/7/2009] In an April 6 column titled “The Declaration of Independence Has Been Repealed,” Morris writes: “On April 2, 2009, the work of July 4, 1776 was nullified at the meeting of the G-20 in London. The joint communique essentially announces a global economic union with uniform regulations and bylaws for all nations, including the United States. Henceforth, our SEC [Securities and Exchange Commission], Commodities Trading Commission, Federal Reserve Board, and other regulators will have to march to the beat of drums pounded by the Financial Stability Board (FSB), a body of central bankers from each of the G-20 states and the European Union.… Obama, perhaps feeling guilty for the US role in triggering the international [economic] crisis, has, indeed, given away the store. Now we may no longer look to presidential appointees, confirmed by the Senate, to make policy for our economy. These decisions will be made internationally.” Noting that the FSB is numerically dominated by European members, Morris writes: “The Europeans have been trying to get their hands on our financial system for decades. It is essential to them that they rein in American free enterprise so that their socialist heaven will not be polluted by vices such as the profit motive. Now, with President Obama’s approval, they have done it.” [Dick Morris, 4/6/2009] On the evening of April 6, Morris makes the same claims on Fox News’s Hannity, telling viewers: “Basically, from an economic standpoint, [Obama’s] repealed [the Declaration of Independence]. We no longer have economic sovereignty.” [New York Times, 4/3/2009] None of these claims are true, as Freeland tried to assert. The FSB has no cross-border authority and therefore no authority over American economic decisions. On April 3, the New York Times reports, “While the [G-20] leaders agreed to create a new Financial Stability Board to monitor the financial system for signs of risks, they stopped well short of giving regulators cross-border authority, something France has long advocated.” [New York Times, 4/3/2009; Media Matters, 4/7/2009]

Entity Tags: Fox News, Chrystia Freeland, Barack Obama, Dick Morris, Financial Stability Board, Timothy Geithner, Don Manzullo, New York Times, Kitty Pilgrim, Monica Crowley

Timeline Tags: Domestic Propaganda

Cliff Kincaid, the editor of the conservative Accuracy in Media, accuses President Obama of seeking to appoint an advocate of the “new world order” to the State Department. Kincaid is referring to Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Kincaid says Koh’s nomination “is beyond worrisome. This is terrifying that—the thought of this kind of guy with these views becoming the top lawyer at the State Department. But seen in the light of the some of the other appointments Obama has made, it’s consistent with his push, which is now out in the open, for the US to become really subsumed into this, quote, ‘new world order’ that everybody keeps talking about, in which our sovereignty has been sacrificed for the, quote, ‘greater good.’” Kincaid is harking back to claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010). [Media Matters, 4/10/2009] Three days later, former Republican Senator Rick Santorum (R-PA) will say that Obama’s nomination of the “internationalist” Koh shows that Obama is “contemptuous of American values” (see April 9, 2009).

Entity Tags: US Department of State, Barack Obama, Harold Koh, Cliff Kincaid, Rick Santorum

Timeline Tags: Domestic Propaganda

Former Republican senator Rick Santorum writes in an op-ed for the Philadelphia Inquirer that President Obama is “contemptuous of American values.” Santorum, now a columnist for the Inquirer, ties his comments to the pending nomination of Harold Koh to become the State Department’s lead counsel. Santorum and other far-right conservatives oppose Koh, a former Yale Law School dean, because of his “internationalist” views. Obama’s nomination of Koh for the State Department, and Obama’s recent supposed “apology for American arrogance” to European audiences, “helped convince me that [Obama] has a deep-seated antipathy toward American values and traditions,” Santorum writes. Santorum opposes Koh’s view that the US must become part of the international legal community, and instead insists that the US hold itself apart from international law, a position Santorum shares with the former Bush administration. “Koh’s ‘transnationalism’ stands in contrast to good, old-fashioned notions of national sovereignty, in which our Constitution is the highest law of the land,” Santorum writes. “In the traditional view, controversial matters, whatever they may be, are subject to democratic debate here. They should be resolved by the American people and their representatives, not ‘internationalized.’ What Holland or Belgium or Kenya or any other nation or coalition of nations thinks has no bearing on our exercise of executive, legislative, or judicial power. Koh disagrees. He would decide such matters based on the views of other countries or transnational organizations—or, rather, those entities’ elites.” Koh supports the International Criminal Court, which Santorum views as an objectionable intrusion upon American sovereignty. [Philadelphia Inquirer, 4/9/2009] Santorum is echoing recent arguments by Fox News host Glenn Beck (see April 1, 2009) and Accuracy in Media editor Cliff Kincaid (see April 6, 2009).

Entity Tags: Glenn Beck, Harold Koh, Rick Santorum, US Department of State, Cliff Kincaid

Timeline Tags: US International Relations, Domestic Propaganda

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” [Think Progress, 4/15/2009; Think Progress, 5/29/2009]

Entity Tags: Ralph Reed, Republican National Committee, Paul Ryan, Tim Phillips, Obama administration, Sean Hannity, Newt Gingrich, John Boehner, Michael Steele, Barack Obama, Neil Cavuto, Center for American Progress, Ana Marie Cox, Americans for Progress, Fox Business Channel, Fox News, Koch Industries, David Vitter, American Solutions for Winning the Future, FreedomWorks, Glenn Beck, Dick Armey

Timeline Tags: Domestic Propaganda, 2010 Elections

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