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Context of 'Early 1976: Nixon Agrees to Multiple Interviews with British Entertainer David Frost'

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A CIA attorney calls the Justice Department’s chief of counterespionage to inform him that the CIA is investigating the identity leak of one of its officials, Valerie Plame Wilson (see July 14, 2003), as a possible breach of national security. The attorney leaves a message. Six days later, the CIA will alert Congress that it considers the leak a possible violation of criminal law, and it will so inform the Justice Department (see July 30, 2003). (Central Intelligence Agency 1/30/2004 pdf file)

Sometime between July 25 and July 28, Lewis Libby, the chief of staff for Vice President Dick Cheney, calls columnist Robert Novak. Libby was not one of Novak’s sources for his column outing CIA official Valerie Plame Wilson (see July 14, 2003), but was part of an orchestrated effort to discredit Plame Wilson’s husband, war critic Joseph Wilson (see June 3, 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, 12:00 p.m. July 7, 2003, July 7-8, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), 7:00 a.m. July 12, 2003, July 12, 2003, July 12, 2003, and July 14 or 15, 2003), and himself outed Plame Wilson to two other reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). In subsequent testimony before the grand jury investigating the Plame Wilson leak (see March 5, 2004), Libby will admit to a vague recollection of the conversation between himself and Novak, but will require his notes to determine that the call took place between July 25 and 28. (US Department of Justice 3/5/2004 pdf file; Marcy Wheeler 2/12/2007) It is unclear what Libby and Novak discuss.

Hama Hamadou.Hama Hamadou. [Source: Sangonet (.com)]The prime minister of Niger, Hama Hamadou (whose name is sometimes spelled Amadou), denies that Iraq ever attempted to buy uranium from his country (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, and March 7, 2003), and challenges British Prime Minister Tony Blair to produce the evidence that he says proves the claim. Hamadou says Niger is an ally of Britain and the US, since it sent 500 troops to fight against Saddam Hussein in the 1991 Gulf War. “Is this how Britain and America treat their allies?” he asks. “If Britain has evidence to support its claim then it has only to produce it for everybody to see. Our conscience is clear. We are innocent.” The US has admitted that its claims that Iraq attempted to buy uranium from Niger was based on forged documents (see March 8, 2003 and 3:09 p.m. July 11, 2003), but Britain continues to insist that it has intelligence from “independent sources” that proves the claim. Britain has not shared this intelligence with anyone. Hamadou denies that Iraq and Niger ever entered into any negotiations over uranium. “Officials from the two countries have never met to discuss uranium,” he says, and continues: “We were the first African country to send soldiers to fight against Saddam after the invasion of Kuwait in 1991. Would we really send material to somebody whom we had fought against and who could could destroy half the world with a nuclear bomb? It is unthinkable.” Hamadou says no one from either Britain or the US has formally accused Niger of any involvement in any uranium deals with Iraq. “Everybody knows that the claims are untrue,” he says. “We have survived famine in Niger. We can survive this.” (Harrison 7/27/2003)

Condoleezza Rice being interviewed by Gwen Ifill.Condoleezza Rice being interviewed by Gwen Ifill. [Source: PBS]After CIA Director George Tenet admits that President Bush should never have made the claim that Iraq had tried to purchase uranium from Niger (see 3:09 p.m. July 11, 2003), and Deputy National Security Adviser Stephen Hadley admits the White House also erred in allowing the claim (see July 22, 2003), Hadley’s boss, National Security Adviser Condoleezza Rice, grudgingly admits to her own responsibility in allowing the claim to be made. She tells PBS reporter Gwen Ifill: “What we learned later, and I did not know at the time, and certainly did not know until just before Steve Hadley went out to say what he said last week, was that the director [Tenet] had also sent over to the White House a set of clearance comments that explained why he wanted this out of the speech (see 9:01 pm January 28, 2003). I either didn’t see the memo, or I don’t remember seeing the memo.” When Ifill asks if she feels any “personal failure or responsibility” over allowing the false claim, Rice responds: “Well, I certainly feel personal responsibility for this entire episode. The president of the United States has every right to believe that what he is saying in his speeches is of [sic] the highest confidence of his staff.” On the same day, Rice continues to insist that Iraq had a nuclear weapons program (see July 30, 2003, July 30, 2003, and July 31, 2003). (Wilson 2004, pp. 352-353)

A former Bush administration official warns Niger’s president to keep quiet about the forged documents alleging Iraq attempted to buy enriched uranium from his country (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), according to a Sunday Telegraph report. Nigerien Prime Minister Hama Hamadou has said that Iraq never attempted to buy uranium from Niger (see July 27, 2003). According to the report, Herman Cohen, a former assistant secretary of state for Africa, visits the Nigerien capital of Niamey, and calls on President Mamadou Tandja. Senior Nigerien government officials later say that Cohen makes it clear to Tandja that he needs to stay quiet about the forgeries. “Let’s say Mr. Cohen put a friendly arm around the president to say sorry about the forged documents, but then squeezed his shoulder hard enough to convey the message, ‘Let’s hear no more about this affair from your government,’” one Nigerien official will tell a Telegraph reporter. “Basically he was telling Niger to shut up.” It was a Telegraph reporter who interviewed Hamadou earlier in the week. Bush administration officials deny attempting to “gag” Tandja or the Nigerien government. That denial is contradicted by the Nigerien official, who says there was “a clear attempt to stop any more embarrassing stories coming out of Niger” by the Americans. The official says the warning is likely to be heeded: “Mr. Cohen did not spell it out but everybody in Niger knows what the consequences of upsetting America or Britain would be. We are the world’s second-poorest country and we depend on international aid to survive.” (Harrison 8/8/2003; Leupp 11/9/2005)

Joseph Wilson, the former US ambassador to Gabon who has played a key part in discrediting the Bush administration’s attempts to claim that Iraq tried to purchase weapons-grade uranium from Niger (see July 6, 2003)), discusses the issue with CNN’s Wolf Blitzer. Wilson affirms that he has always believed Iraq had chemical and biological WMD, but not enough to warrant invading it, and adds that he “disagreed with… the other agendas that were in play that led us to invade, conquer, and now occupy Iraq.” He notes that he accepts the assertions that neither Vice President Dick Cheney, National Security Adviser Condoleezza Rice, nor CIA Director George Tenet were aware of his 2002 mission to Niger at the time he made the trip (see February 21, 2002-March 4, 2002), but adds that he believes Cheney and his staffers, particularly his chief of staff Lewis Libby, “asked essentially that… the agency follow up on the report. So it was a question that went to the CIA briefer from the Office of the Vice President (see (February 13, 2002)). The CIA, at the operational level, made a determination that the best way to answer this serious question was to send somebody out there who knew something about both the uranium business and those Niger officials that were in office at the time these reported documents were executed.” Wilson refuses to comment on his wife Valerie Plame Wilson (see July 14, 2003), particularly her CIA status, but does say that the attacks on both himself and his wife were “clearly designed to keep others from stepping forward. If you recall, there were any number of analysts who were quoted anonymously as saying that the vice president had seemed to pressure them in his many trips out to the CIA (see 2002-Early 2003). I don’t know if that’s true or not, but you can be sure that a GS-14 or 15 with a couple of kids in college, when he sees the allegations that came from senior administration officials about my family are in the public domain, you can be sure that he’s going to be worried about what might happen if he were to step forward.” The people who leaked the information about his wife, Wilson continues, “are libel or vulnerable to investigation under a 1982 law dealing with the identification of American agents.” He is referring to the Intelligence Identities Protection Act (see July 16, 2003). (CNN 8/3/2003)

Joseph Wilson, the former US ambassador to Gabon who has played a key part in discrediting the Bush administration’s attempts to claim that Iraq tried to purchase weapons-grade uranium from Niger (see July 6, 2003)), is interviewed for the PBS Frontline episode, “Truth, Consequences, and War.” The interview will be broadcast in early October 2003.
Trip to Niger - Wilson confirms that the CIA sent him to Niger in February 2002 to find evidence either supporting or challenging claims that Iraq tried to purchase weapons-grade uranium from that nation (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). Wilson notes that the CIA officials who sent him to Iraq “said that the Office of the Vice President had raised questions about this report, and they’d asked them to look into it” (see (February 13, 2002)), but he personally had no contact with anyone in that office.
Reactions to Claims of Iraq-Niger Uranium Deal - Wilson recalls being bemused by President Bush’s assertion that Iraq tried to purchase uranium from an African country, but accepted the possibility that he was not referring to Niger, but another African nation that also mines and sells uranium (see January 28-29, 2003). Wilson says the issue became a concern to him when the International Atomic Energy Agency concluded that the documents used for the Iraq-Niger claims were obvious forgeries (see March 7, 2003), and the State Department admitted to being gulled by them (see March 8, 2003). He says, “Now, when the State Department spokesman said that, I was moved to say on a news program that I thought that if the US government looked into its files, it would find that it had far more information on this particular subject than the State Department spokesman was letting on” (see March 8, 2003). Wilson calls the decision to allow Bush to make the claim in his State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003) irresponsible. “You allow the president of the United States to use information that did not even pass the threshold for an Italian news magazine [Panorama—see October 9, 2002]? You allow him to use that information in the most important speech that he makes in his tenure?”
Correcting the Record - Wilson denies that his decision to write an op-ed for the New York Times exposing the falsehood of the White House claims (see July 6, 2003) was political. Instead, he says, it was “a response to what appeared to me to be a series of misstatements on the part of senior administration officials.” Wilson notes that the White House had many opportunities to set the record straight without his intervention, but chose not to. He made pleas to the White House through his friends at the State Department and friends of senior administration officials to be honest about the claims (see January 29, 2003 and March 8, 2003). Wilson reiterates his feelings that the Iraq invasion was outside the bounds of the various United Nations resolutions constraining Iraq’s behavior, and that Iraq could have been successfully contained by continuing UN efforts to disarm the Iraqi regime. There were no provable links between Iraq and Islamist terrorism, there was no provable imminent threat to the US or the Middle East from Iraq, and allegations that Iraq had committed genocide could have been addressed through the UN’s Genocide Convention.
Blowing His Wife's CIA Identity - Wilson concludes by addressing the leak of his wife Valerie Plame Wilson’s identity as a CIA official (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, July 12, 2003, and July 14, 2003), and notes that while he won’t confirm that his wife is a CIA official, to publicly expose such an official is a crime under the Intelligence Identities Protection Act (see July 16, 2003). It was an attempt to intimidate others, Wilson says: “I think it was a signal to others, that should you decide to come forward, we will do this to your family as well. It was just very sloppy.” He adds that if his wife is indeed a CIA official, “if it’s a real violation, [it will] cause a lot of pain in our national security apparatus, because at a minimum—the assertions were that she was a CIA operative working in the weapons of mass destruction programs. So if those assertions are true, what this administration has done is they’ve taken a national security asset involved in a program to which they give high priority, off the table, and to protect whose career? What political objective is so important… that you take a national security asset off—not to shut me up, but to… [shut] others up. That would be the only conclusion I could come to. If you read the story in which this assertion was made, the assertion adds absolutely nothing to the story, nothing. It is not germane, it is not relevant.” The interviewer says, “All’s fair in love and war,” and Wilson responds: “When you’re an administration that comes to office on a platform of restoring dignity and honor to the White House, and you act in such a dishonorable and undignified way, then you really do descend to that ‘all’s fair in love and war’ status. I think in that case it’s important to point out how duplicitous some in the White House are.” (PBS Frontline 10/9/2003)

Outed CIA case officer Valerie Plame Wilson (see July 14, 2003), fighting allegations that she was the officer responsible for sending her husband, Joseph Wilson, to Niger to investigate claims that Iraq had attempted to buy uranium from there (see February 13, 2002, February 19, 2002, and July 22, 2003), meets with one of her supervisors, the deputy chief of the CIA’s counterproliferation division (CPD). Plame Wilson only identifies him as “Scott.” He tells her that she is the victim of unfair charges, and that it is obvious to him she did not indulge in any nepotism or improper conduct. “In fact,” Scott tells her, “if we had asked you to take our message to Joe about coming in to headquarters to discuss possible options relating to the yellowcake allegations and you refused for some reason, you would have been derelict in your duty.” (Wilson 2007, pp. 148)

Former ambassador Joseph Wilson, whose wife Valerie Plame Wilson’s cover as a CIA agent was blown by two administration officials (see July 14, 2003), says that he believes deputy White House chief of staff Karl Rove is responsible for outing his wife. At a public forum in Seattle, Wilson names Rove as the person most likely to have leaked his wife’s covert identity and says he is keenly interested “to see whether or not we can get Karl Rove frog-marched out of the White House in handcuffs.” (Allen and Priest 9/28/2003) As Wilson will later recall, the comment is greeted by a storm of boos and catcalls, “followed by applause at the thought of everyone’s favorite ogre being frog-marched.” Wilson’s wife is not pleased by Wilson’s turn of phrase, and later warns him to temper his words. (Wilson 2004, pp. 372)

When the media reports that six different reporters were told of Valerie Plame Wilson’s identity as a CIA officer in the days before conservative columnist Robert Novak publicly identified her as such (see July 14, 2003), New York Times bureau chief Philip Taubman asks reporter Judith Miller if she is one of the six. Miller denies that she was told of Plame Wilson’s identity. She is lying (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Taubman will later recall that Miller is rather equivocal in her denial. “The answer was generally no,” he will say. He will recall Miller claiming that the subject of Plame Wilson and her husband, Bush administration critic Joseph Wilson, had come up in casual conversation with government officials, but “she had not been at the receiving end of a concerted effort, a deliberate organized effort to put out information.” (van Natta, Liptak, and Levy 10/16/2005)

In a speech to the nation commemorating the second anniversary of the 9/11 attacks, President Bush promises that no more troops are needed in Iraq. The 130,000 currently deployed are enough to handle the mission, he says. Besides, “now some 60,000 Iraqi citizens under arms, defending the security of their own country, are now active, with more coming.” The Iraqi Governing Council, which he calls “25 leaders representing Iraq’s diverse people,” is almost ready to take over governance of their country (see September 8, 2003), Bush says. Viewership for the speech is half the number of people who watched Bush’s January State of the Union address (see 9:01 pm January 28, 2003), and polls indicate that support for the Iraqi occupation is sagging among Americans. (Rich 2006, pp. 102-103)

Dick Cheney answering a question posed by Tim Russert on ‘Meet the Press.’Dick Cheney answering a question posed by Tim Russert on ‘Meet the Press.’ [Source: Life]Vice President Dick Cheney appears for an entire hour on NBC’s Meet the Press, and is interviewed by host Tim Russert. Cheney reiterates many of the administration’s claims about Iraq, including the necessity for the invasion, Iraqi WMD, the links between Iraq and al-Qaeda, the assertion that “most” Iraqis have greeted the US “as liberators,” and even the alleged connection between Iraq and the 9/11 attacks (which White House officials quickly repudiate—see September 14, 2003-September 17, 2003). Russert broaches the subject of former ambassador Joseph Wilson’s trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). Russert asks Cheney, “Were you briefed on his findings in February, March of 2002?” Cheney responds: “No.… He never submitted a report that I ever saw when he came back.” Cheney is lying: he was given a copy of the CIA’s report on Wilson’s trip shortly after Wilson’s return from Niger (see March 5, 2002). He does admit to asking questions about the Iraq-Niger claims (see (February 13, 2002)). “And Joe Wilson—I don’t know who sent Joe Wilson,” he says. Despite this statement, Cheney is aware from the report that the CIA sent Wilson to Niger. Russert says, “The CIA did,” and Cheney responds, “Who in the CIA, I don’t know.” Cheney also states flatly that neither he nor his staff ever pressured the CIA to come up with intelligence that would bolster the administration’s rationale for war with Iraq. “I can’t think of a single instance,” he says. “I’m unaware of any where the community changed a judgment that they made because I asked questions.” Cheney is again lying: he and his chief of staff, Lewis Libby, made repeated trips to CIA headquarters that resulted in CIA analysts feeling heavily pressured to produce acceptable results to the White House (see 2002-Early 2003). (Cheney 9/14/2003) In his testimonies before the grand jury investigating the Plame Wilson leak (see March 5, 2004 and March 24, 2004), Libby uses very similar language to Cheney’s in denying his knowledge of Wilson’s trip to Niger (see October 28, 2005). (Jeralyn Merritt 10/31/2005)

According to anonymous current and former intelligence officials, the CIA has carried out an in-house investigation of the damage done to the agency by the exposure of covert agent Valerie Plame Wilson (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, July 12, 2003, and July 14, 2003). That damage is described by the officials as “severe” and potentially far more damaging than has been previously reported, particularly to the agency’s ability to monitor Iran’s nuclear program (see February 13, 2006). The officials say that while CIA Director Porter Goss has not submitted a formal assessment of the damage caused by Plame Wilson’s exposure to Congressional oversight committees, the CIA’s Directorate of Operations did conduct a serious and aggressive investigation. That investigation, a “counter intelligence assessment to agency operations,” was ordered by the agency’s then-Deputy Director of the Directorate of Operations, James Pavitt. Former CIA counterintelligence officer Larry Johnson says that such an assessment would have had to have been carried out: “An exposure like that required an immediate operational and counter intelligence damage assessment. That was done. The results were written up but not in a form for submission to anyone outside of CIA.” A former counterintelligence officer says that the CIA’s reason for not submitting a report to Congress is that its top officials “made a conscious decision not to do a formal inquiry because they knew it might become public. They referred it [to the Justice Department] instead because they believed a criminal investigation was needed” (see September 16, 2003). According to that official, the assessment found the exposure of Plame Wilson caused “significant damage to operational equities.” Another counterintelligence official explains that “operational equities” includes both people and agency operations that involve the “cover mechanism,” “front companies,” and other CIA officers and assets. The assessment also shows that other CIA non-official cover (NOC) officers (see Fall 1992 - 1996) were compromised by Plame Wilson’s exposure. The officials will not say if American or foreign casualties were incurred as a result of her exposure. Several intelligence officials say it will take up to “10 years” for the agency to recover from the damage done by Plame Wilson’s exposure, and to recover its capability to adequately monitor nuclear proliferation on the level it had achieved prior to the White House’s leak of her identity. (Alexandrovna 2/13/2006)

After being asked about the Plame Wilson leak in a press conference (see September 16, 2003), White House press secretary Scott McClellan asks White House deputy chief of staff Karl Rove about his involvement in the leak. McClellan has called questions about Rove’s involvement “ridiculous,” and wants to have Rove confirm McClellan’s public denial. McClellan will later write: “I wanted to make sure I hadn’t climbed out on a limb. Rove had known [conservative columnist Robert] Novak (see July 8, 2003 and July 14, 2003) for years and spoke with him from time to time, and of course he was known for playing hardball politics. But surely even he knew that leaking classified national security information would cross a line.” As McClellan recalls, he asks Rove: “A reporter asked me today if you were one of Novak’s sources and ‘burned the cover’ of [former ambassador Joseph] Wilson’s wife. I said it was totally ridiculous. You weren’t one of Novak’s sources, right?” Rove responds, “Right.” McClellan says, “Just wanted to make sure.” Rove affirms, “You’re right.” (McClellan 2008, pp. 179-180)

The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). (MSNBC 2/21/2007; Washington Post 7/3/2007) The investigation is headed by the Justice Department’s counterespionage chief, John Dion. (Ward 1/2004)
Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” (Associated Press 10/2/2003; Schmitt and Chen 10/2/2003)
CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” (Allen and Priest 9/28/2003)
White House, Democrats Respond - National Security Adviser Condoleezza Rice says that the White House is willing to have the Justice Department investigate the charges. “I know nothing of any such White House effort to reveal any of this, and it certainly would not be the way that the president would expect his White House to operate,” she tells Fox News. “My understanding is that in matters like this, a question like this is referred to the Justice Department for appropriate action and that’s what is going to be done.” However, some Democrats want more. Senator Charles Schumer (D-NY) says the Justice Department should appoint a special counsel to investigate the charges, since the department has an inherent conflict of interest: “I don’t see how it would be possible for the Justice Department to investigate whether a top administration official broke the law and endangered the life of this agent (see July 21, 2003). Even if the department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions.… Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises her safety and the safety of her loved ones, not to mention those in her network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation.” Representative Richard Gephardt (D-MO) says the White House should find out who is responsible for the leak, and Congress should investigate the matter as well. (Allen and Priest 9/28/2003; Fox News 9/29/2003)
FBI Will Acknowledge Investigation - The FBI officially acknowledges the investigation on September 30 (see September 30, 2003), and informs the White House of the investigation. (New York Times 2006)

Shortly after the FBI launches its investigation into the Plame Wilson leak (see September 26, 2003), White House political strategist Karl Rove assures President Bush that he had no involvement in leaking Valerie Plame Wilson’s CIA identity to the press (see July 8, 2003 and 11:00 a.m. July 11, 2003). Rove also assures Bush that he had nothing to do with leaking information to the press concerning Plame Wilson’s husband, war critic Joseph Wilson. He does not tell Bush about his July 2003 conversation with Time magazine reporter Matthew Cooper, in which he identified Plame Wilson as a CIA agent, nor does he tell him that he told Cooper that Plame Wilson had arranged for her husband to go to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). According to a 2005 story in the National Journal, Rove will also fail to disclose this information in his upcoming interviews with FBI investigators. Because of Rove’s assurances, Bush will tell White House press secretary Scott McClellan that he vouches for Rove’s non-involvement in the Plame Wilson affair (see September 29, 2003), and will give special prosecutor Patrick Fitzgerald the same assurances (see June 24, 2004). (Waas 10/7/2005)

The Washington Post publishes an article stating that in July, two White House officials had leaked the name and CIA employment status of Valerie Plame Wilson to at least six reporters, and told the reporters that Plame Wilson had been responsible for sending her husband to Niger (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The article is based on a leak of information by a “senior administration official.” Such an explosive leak is relatively rare from the Bush administration. Reporters Mike Allen and Dana Priest report, “It is rare for one Bush administration official to turn on another.” Asked about the motive for describing the leaks, the senior official says the leaks of Plame Wilson’s identity were “[c]learly… meant purely and simply for revenge.” The leaks were “wrong and a huge miscalculation, because they were irrelevant and did nothing to diminish [Joseph] Wilson’s credibility.” (Allen and Priest 9/28/2003; Leopold 4/14/2006) The “senior administration official” will later be revealed to be State Department official Marc Grossman (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). (Leopold 4/14/2006)
'1x2x6' Theory - Author and blogger Marcy Wheeler, covering the Plame Wilson leak and the subsequent perjury trial of Lewis Libby (see October 28, 2005) for the blogs The Next Hurrah and later Firedoglake, later writes that the Allen/Priest report states the “1x2x6 theory” of the leak, in which one anonymous source tells Allen and Priest that two senior White House officials called at least six Washington reporters to discuss Plame Wilson’s CIA status. Wheeler will note that one of those Washington reporters, Robert Novak, has denied being the White House’s “willing pawn” who leaked Plame Wilson’s identity when the other reporters refused (see July 14, 2003, September 29, 2003, and October 1, 2003). Wheeler will write, “Novak’s October 1 column was designed to refute the incredibly damaging quotes from the 1x2x6 source that clearly indicated the leak was planned.” She will speculate that the single anonymous source for Allen and Priest may be Secretary of State Colin Powell, but she will state that she is by no means sure, and has no proof of her speculation. (Marcy Wheeler 8/29/2006)
Poor Reasoning - Wilson will later write that he is pleased to learn that “there was at least one Bush official who believed the conduct of his colleagues was ‘wrong.’ I was disappointed to read that he or she evidently judged it so not because it was a betrayal of national security but because it was beside the point and had done nothing to damage my credibility. Would the leak have been okay if it had really impeached my character and sent me skittering into some dungeon reserved for critics of the Bush administration?”
'Smear Campaign' Readied Well before Wilson Published Op-Ed - Wilson muses over the implications of the article. He concludes that if two White House officials had conducted such a large media campaign, “there must have been a meeting to decide on the action to take” (see June 2003). And because of the timing, the officials involved must have had the information on Plame Wilson “well before the appearance of my article on Sunday, July 6” (see July 6, 2003). How did the two officials learn of his wife’s status? he wonders. Was there a breach of security? Was the revelation of his wife’s identity inadvertent or deliberate? “Whatever the answers to these questions,” he will write, “I knew for certain that the initial disclosure of her status, whether deliberate or inadvertent, was the first damaging act, before the calls to all the journalists were placed.… [A] plan to attack me had been formed well before [the publication of his editorial]. It was cocked and ready to fire as soon as I crossed the trip wire and wrote about what I hadn’t found in Niger. My [editorial] triggered the attack, but I was not the only target of it. Now my wife was in their sights, as well. What then happened was not a case of the loose lips of an overly ardent junior defender of the administration flapping to one reporter, but an organized smear campaign directed from the highest reaches of the White House. A group of supposed public servants, collecting salaries paid by American taxpayers and charged with defending the national security of the country, had taken it upon itself to attack me by exposing the identity of a member of the CIA’s clandestine service, who happened to be my wife. Revenge and intimidation had been deemed more important than America’s national security for these co-conspirators.” (Wilson 2004, pp. 385-387)

Conservative columnist Robert Novak, who first publicly outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), denies being fed the information of Plame Wilson’s identity by White House officials (see June 13, 2003, July 7, 2003, July 8, 2003, and Before July 14, 2003). The subject arose when he was inquiring about her husband’s trip to Niger (see July 6, 2003), Novak says. Shortly after the leak, he said of Plame Wilson’s identity, “I didn’t dig it out, it was given to me” by White House officials (see July 21, 2003). However, Novak’s story is now quite different. He says of the outing: “Nobody in the Bush administration called me to leak this. In July, I was interviewing a senior administration official on Ambassador [Joseph] Wilson’s report when he told me the trip was inspired by his wife, a CIA employee working on weapons of mass destruction. Another senior official told me the same thing. When I called the CIA in July, they confirmed Mrs. Wilson’s involvement in a mission for her husband on a secondary basis… they asked me not to use her name, but never indicated it would endanger her or anybody else. According to a confidential source at the CIA, Mrs. Wilson was an analyst, not a spy, not a covert operative (see Before July 14, 2003 and February 2004), and not in charge of undercover operatives. So what is the fuss about, pure Bush-bashing?” (Waas 2/12/2004; New York Times 2006; Waas 5/25/2006) The same day that Novak issues his denial, he tells White House political strategist Karl Rove, one of his sources, that he will protect Rove from the Justice Department’s investigation into the leak (see September 29, 2003).

Ed Gillespie.Ed Gillespie. [Source: ABC News]Republican National Committee (RNC) chairman Ed Gillespie tells CNN that former ambassador and administration critic Joseph Wilson contributed money to the presidential campaigns of Democratic contenders Al Gore and John Kerry. Gillespie tells CNN interviewer Judy Woodruff: “So I think there is a lot more to play in here. There is a lot of politics. The fact is that Ambassador Wilson is not only a, you know—a former foreign service officer, former ambassador, he is himself a partisan Democrat who is a contributor and supporter of Senator Kerry’s presidential campaign.… [Wilson] has a partisan history here, as someone who supports John Kerry… This is a guy who’s a maxed out contributor to John Kerry, who has spoken to organizations that are seeking to defeat the president of the United States.” Wilson will later write, “The point he was trying to make, I suppose, was that it was justifiable for a Republican administration to expose the identity of an undercover CIA officer, if she happened to have a husband who had contributed to Democratic campaigns” (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003). Wilson has also contributed campaign donations to Republicans, including the 2000 presidential campaign of George W. Bush. Hours after Gillespie’s CNN comments, Wilson sees Gillespie in a CNBC “green room,” and asks him if he knows about these contributions to Republicans. Gillespie admits that he does, saying, “They are part of the public record.” Wilson will later write, “So he knew but decided not to disclose all the information he had about them.” Gillespie will later falsely claim that he acknowledged Wilson’s contributions to both parties during his CNN appearance. (CNN 9/30/2003; Wilson 2004, pp. 389-390)

Syndicated columnist Robert Novak, who publicly outed former ambassador Joseph Wilson’s wife Valerie Plame Wilson as a CIA officer in one of his columns three months earlier (see July 14, 2003), writes that he is now forced to revisit that column since “repercussions” from it “have reached the front pages of major newspapers and led off network news broadcasts.” Today’s column, he writes, is to clarify his actions and those of the Bush White House, which have been “distorted” in media reports. Novak says he “did not receive a planned leak” (see Late June 2003, July 8-10, 2003, and July 8, 2003). He asserts that “the CIA never warned me that the disclosure of Wilson’s wife working at the agency would endanger her or anybody else” (see Before July 14, 2003 and September 27, 2003). And, Plame Wilson’s identity “was not much of a secret” (see Before July 14, 2003).
Husband the Real Issue, Novak Claims - Novak attempts to turn the issue around and make Joseph Wilson and the Democrats the focus of the controversy: “Wilson, after telling me in July that he would say nothing about his wife, has made investigation of the leak his life’s work—aided by the relentless Sen. Charles Schumer of New York. These efforts cannot be separated from the massive political assault on President Bush.” Novak points out that Wilson, whom he falsely describes as a former “high-ranking official in President Bill Clinton’s National Security Council,” is now “a vocal opponent of President Bush’s policies in Iraq after contributing to Al Gore in the last election cycle and John Kerry in this one.” (Novak fails to note that Wilson gave campaign contributions to both Republicans and Democrats—see September 30, 2003). Why, Novak asks, was such a “partisan Democrat” given the assignment to investigate the Iraq-Niger uranium claims (see July 6, 2003)?
Again Asserts Wife Sent Wilson to Niger - Novak says that according to “a senior administration official,” Wilson was sent to Niger “by the CIA’s counterproliferation section at the suggestion of one of its employees, his wife. It was an offhand revelation from this official [later revealed as Deputy Secretary of State Richard Armitage—see Late June 2003 and July 8, 2003], who is no partisan gunslinger.” Novak called a second official, later confirmed as White House political adviser Karl Rove (see July 8, 2003), who said, “Oh, you know about it.” Novak calls reports that White House officials “failed to plant this story with six reporters and finally found me as a willing pawn is simply untrue.” He acknowledges being asked not to reveal Plame Wilson’s identity by the CIA official “designated to talk to me,” but denies being told that others might be harmed or intelligence networks might be damaged by the revelation. As for Plame Wilson’s identity being “no big secret,” he asserts, falsely, that Republican activist Clifford May knew of her identity before his column appeared, and, according to May, her CIA status was “common knowledge” (see July 12, 2004). Novak also notes that “Valerie Plame” is listed as Joseph Wilson’s wife in her husband’s “Who’s Who in America” entry, though he fails to note that the entry does not identify her as a CIA employee. He goes on to say that the CIA did not describe her as an “operative,” but a mere “employee” who is “covered”—working under the auspices of another agency. He writes, again falsely, that Plame Wilson “has been an analyst, not in covert operations” (see Fall 1992 - 1996 and April 2001 and After). Finally, Novak writes that the Justice Department investigation was not, in fact, requested by CIA Director George Tenet (see September 26, 2003). The request for an investigation was routine, he claims, one of around one such request a week. (Novak 10/1/2003)

Syndicated columnist Robert Novak, who has already outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), now outs the CIA front firm that was her cover. In a column reporting that Plame Wilson and her husband Joseph Wilson made campaign donations of $1,000 each to Democratic presidential candidate Al Gore in 1999, Novak notes that Plame Wilson, under her married name of Valerie E. Wilson, “identified herself as an ‘analyst’ with ‘Brewster Jennings & Associates.’ No such firm is listed anywhere, but the late Brewster Jennings was president of Socony-Vacuum oil company a half-century ago. Any CIA employee working under ‘non-official cover’ always is listed with a real firm, but never an imaginary one. Sort of adds to the little mystery.” Novak fails to mention that Joseph Wilson also donated $1,000 to the campaign of George W. Bush. He also fails to note that he has indirectly admitted that he knew Plame Wilson was an undercover CIA agent. (Novak 10/4/2003; Pincus and Allen 10/4/2003) In 2005, Joseph Wilson will tell a reporter that Novak’s outing of Brewster Jennings indicates a “pattern of disclosure,” presumably indicating that Novak’s revealing of state secrets may rise to the level of criminal behavior. (Alexandrovna 7/13/2005)

Salon columnist and media observer Eric Boehlert notes that while the White House has specifically, and emphatically, denied Karl Rove leaked the CIA identity of Valerie Plame Wilson (see September 29, 2003), it has not yet given such coverage to Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney. Circumstantial evidence that the White House may be leaving Libby to, in Boehlert’s words, “twist in the wind” is mounting. The New York Daily News has reported that “Democratic Congressional sources said they would like to hear from… Lewis Libby.” On MSNBC, an administration critic, former counterterrorism official Larry Johnson, who says he knows who the leaker is, would not deny it was Libby. And Senator Chuck Hagel has implied that the leak originated from the vice president’s office when he said that President Bush needs to sit down with Cheney and “ask… what he knows about it.” A former senior CIA officer says, “Libby is certainly suspect No. 1.” Even Cheney’s own spokeswoman, Cathie Martin, refuses to deny Libby’s involvement, saying only, “This is a serious matter and we shouldn’t be speculating in light of an ongoing investigation.” Boehlert notes that conservative columnist Robert Novak, who outed Plame Wilson in one of his columns (see July 14, 2003), has dropped several hints about his primary source that point (inconclusively) to Libby. Novak’s assertion that his source is “no partisan gunslinger” (see October 1, 2003) is a better characterization of Libby than of Rove. Since Novak has referred to his source as “he,” the source cannot be National Security Adviser Condoleezza Rice or any other White House female. Most interestingly, Boehlert notes, Novak was never looking for Plame Wilson’s identity when he spoke with his sources in July 2003. Rather, he wanted to know why former ambassador Joseph Wilson was chosen to go to Niger (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). The logical place for Novak to begin such an inquiry, Boehlert writes, was Cheney’s office. Wilson believed Cheney was primarily, if indirectly, responsible for sending him to Niger (see (February 13, 2002)). Time magazine ran a story that revealed Libby was talking to reporters about Wilson (see July 17, 2003). And Boehlert notes other, less significant clues that add incrementally to the evidence showing that Libby might well have been Novak’s source. Finally, Boehlert comes back to Larry Johnson. Johnson confirmed for PBS that Plame Wilson was an undercover CIA agent and not merely an “analyst,” as Novak has asserted. He recently said flatly on MSNBC, “I know the name of the person that spoke with Bob Novak,” and that person works “at the White House,” and more specifically, “in the Old Executive Office Buildings.” Cheney’s office is located inside the Old Executive Office Building. Johnson was asked by co-host Pat Buchanan: “Scooter Libby. Now, is Scooter Libby the name you heard?” Johnson replied, “I’m not going to comment on that.” (Boehlert 10/3/2003) The day after Boehlert’s column appears, White House press secretary Scott McClellan gives reporters the same assurance about Libby that he gave to Rove (see October 4, 2003).

Through White House spokesmen, two senior Bush officials deny being involved in the Valerie Plame Wilson identity leak (see July 14, 2003 and July 17, 2003). Neither Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, nor Elliott Abrams, the director of Middle East affairs for the National Security Council, were involved in the leak, according to spokesmen; the same claim has been made for White House deputy chief of staff Karl Rove. According to press secretary Scott McClellan, Libby “neither leaked the classified information, nor would he condone it.” The disclaimers are in response to reporters’ questions. (New York Times 10/5/2003) In 2007, the prosecution in the Libby perjury trial (see January 16-23, 2007) will enter into evidence a page of undated notes taken by Libby around this time. The notes are talking points for McClellan, and indicate that McClellan should use lines such as “I’ve talked to Libby. I’ve said it was ridiculous about Karl and it is ridiculous about Libby. Libby was not the source of the Novak story. And he did not leak classified information.” Libby’s notes also advise McClellan to say something like, “Not going to protect one staffer & sacrifice the guy the Pres that was asked to stick his neck in the meat grinder because of the incompetence of others.” Cheney has crossed out the words “the Pres,” obviously not wanting McClellan to reference President Bush (see October 4, 2003). (Office of the Vice President 9/2003 pdf file; National Public Radio 3/7/2007)

Aly Colon, a communications manager and columnist for the Poynter Institute of Journalism, writes a cautionary column regarding Robert Novak’s outing of covert CIA official Valerie Plame Wilson (see July 14, 2003). Colon writes: “There’s an old adage that claims journalists are only as good as the sources that feed them. Here’s a new one: Journalists are only as credible as the ethics that guide them.” Colon writes that Novak should have been more “rigorous” in his “decision-making process” that led him to out a covert CIA agent. Novak’s decision to out a person he clearly knew was a covert CIA agent, even after being asked not to by CIA officials on the grounds that blowing her identity would imperil US intelligence operations and assets (see July 8-10, 2003, Before July 14, 2003, July 21, 2003, and October 3, 2003), risked violating fundamental ethical principles of journalism. Novak is bound to report the truth as fully and independently as possible, but he is also bound to minimize harm. Colon writes that Novak should have more fully considered the ramifications of Plame Wilson’s outing, how important her identity was to his story, and what alternatives he had besides identifying her as a covert CIA agent. Novak also failed to adequately consider his sources’ motivations (see July 8, 2003). Colon concludes: “By disclosing the identity of a CIA operative… Novak provoked a Justice Department investigation of his sources (see September 26, 2003) and raised serious questions about his ethical conduct. Taking the time to answer a few ethical questions before publication can sometimes protect a reporter from having to answer more questions later.” (Colon 10/6/2003) In a subsequent interview, Colon will say, “Any time a journalist purposely deceives his readers, he undermines the newsperson’s or [his or her own] news organization’s credibility” and “threatens the trust between the reader and reporter.” (Waas 2/12/2004)

President Bush says offhandedly of the Plame Wilson leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003) that Washington “is a town full of people who like to leak information. And I don’t know if we’re going to find out the senior administration official.… You tell me: How many sources have you had that’s leaked information, that you’ve exposed or had been exposed? Probably none.” Many find Bush’s insouciance astonishing, considering the lengths his administration has gone to in the past to punish leakers. In response, Senator Charles Schumer (D-NY) calls for a special counsel to investigate the leak. Schumer also asks for an investigation of the three-day delay between the original announcement of the investigation and the instructions to the White House staff to preserve all relevant records (see September 29-30, 2003), and the possible conflict of interest concerning Attorney General John Ashcroft, who had once employed White House political strategist Karl Rove, named as a likely source of the leak (see September 30, 2003). (Ward 1/2004; Rich 2006, pp. 102) Plame Wilson’s husband, former ambassador Joseph Wilson, will later write that he was “particularly offended” when Bush told reporters he wanted to know the truth, but then placed the responsibility upon journalists themselves to find the source of the leak. Wilson will reflect, “His lack of genuine concern stunned and disappointed me.” (Wilson 2004, pp. 397)

White House political strategist Karl Rove testifies under oath to FBI investigators probing the Plame Wilson identity leak (see September 26, 2003). Rove says he did not speak to any journalists about Valerie Plame Wilson until after columnist Robert Novak outed her in his column (see July 14, 2003). Instead, Rove says, he circulated and discussed potentially damaging information about Plame Wilson with his colleagues within the White House as well as with outside political consultants and journalists. But he insists he was not the official who leaked Plame Wilson’s name to Novak. He only circulated that information about her after Novak’s column appeared, he says. He also claims that such dissemination was a legitimate means to counter criticism from Plame Wilson’s husband, Joseph Wilson.
Lying under Oath - Rove is lying about his role in the exposure of Plame Wilson to Novak and other journalists (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Rove and his lawyer, Robert Luskin, will later claim that Rove “forgot” about his discussions with at least one of the above journalists, Time’s Matthew Cooper, until he found an e-mail confirming their conversation (see After 11:07 a.m. July 11, 2003 and March 1, 2004). For reasons that are unclear, the e-mail in question does not turn up in an initial search for all documents and materials pertaining to the FBI investigation (see September 29-30, 2003). Additionally, Rove’s assistant, Susan Ralston, will later testify that Rove asked her not to log the call from Cooper (see July 29, 2005). (Waas 3/8/2004; Leopold 10/31/2005; Leopold 12/9/2005; Waas 5/25/2006)
Fails to Disclose 'Protection' Conversation with Reporter - Rove also fails to disclose a conversation with Novak, in which Novak promised to “protect” him during the investigation (see September 29, 2003). Rove was a source for Novak, who revealed Plame Wilson’s identity in his column (see July 14, 2003). (Waas 5/25/2006)
Claims to Have Learned Plame Wilson Identity from Reporter - During his testimony, Rove claims that he learned of Plame Wilson’s identity from a reporter, though he cannot remember who that reporter was. (Waas 7/19/2005)
Discloses Names of Six White House Participants in Wilson Smear Campaign - Rove tells the FBI the names of at least six other White House officials involved in the smear campaign against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). He says he and his fellow White House officials believed the campaign was justified by Wilson’s “partisan” attacks on the White House’s Iraq policies. (Waas 3/8/2004)

Knight Ridder reporter Warren Strobel publishes an analysis of the potential damage the Plame Wilson identity leak (see Fall 1992 - 1996 and July 14, 2003) has caused to the CIA and to US national security. According to current and former CIA officials interviewed by Strobel, revealing Plame Wilson’s identity “may have damaged US national security to a much greater extent than generally realized.” Former CIA and State Department official Larry Johnson says flatly, “At the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Strobel notes that Plame Wilson’s training cost the US “millions of dollars and requires the time-consuming establishment of elaborate fictions, called ‘legends,’ including in this case the creation of a CIA front company that helped lend plausibility to her trips overseas.” Conservative columnist Robert Novak not only outed Plame Wilson, but her front company, Brewster Jennings (see October 2, 2003), a revelation that former CIA counterterrorism chief Vincent Cannistraro says puts other CIA officers at risk as well (see October 3, 2003). Plame Wilson’s career, as a specialist in Iraqi WMD, is now over, costing the agency her expertise, knowledge, and, perhaps most irreplaceably, the network of operatives and sources she has built up over the years. Former CIA agent Jim Marcinkowski, now a prosecutor in Michigan, says: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” Johnson calls himself “furious, absolutely furious” at the security breach. (Strobel 10/11/2003) According to anonymous intelligence officials, the CIA performed an “aggressive,” in-house assessment of the damage done by her exposure, and found it to have been “severe” (see Before September 16, 2003). It is unlikely that Strobel is aware of this assessment.

The Washington Post publishes the second of its “1x2x6” articles (see September 28, 2003), based on the idea that one anonymous whistleblower says two White House officials have leaked the identity of CIA official Valerie Plame Wilson to six journalists. (The “1x2x6” moniker will be coined in 2006 by, among others, author and blogger Marcy Wheeler.) The article focuses on the FBI’s scrutiny of the events of June 2003, “when the CIA, the White House, and Vice President Cheney’s office first were asked about former ambassador Joseph C. Wilson IV’s CIA-sponsored trip to Niger” (see February 21, 2002-March 4, 2002). The FBI “investigators are examining not just who passed the information to [conservative columnist Robert] Novak (see July 14, 2003) and other reporters but also how Plame [Wilson]‘s name may have first become linked with Wilson and his mission, who did it, and how the information made its way around the government.” Administration sources tell the Post that the officials who discussed Plame Wilson with reporters (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003) were not trying to expose her as a CIA official so much as they were trying to imply that she sent her husband on a “junket” to Niger and thusly discredit Wilson. “The officials wanted to convince the reporters that he had benefited from nepotism in being chosen for the mission,” the Post reports. The administration tried well before the Novak column to convince journalists that Wilson’s findings in Niger (see July 6, 2003) were not important (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). The anonymous “1x2x6” source stands by the claims he or she made for the previous Post article. (Allen and Pincus 10/12/2003; Marcy Wheeler 8/29/2006) Three years later, Novak will identify White House press aide Adam Levine as the “1x2x6” source (see October 16, 2006).

Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). (Office of the Vice President 10/14/2003 pdf file; US District Court for the District of Columbia 10/28/2005 pdf file; US District Court for the District of Columbia 10/30/2006 pdf file; MSNBC 2/21/2007) Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). (US District Court for the District of Columbia 10/28/2005 pdf file; Waas 6/8/2006; US District Court for the District of Columbia 10/30/2006 pdf file)

An internal CIA memo detailing the January 2002 meeting in which former ambassador Joseph Wilson was chosen to go to Niger to find out the truth behind the Iraq-Niger uranium allegations (see February 13, 2002) is published by the Wall Street Journal. The memo is due to be turned over to the Department of Justice along with thousands of other documents as part of its investigation into the outing of Wilson’s wife, CIA agent Valerie Plame Wilson (see September 26, 2003). The document shows that while Plame Wilson was involved in the decision to send her husband to Niger, she was not responsible for making the final decision, a conclusion already verified by CIA officials (see July 22, 2003). (Cloud 10/17/2003)

Cathie Martin, the communications director for Vice President Dick Cheney, is interviewed by the FBI concerning the Plame Wilson identity leak. Little information about her interview is made public, but during the Lewis Libby perjury trial, Martin will be asked about a telephone call between Libby and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Martin says she was on a call with someone else but was able, to an extent, to follow Libby’s side of the conversation. She does not remember Libby saying that some “reporters are saying,” the words Libby used to characterize his knowledge of Valerie Plame Wilson’s CIA identity. (Marcy Wheeler 1/29/2007) She does tell the agents that she believes she spoke to Cheney and Libby about Plame Wilson sometime around July 9. Martin has been aware of Plame Wilson’s CIA status since at least early June (see 5:25 p.m. June 10, 2003). (Marcy Wheeler 1/25/2007)

Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” (Cavan et al. 7/18/2005; Wilson 2007, pp. 382-386)

Former senior Watergate counsel Samuel Dash (see March 25, 1973) writes that if Bush administration officials leaked the identity of covert CIA officer Valerie Plame Wilson to the press (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), “they may have committed an act of domestic terrorism as defined by the dragnet language of the Patriot Act their boss wanted so much to help him catch terrorists.” Dash notes that the Patriot Act defines domestic terrorism as “acts dangerous to human life that are a violation of the criminal laws of the United States or of any state” that “appear to be intended to intimidate or coerce a civilian population.” In Dash’s estimation, the Plame Wilson leak meets this criteria. It put Plame Wilson’s life at risk along with “her contacts abroad whom terrorists groups can now trace.” It is a clear violation of US criminal law. And its intent was to “intimidate or coerce a civilian population”—to intimidate Plame Wilson’s husband, former ambassador Joseph Wilson, into silence, along with “all critics of the administration” who now know “they too can be destroyed if they persist.” Dash notes that the Patriot Act “distorts the criminal law, and its dragnet provisions threaten the liberty of too many innocent people,” so such an accusation—the Bush administration committed an act of domestic terrorism—may be an overstatement of the realities of the case. However, Dash continues, interpreting the law is irrelevant. The administration’s actions under the existing law are the issue. Dash writes that the Justice Department faces a dilemma: “Can they treat this investigation differently from any other terrorist investigation? Under the Patriot Act, they have acquired expanded powers to wiretap and search. Will they place sweeping and roving wiretaps on White House aides? Will they engage in sneak, secret searches of their offices, computers, and homes? Will they arrest and detain incommunicado, without access to counsel, some White House aides as material witnesses?” The Justice Department will not do so, Dash writes, nor should they: “I hope they would not employ such police-state tactics. I had hoped they would not use them against ordinary American citizens, but the attorney general has done so, insisting he needs to use these powers to protect our safety. Then why are they not equally needed in a domestic terrorism investigation of White House aides?” Dash concludes that whether or not the leak “constitutes an act of domestic terrorism under the Patriot Act, it was certainly an outrageous betrayal of trust and an arrogant display of power by officials charged with protecting our national security and, on behalf of the president, assuring that the laws are faithfully executed.” (Dash 10/28/2003; Wilson 2004, pp. 399-401)

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). (MSNBC 2/21/2007) During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). (Waas 2/2/2006)

The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. (Legal Information Institute 12/2003; Oyez (.org) 2011) The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. (Legal Information Institute 12/2003) McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. (Kirkpatrick 1/25/2010) The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

Patrick Fitzgerald.Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. (Office of the Deputy Attorney General 12/30/2003 pdf file; Margasak 12/30/2003; Lichtblau 12/31/2003)
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” (Lichtblau 12/31/2003)
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. (Wilson 2007, pp. 174-175)

Judith Regan (left) and Roger Ailes.Judith Regan (left) and Roger Ailes. [Source: Business Insider]Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), becomes embroiled in a legal conflict involving former New York Police Commissioner Bernard Kerik and his mistress, Judith Regan, a book editor for another arm of Fox News’s parent company News Corporation (NewsCorp). Ailes learns that Kerik has commandeered an apartment overlooking the site of the devastated World Trade Center, intended for the use of rescue and recovery workers, as a “love nest” for his trysts with Regan. Ailes is a close friend and political ally of former New York Mayor Rudolph Giuliani, who recommended Kerik to head the Department of Homeland Security. Kerik is already being pilloried in the press for a number of other ethical and perhaps even criminal activities, and is being vetted for the DHS slot. Ailes and Giuliani do not want the Kerik-Regan affair, and the commandeered apartment, to come to the public’s notice. Court documents later say that Ailes “told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign.” Ailes “advised Regan to lie to, and to withhold information from, [federal] investigators concerning Kerik.” The attempted cover-up will later be brought to light when NewsCorp fires Regan in 2006, and she brings a wrongful-termination suit that secures a $10.75 million settlement. Regan will not identify Ailes by name, only as a “senior executive” for NewsCorp, but other documents accidentally made public will reveal Ailes’s identity. Reportedly, Regan has her telephone conversations with Ailes on tape. NewsCorp will later claim that Regan has sent it a letter stating that “Mr. Ailes did not intend to influence her with respect to a government investigation.” Regan’s lawyer will say that NewsCorp’s claim does not reflect the entirety of Regan’s letter. Kerik himself will withdraw his name from consideration, and will later be sentenced to four years in prison for tax fraud. (Chait 2/24/2011; Martinez 2/24/2011; Buettner 2/25/2011; Sherman 5/22/2011)

Special counsel Patrick Fitzgerald informs conservative columnist Robert Novak, the author of the column that exposed the CIA identity of Valerie Plame Wilson (see July 14, 2003), that he intends to bring waivers of journalistic confidentiality (see January 2-5, 2004) from Novak’s sources for the column, Deputy Secretary of State Richard Armitage (see July 8 or 9, 2003) and White House political strategist Karl Rove (see July 8, 2003), to a meeting with Novak. Novak will later write, “In other words, the special prosecutor knew the names of my sources.” (Novak 7/12/2006) Novak will speak three times to Fitzgerald’s investigators (see January 14, 2004, February 5, 2004, and September 14, 2004).

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). Novak has already discussed some of his knowledge of Plame Wilson’s covert CIA status with FBI investigators (see October 7, 2003). As with the FBI session, the Fitzgerald interview takes place at the law offices of Swidler Berlin, the firm representing Novak. Fitzgerald comes to the interview with waivers (see January 2-5, 2004) from Novak’s sources (see January 12, 2004) for his column outing Plame Wilson—White House political strategist Karl Rove and Deputy Secretary of State Richard Armitage (see July 8, 2003), as well as a waiver from CIA official Bill Harlow, who asked Novak not to divulge Plame Wilson’s identity when Novak called him with the information from his other sources that Plame Wilson was a CIA official (see Before July 14, 2003). Novak is uncomfortable in accepting that Fitzgerald’s waivers make it ethically acceptable for him to disclose the three men as his sources, but his lawyer, James Hamilton, says he will almost certainly lose a court challenge as to their propriety. Novak will later write, “I answered questions using the names of Rove, Harlow, and my primary source,” which at the time of his writing had not yet been revealed as Armitage. (Novak 7/12/2006) Novak will be questioned again several weeks later (see February 5, 2004).

Cathie Martin, the communications director for Vice President Dick Cheney, gives a statement for the Plame Wilson leak investigation. The contents of Martin’s statement are not made public. Martin testified to the FBI (see October 22, 2003), and did not verify that Cheney’s chief of staff, Lewis Libby, had spoken to reporters about Valerie Plame Wilson in her hearing (see 2:24 p.m. July 12, 2003). She has known about Plame Wilson’s CIA status since June 2003 (see 5:25 p.m. June 10, 2003). (Marcy Wheeler 1/25/2007)

George W. Bush gives the third state of the union address of his presidency. He states that the Iraq Survey Group found “weapons of mass destruction-related program activities” in Iraq and claims that had his administration “failed to act, the dictator’s weapons of mass destruction program would continue to this day.” (Drogin and Goetz 11/20/2005) Throughout his address, Bush plays down the WMD issue, which had driven his rhetoric before the invasion (see 9:01 pm January 28, 2003). Now he focuses on the “liberation” of Iraq. He also challenges those who, like Democratic presidential frontrunner John Kerry (D-MA), advocate using law enforcement methodologies over military methods to combat terrorism. “I know that some people question if America is really in a war at all,” he says. “After the chaos and carnage of September the 11th, it is not enough to serve our enemies with legal papers.” Author and media critic Frank Rich will later write that this speech is the opening salvo in the Republicans’ strategy of “characterizing political opponents as less manly than the Top Gun president.” (Rich 2006, pp. 114)

The federal grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity subpoenas a large amount of White House records, including Air Force One telephone logs from the week before Plame Wilson’s public outing (see July 14, 2003); records created in July 2003 by the White House Iraq Group (WHIG—see August 2002), a White House public relations group tasked with crafting a public relations strategy to market the Iraq war to the public; a transcript of press secretary Ari Fleischer’s press briefing in Nigeria currently missing from the White House’s Web site (see 3:20 a.m. July 12, 2003); a list of guests at former President Gerald Ford’s July 16, 2003 birthday reception; and records of Bush administration officials’ contacts with approximately 25 journalists and news media outlets. The journalists include Robert Novak, the columnist who outed Plame Wilson, Newsday reporters Knut Royce and Timothy Phelps (see July 21, 2003), five Washington Post reporters including Mike Allen and Dana Priest (see September 28, 2003 and October 12, 2003), Time magazine’s Michael Duffy (see 11:00 a.m. July 11, 2003), NBC’s Andrea Mitchell (see July 8, 2003 and October 3, 2003), MSNBC’s Chris Matthews (see July 21, 2003), and reporters from the New York Times, Wall Street Journal, and the Associated Press. The subpoenas will be accompanied by a January 26 memo from White House counsel Alberto Gonzales that will set a January 29 deadline for production of the subpoenaed documents and records. Gonzales will write that White House staffers will turn over records of any “contacts, attempted contacts, or discussion of contacts, with any members of the media concerning [former ambassador Joseph] Wilson, his trip, or his wife, including but not limited to the following media and media personnel.” White House spokeswoman Erin Healy later says, “The president has always said we would fully comply with the investigation, and the White House counsel’s office has directed the staff to fully comply.” White House press secretary Scott McClellan will say: “It’s just a matter of getting it all together.… At this point, we’re still in the process of complying fully with those requests. We have provided the Department of Justice investigators with much of the information and we’re continuing to provide them with additional information and comply fully with the request for information.” (US District Court for the District of Columbia 1/22/2004; US District Court for the District of Columbia 1/22/2004; Brune 3/5/2004; Allen 3/6/2004)

David Kay quits his job as head of the Iraq Survey Group. (Drogin and Goetz 11/20/2005) He is being replaced by former senior UN weapons inspector Charles Duelfer, who recently said that the chances of Iraq being found to possess chemical or biological weapons is “close to nil.” Kay gives no reason for his resignation, but sources in Washington say he is resigning for both personal reasons and because of his disillusionment with the weapons search. Kay says he does not believe Iraq possesses any major stockpiles of chemical or biological weapons, and he does not believe it has had any such weapons since the 1991 Gulf War. “I don’t think they existed,” he says. “What everyone was talking about is stockpiles produced after the end of the last Gulf War and I don’t think there was a large-scale production program in the 90s. I think we have found probably 85 percent of what we’re going to find.” (BBC 1/24/2004) He adds: “I think they gradually reduced stockpiles throughout the 1990s. Somewhere in the mid-1990s, the large chemical overhang of existing stockpiles was eliminated.” (Risen 1/25/2009) In 2005, Kay will say: “My view was that the best evidence that I had seen was Iraq indeed had weapons of mass destruction. It turns out we were all wrong, and that is most disturbing. If the intelligence community had said there were no weapons there, would the policymakers have decided for other reasons, regime change, human rights, whatever, to go to war? All you can say is we’ll never know, because in fact the system said, apparently, it’s a slam dunk, there are weapons there.” (CNN 8/18/2005)
Misled by Internal Duplicity of Iraqi Scientists, Failure of Fundamental Intelligence Gathering and Analysis - Kay says that the CIA and other US intelligence agencies were misled by duplicitous Iraqi scientists, who, in the words of New York Times reporter James Risen, “had presented ambitious but fanciful weapons programs to [Saddam] Hussein and had then used the money for other purposes,” and by the agencies’ failure to realize that Iraq had essentially abandoned its WMD programs after the 1991 war; what remained of the Gulf War-era WMD stockpiles was destroyed by US and British air strikes in 1998 (see December 16-19, 1998). According to Kay, Iraqi scientists realized they could go directly to Hussein and present fantastic plans for weapons programs, and receive approval and large amounts of money. Whatever was left of an effective weapons capability was quickly turned into corrupt money-raising schemes by scientists skilled in the arts of lying and surviving in Hussein’s autocratic police state. “The whole thing shifted from directed programs to a corrupted process,” Kay says. “The regime was no longer in control; it was like a death spiral. Saddam was self-directing projects that were not vetted by anyone else. The scientists were able to fake programs.” Kay adds that in his view the errors committed by the intelligence agencies were so grave that he recommends those agencies revamp their intelligence collection and analysis efforts. Analysts have come to him, he says, “almost in tears, saying they felt so badly that we weren’t finding what they had thought we were going to find—I have had analysts apologizing for reaching the conclusions that they did.” The biggest problem US agencies had, Kay says, was their near-total lack of human intelligence sources in Iraq since the UN weapons inspectors were withdrawn in 1998. (Risen 1/25/2009)
'Rudimentary' Nuclear Weapons Program - Iraq did try to restart its moribund nuclear weapons program in 2000 and 2001, Kay says, but that plan never got beyond the earliest stages. He calls it “rudimentary at best,” and says it would have taken years to get underway. “There was a restart of the nuclear program,” he notes. “But the surprising thing is that if you compare it to what we now know about Iran and Libya, the Iraqi program was never as advanced.”
No Evidence of Attempt to Purchase Nigerien Uranium - Kay says that his team found no evidence that Iraq ever tried to obtain enriched uranium from Niger, as has frequently been alleged (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). “We found nothing on Niger,” he says. (Risen 1/25/2009)
Democrats: Proof that Administration 'Exaggerated ... Threat' - Senator John Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, says of Kay’s resignation: “It increasingly appears that our intelligence was wrong about Iraq’s weapons, and the administration compounded that mistake by exaggerating the nuclear threat and Iraq’s ties to al-Qaeda. As a result, the United States is paying a very heavy price.” Rockefeller’s counterpart in the House of Representatives, Jane Harman (D-CA), says Kay’s comments indicate a massive intelligence failure and cannot be ignored. (BBC 1/24/2004)
Asked to Delay Resignation until after State of Union Address - In 2005, Kay will reveal that he was asked by CIA Director George Tenet to hold off on his resignation. According to Kay, Tenet told him: “If you resign now, it will appear that we don’t know what we’re doing. That the wheels are coming off.” Kay will say, “I was asked to not go public with my resignation until after the president’s State of the Union address which—this is Washington and in general—I’ve been around long enough so I know in January you don’t try to get bad news out before the president gives his State of the Union address.” Kay does not say exactly when Tenet asked him to delay his resignation. (CNN 8/18/2005)

Two government officials testify that they asked conservative columnist Robert Novak not to publish the name of covert CIA official Valerie Plame Wilson in his column (see Before July 14, 2003 and July 14, 2003). The officials’ names are not made public. Testifying before the grand jury investigating the Plame Wilson leak (see January 2004), the officials say that before Novak printed his column, they warned him that by publishing her name and CIA affiliation, he risked jeopardizing her ability to engage in covert work, damaging ongoing intelligence operations, and hurting sensitive overseas intelligence assets. Novak has claimed that CIA officials told him that Plame Wilson was nothing more than an analyst, and, as reporter Murray Waas writes, “the only potential consequences of her exposure as a CIA officer would be that she might be inconvenienced in her foreign travels.” The statements of the two government officials contradict Novak’s version of events, and the two officials call his characterizations false and misleading. According to the officials, Novak was told that Plame Wilson’s work for the CIA “went much further than her being an analyst,” and that publishing her name would be “hurtful,” could stymie ongoing intelligence operations, and jeopardize her overseas sources. “When [Novak] says that he was not told that he was ‘endangering’ someone, that statement might be technically true,” says one of the officials. “Nobody directly told him that she was going to be physically hurt. But that was implicit in that he was told what she did for a living.” The other official says: “At best, he is parsing words. At worst, he is lying to his readers and the public. Journalists should not lie, I would think.” Notes from one of the officials from his conversation with Novak bolster the officials’ testimony. The officials also contradict Novak’s claim that CIA officials told him Plame Wilson was part of the agency decision to send her husband to Niger to investigate the Iraq-Niger uranium allegations (see July 6, 2003). One of them says that the CIA at first refused to comment, and later told Novak that Plame Wilson played no part in the selection of her husband (see February 13, 2002). “He was told it just wasn’t true—period,” the official testifies. “But he just went with the story anyway. He just didn’t seemed to care very much whether the information was true or not.” (Waas 2/12/2004)

Former Vice President Al Gore gives a keynote address to a conference at the New School of New York City on the topic, “The Politics of Fear.” (Social Research: An International Quarterly of the Social Sciences 2/2004) In his address, Gore notes the success that the Bush administration has had in preying on the fears of the American public. “Fear was activated on September 11 in all of us to a greater or lesser degree,” he says. “And because it was difficult to modulate or to change in particular specifics, it was exploitable for a variety of purposes unrelated to the initial cause of the fear. When the president of the United States stood before the people of this nation—in the same speech in which he used the forged document (see Mid-January 2003 and 9:01 pm January 28, 2003)—he asked the nation to ‘imagine’ how fearful it would feel if Saddam Hussein gave a nuclear weapon to terrorists who then exploded it in our country. Because the nation had been subjected to the fearful, tragic, cruel attack of 9/11, when our president asked us to imagine with him a new fear, it was easy enough to bypass the reasoning process, and short-circuit the normal discourse that takes place in a healthy democracy with a give-and-take among people who could say, ‘Wait a minute, Mr. President. Where’s your evidence? There is no connection between Osama bin Laden and Saddam Hussein.’ At one point, President Bush actually said, ‘You can’t distinguish between Saddam Hussein and Osama bin Laden’ (see September 25, 2002). He actually said that.” Gore says that for a time even he had trusted Bush to do the right thing, but Bush had abused the trust he and the American people had in him. In 2006, author and former White House counsel John Dean will write in conjunction with Gore’s address: “In short, fear takes reasoning out of the decision-making process, which our history has shown us often enough can have dangerous and long-lasting consequences. If Americans cannot engage in analytical thinking as a result of Republicans’ using fear for their own political purposes, we are all in serious trouble.” (Social Research: An International Quarterly of the Social Sciences 2/2004; Dean 2006, pp. 178-179)

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” (Novak 7/12/2006)

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to the indictment that will later be issued against Libby (see October 28, 2005), he commits perjury during his testimony. (US Department of Justice 3/5/2004 pdf file; MSNBC 2/21/2007; Washington Post 7/3/2007) Libby is questioned by special prosecutor Patrick Fitzgerald, who is aided by deputy special counsels Ron Roos, Peter Zeidenberg, and Kathleen Kedian. At the beginning of the questioning, Fitzgerald ensures that Libby understands the circumstances that constitute perjury.
Denies Being Source for Columnist - Fitzgerald asks Libby about his involvement as a source for columnist Robert Novak, who revealed Plame Wilson’s secret CIA status in a column (see July 14, 2003). Libby denies being a source for Novak.
Admits Learning about Plame Wilson's CIA Status from Cheney - He admits that Cheney told him that Joseph Wilson’s wife was a CIA officer: while discussing Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), Libby says of Cheney: “And in the course of describing this he also said to me in sort of an off-hand manner, as a curiosity, that his wife worked at the CIA, the person who—whoever this person was. There were no names at that stage so I didn’t know Ambassador Wilson’s name at that point, or the wife’s name.” Libby also admits that he knew Plame Wilson worked at the “functional office” of the CIA that handled the Iraq WMD issue.
Libby 'Forgot' He Already Knew about Plame Wilson - Later in the interview, Fitzgerald asks again if it is “fair to say that [Cheney] had told you back in June, June 12 or before… that his wife worked in the functional office of counterproliferation of the CIA (see (June 12, 2003)). Correct?” Libby answers, “Yes, sir.” Fitzgerald then asks: “So when you say, that after we learned that his wife worked at the agency, that became a question. Isn’t it fair to say that you already knew it from June 12 or earlier?” Libby then answers: “I believe by, by this week I no longer remembered that. I had forgotten it. And I believe that because when it was told to me on July 10, a few days after this article, it seemed to me as if I was learning it for the first time. When I heard it, I did not think I knew it when I heard.” Libby is referring to his claim that he originally learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), a claim that Russert will strongly deny (see February 7-8, 2007). (US Department of Justice 3/5/2004 pdf file)
Claims Not to Have Discussed Plame Wilson until after Novak's Column Published - Fitzgerald asks Libby if he recalls the question of whether the possibility that Plame Wilson sent her “husband on a junket” (see July 7, 2003 or Shortly After), and whether he discussed it with Cheney. Libby replies: “I don’t recall the conversation until after the Novak piece. I don’t recall it during the week of July 6. I recall it after the Novak… after the Novak article appeared.” Fitzgerald, obviously unconvinced by Libby’s claim, asks, “And are you telling us under oath that from July 6 to July 14 you never discussed with Vice President Cheney whether Mr. Wilson’s wife worked at the CIA?” Libby responds: “No, no, I’m not saying that. On July 10 or 11 I learned, I thought anew, that the wife—that the reporters were telling us that the wife worked at the CIA. And I may have had a conversation with the vice president either late on the 11th or on the 12th in which I relayed that reporters were saying that.” Libby is lying by claiming he never discussed Plame Wilson with Cheney or other White House officials between July 6 and July 14 (see July 7, 2003 or Shortly After, July 7-8, 2003, July 8, 2003, 12:00 p.m. July 7, 2003, and July 10 or 11, 2003). (US Department of Justice 3/5/2004 pdf file; Waas 1/12/2007)
Denies Learning of State Department Memo until Late September 2003 - Libby also denies learning of the State Department’s interest in the Wilson trip and in Wilson’s wife until after the investigation into Plame Wilson’s identity became public on September 28, 2003, “a couple days after that,” he says. “I don’t have any recollection of an INR [Bureau of Intelligence and Research, the State Department’s intelligence bureau] document prior to that date.” Libby is lying; he learned about the State Department’s inquiry into the Wilson trip, and Plame Wilson’s CIA status, much earlier (see 12:00 p.m. June 11, 2003). He also denies asking the State Department’s Marc Grossman for information on Wilson’s Niger trip, which is most likely another lie (see May 29, 2003). And he claims not to remember if he learned from Grossman that Plame Wilson was a CIA official.
Denies Talking to CIA Official - Libby also claims not to remember discussing Plame Wilson with Robert Grenier, the CIA’s Iraq mission manager. “I don’t think I discussed Wilson’s wife’s employment with, with Mr. Grenier,” he testifies. “I think if I discussed something it was what they knew about the request about Mr., about Mr. Wilson. I don’t recall the content of the discussion.” Asked “if there was an urgency to the conversation” with Grenier, Libby replies, “I recall that I was reaching Mr. Grenier—I was trying to reach Mr. McLaughlin [John McLaughlin, then the CIA’s deputy director, who spoke to Cheney the day before about Plame Wilson—see 12:00 p.m. June 11, 2003) and couldn’t, and spoke instead to Mr. Grenier. And so if I did that instead of just waiting for Mr. McLaughlin, it was probably something that was urgent in the sense that my boss, the vice president, wanted, wanted to find something out. Not, not necessarily in the real world, but he wanted an answer and usually we try and get him the answer when we can.” Libby did indeed meet with Grenier, and quizzed him about Plame Wilson (see 2:00 p.m. June 11, 2003).
Denies Leaking Name to Post Reporter - Libby claims not to be sure if he was a source for a June 2003 article by Washington Post reporter Walter Pincus (see June 12, 2003), but says he is sure he did not divulge Plame Wilson’s identity to him. “I have no recollection of having discussed it with Mr. Pincus and I don’t think I did,” Libby testifies. He acknowledges that his own notes, entered into evidence by Fitzgerald, show that he discussed the Pincus article with Cheney before it was published. Libby also denies revealing Plame Wilson’s identity to two New York Times reporters, David Sanger and James Risen.
Challenges Wilson's Characterization of Iraq-Niger Claims - Using language similar to that he and other members of Cheney’s staff have used in press conferences and to individual reporters, Libby says that Joseph Wilson’s questioning of the Iraq-Niger claims were ill-informed, and that Wilson was wrong to speculate that Cheney had deliberately ignored the evidence that those claims were false to insist that Iraq had an active nuclear weapons program and therefore constituted a danger to the US (see March 24, 2002, August 2002, March 16, 2003, and July 6-10, 2003). Libby says of Wilson’s op-ed in the New York Times (see July 6, 2003), “It’s a, it’s a bad article.” He admits to being angry over the article, then changes it to being “concerned because it didn’t seem to me an accurate portrayal of the facts.… Upset’s a fair word, I guess.” He admits to discussing the Wilson op-ed with Cheney shortly after its publication, though he is unsure of the exact date of that discussion (see July 6-10, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby acknowledges that notations on a copy of the Wilson op-ed are in Cheney’s handwriting (see July 7, 2003 or Shortly After). (US Department of Justice 3/5/2004 pdf file)

Clips of Thompson, Bush included in VNRs provided to local TV stations.Clips of Thompson, Bush included in VNRs provided to local TV stations. [Source: New York Times]New York Times reporter Robert Pear discovers that the Bush administration has employed two fake “reporters,” Karen Ryan and Alberto Garcia, who have appeared in administration-produced television “news” segments—“video news releases,” or VNRs—designed to promote the administration’s new Medicare prescription-drug policies. (Garcia primarily appeared in Spanish-language Medicare VNRs.) HHS had budgeted $124 million for the fake news segments, more than most real news organizations can provide. The segments are under investigation by the General Accounting Office (GAO) for possible violation of government statutes prohibiting the use of federal money to produce propaganda or partisan presentations. The Secretary for Health and Human Services (HHS), Tommy Thompson, appears in one of the segments, saying, “This is going to be the same Medicare system only with new benefits, more choices, more opportunities for enhanced benefits.” Several others show a crowd giving President Bush a standing ovation as he signs the new Medicare bill into law. Another segment shows a pharmacist talking to an elderly customer. The pharmacist says the new law “helps you better afford your medications,” and the customer says, “It sounds like a good idea.” The pharmacist agrees, “A very good idea.” The segments, professionally produced and ending with tag lines such as “In Washington, I’m Karen Ryan reporting,” were regularly aired by at least 50 local television news broadcasts in 40 cities around the country. The government also provides scripts that can be used by local news anchors to introduce, or “walk up,” the VNRs. One script suggested that anchors read the following: “In December, President Bush signed into law the first-ever prescription drug benefit for people with Medicare. Since then, there have been a lot of questions about how the law will help older Americans and people with disabilities. Reporter Karen Ryan helps sort through the details.” A VNR is then broadcast explaining how the new law benefits Medicare recipients.
'Infoganda' - Ryan is a freelance journalist, the administration claims, and using her for such fake news segments is perfectly acceptable. But cursory investigation reveals that she was once a freelance reporter, but has for years worked as a public relations consultant. Her most recent assignments include appearing in marketing videos and “infomercials” promoting a variety of pharmaceutical products, including the popular drugs FloMist and Excedrin. Perhaps the most telling reaction is from Comedy Central’s comedy-news program The Daily Show, where host Jon Stewart can’t seem to decide whether to be outraged or flattered by what Rich calls “government propaganda imitating his satiric art.” (Daily Show member Rob Corddry calls the HHS videos “infoganda.”) Administration officials also insist that the VNRs are real, objective news releases, but the company that produced the segments, Home Front Communications, confirms that it had hired Ryan to read a script prepared by government officials. The VNRs give a toll-free phone number for beneficiaries to call. To obtain recorded information about prescription drug benefits, the caller must speak the words, “Medicare improvement.” The Columbia Journalism Review writes, “The ‘reports’ were nothing more than a free advertisement for the legislation, posing as news.”
Legal? - GAO lawyers say that their initial investigations found that other fliers and advertisements disseminated by HHS to promote the new Medicare policies are legal, though they display “notable omissions and other weaknesses.” Administration officials claim the VNRs are also a legal, effective way to educate Medicare beneficiaries. The GAO is still investigating the VNRs. GAO investigators believe that they might violate the law in at least one aspect: misleading viewers by concealing their government origins. Federal law expressly forbids the use of federal money for “publicity or propaganda purposes” not authorized by Congress. Earlier investigations have found government-disseminated editorials and newspaper articles illegal if they did not identify themselves as coming from government officials. The GAO will find that the VNRs break two federal laws forbidding the use of federal money to produce propaganda (see May 19, 2004).
'Common Practice' - HHS spokesman Kevin Keane says the VNRs are well within legal guidelines; their only purpose, he says, is to inform citizens about changes in Medicare. “The use of video news releases is a common, routine practice in government and the private sector,” he says. “Anyone who has questions about this practice needs to do some research on modern public information tools.” Congressional Democrats disagree with Keane. “These materials are even more disturbing than the Medicare flier and advertisements,” says Senator Frank Lautenberg (D-NJ). “The distribution of these videos is a covert attempt to manipulate the press.” Lautenberg, fellow Senator Edward Kennedy (D-MA), and seven other members of Congress requested the GAO investigation. Keane is correct in one aspect: businesses have distributed VNRs to news stations as well as internally for years, and the pharmaceutical industry has been particularly successful in getting marketing videos that appear as “medical news” or “medical features” aired on local and even national news broadcasts. And government agencies have for years released informational films and videos on subjects such as teenage smoking and the dangers of using steroids. Bill Kovach, chairman of the Committee of Concerned Journalists, says HHS’s VNRs have gone far beyond what the government has previously provided. “Those to me are just the next thing to fraud,” he says. “It’s running a paid advertisement in the heart of a news program.” (Pear 3/15/2004; McDermott 3/15/2004; Rich 2006, pp. 164)
Media Responsibility - The Columbia Journalism Review’s Bill McDermott writes: “[F]or our money, the villains here aren’t the clever flacks at HHS—they’re supposed to be masters of deception. Nope, the dunce hats go to the local TV station editors willing to slap onto the air any video that drops in over the transom.” (McDermott 3/15/2004) Ryan is relatively insouciant about the controversy. “Stations are lazy,” she says. “If these things didn’t work, then the companies would stop putting them out.” (Pittsburgh Post-Gazette 3/20/2004)

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. (United States District Court for the District of Columbia 3/24/2004 pdf file; MSNBC 2/21/2007; Washington Post 7/3/2007) There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). (United States District Court for the District of Columbia 3/24/2004 pdf file; Brenner 4/2006) Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 2/19/2007)
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 10/11/2005; Waas 10/18/2005)
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 2/6/2006; Waas 4/6/2006)
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 1/12/2007)
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” (Waas 6/14/2006)

Cover of Wilson’s ‘The Politics of Truth.’Cover of Wilson’s ‘The Politics of Truth.’ [Source: Barnes and Noble]Former ambassador Joseph Wilson, who helped disprove the White House’s claim that Iraq had attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and in turn had his wife, Valerie Plame Wilson, exposed as a CIA agent through a White House leak (see July 14, 2003, September 26, 2003, and September 30, 2003), publishes his book, The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity: A Diplomat’s Memoir. He had signed with a relatively small publisher, Carroll & Graf, after making a gentleman’s agreement with C&G editor Philip Turner, and refused to allow his literary agent to bid his book out for a larger advance in order to honor the agreement with Turner. According to Wilson’s wife, he worked relentlessly for four months to complete the book, eager to tell not just the story of his trip to Niger and his wife’s outing, but to write about his wide and varied diplomatic career in Africa and the Middle East (see September 5, 1988 and After, September 20, 1990, and Late November, 1990). (Wilson 2007, pp. 171-172) The book sells well and garners mostly positive reviews; for example, author and former White House counsel John Dean gives it a glowing review in the New York Times (see May 12, 2004). But right-wing supporters of the Bush administration quickly publish their own vilifications of Wilson and his book (see July 12, 2004). Plame Wilson will write in 2007: “Having lived through the first spate of attacks on Joe’s credibility and character in the wake of the leak, I thought I had acquired some armor. I was wrong. I knew the comments were politically motivated, but they were still painful to read, and once again we felt under siege.” Plame Wilson is particularly alarmed by the death threats made against her and her family by unidentified telephone callers, including one “seriously deranged person” who manages to talk to her four-year-old son for a moment. She asks the CIA for additional security measures to protect her children, a request that the agency will eventually deny. She will recall: “To say that the CIA response ‘disappointed’ me doesn’t begin to touch the betrayal that I felt. After [REDACTED] loyal service, I expected the agency to come through on its standing promise to protect its ‘family,’ something that had always been a point of CIA pride.… Clearly, I was on my own.” (Wilson 2007, pp. 178-180)

Conservative radio host Rush Limbaugh informs his listeners of a Harris poll showing a majority of those surveyed believe that Saddam Hussein had weapons of mass destruction when the war began over a year before (see March 19, 2003). Limbaugh blames the misconception on the “liberal media,” not on the government officials and conservative pundits, including Limbaugh, who pushed the idea of Iraqi WMD on the public before the invasion (see July 30, 2001, Mid-September, 2001, Mid-September-October 2001, October 17, 2001, November 14, 2001, December 20, 2001, 2002, February 11, 2002, Summer 2002, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 19, 2002, January 2003, January 9, 2003, February 5, 2003, February 17, 2003, March 16-19, 2003, March 23, 2003, May 21, 2003, May 29, 2003, and June 11, 2003), and uses the incident to warn his listeners about getting their news from the “liberal media.” (Jamieson and Cappella 2008, pp. 151)

Former ambassador Joseph Wilson, discussing his two trips to Niger in 1999 (see Fall 1999) and 2002 (see February 21, 2002-March 4, 2002) to investigate whether Iraq was attempting to obtain uranium from that nation, says that in 1999 he never discussed the subject of uranium purchases. Wilson, who met with former Nigerien Prime Minister Ibrahim Mayaki, says: “At that meeting, uranium was not discussed. It would be a tragedy to think that we went to war over a conversation in which uranium was not discussed because the Niger official was sufficiently sophisticated to think that perhaps he might have wanted to discuss uranium at some later date.” He will later tell Senate Intelligence Committee staffers that Mayaki was leery of discussing any trade issues at all because Iraq was under United Nations sanctions. (FactCheck (.org) 7/26/2004)

Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. (Federal Bureau of Investigation 5/8/2004 pdf file; Johnston 6/5/2004)
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” (Federal Bureau of Investigation 5/8/2004 pdf file; Yost 11/2/2009) Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). (Federal Bureau of Investigation 5/8/2004 pdf file; Leopold 2/15/2006)
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). (Federal Bureau of Investigation 5/8/2004 pdf file; Yost 11/2/2009) Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” (Federal Bureau of Investigation 5/8/2004 pdf file; Leopold 2/15/2006) In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” (Leopold 7/7/2009)

Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003, 11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” (Dean 5/12/2004)

The General Accounting Office (GAO) finds that the Bush administration broke two federal laws as part of its publicity campaign to promote its new Medicare prescription drug policies. The Department of Health and Human Services (HHS) illegally spent federal monies on what amounts to covert propaganda in producing and distributing “video news releases,” or VNRs, to local television news broadcasters around the country that were designed to look like objective news reports (see March 15, 2004). The GAO findings do not carry legal weight, because the GAO acts as an adviser to Congress. The viewers in the more than 40 cities who saw the reports did not know they were watching government-produced videos anchored by public relations “flacks” paid by HHS who were not real reporters. The VNRs have only fueled criticism of the Medicare prescription drug coverage program, which gives private health care firms and prescription drug companies a much larger role in providing and setting prices for Medicare recipients’ prescriptions. Democrats have long insisted that the law cripples Medicare beneficiaries’ ability to receive low-cost prescriptions in favor of funneling Medicare dollars into the pharmaceutical companies’ coffers; with the GAO findings, Democrats now say that the government used illegal propaganda tactics to “sell” the citizenry on the new program. The administration has already admitted that the program will cost hundreds of billions of dollars more than originally claimed. Democratic presidential candidate John Kerry (D-MA) calls the videos “another example of how this White House has misrepresented its Medicare plan.” Kerry’s Senate colleague, Edward Kennedy (D-MA), says: “The new GAO opinion is yet another indictment of the deception and dishonesty that has become business as usual for the Bush administration. It was bad enough to conceal the cost of the Medicare drug bill from the Congress and the American people. It is worse to use Medicare funds for illegal propaganda to try to turn this lemon of a bill into lemonade for the Bush campaign.” The Bush administration continues to insist that the VNR program is legal. “GAO opinions are not binding on the executive branch. That’s an opinion of the GAO. We don’t agree,” says HHS spokesman Bill Pierce, who justifies the VNR usage by pointing to their ubiquitous usage in corporate settings. Asked if he understands that a viewer might be angry at being led to believe that the VNRs were real news stories, Pierce replies, “If I’m a viewer, I’d be angry at my television station.” (Goldstein 5/20/2004; Kemper 5/20/2004)

Greg Thielmann, a former director of the Strategic, Proliferation, and Military Affairs Office at the State Department’s intelligence bureau, compares the aluminum tubes allegations (see Between April 2001 and September 2002 and September 8, 2002) to the Iraq-Niger uranium allegations (see Between Late 2000 and September 11, 2001 and 9:01 pm January 28, 2003), and finds the aluminum tubes allegations an “even more egregrious case of policymakers’ contamination of the intelligence process than the” Iraq-Niger uranium allegations, in the words of former Defense Intelligence Agency official Patrick Lang. Lang goes on to quote Thielmann as saying: “What was done with the aluminum tubes was far worse than what was done with the uranium from Africa. Because the intelligence community had debated over a period of months, and involved key scientists and engineers in the national laboratories—and foreigners as well—in a long and detailed discussion. The way I would have characterized it, if you had asked me in July 2002, when I turned over the leadership of my office, there was a growing consensus in the intelligence community that this kind of aluminum was not suitable for the nuclear weapons program. So I was really quite shocked to see—I was just retired—the National Intelligence Estimate say that the majority of agencies came to the opposite interpretation, that it was going into the nuclear weapons program.” Anyone in the White House or the National Security Council should have, in Lang’s words, “seen through the subterfuge and drawn the proper conclusion.” Again, Lang quotes Thielmann: “If they had read the NIE [National Intelligence Estimate—see October 1, 2002] in October, it is transparent that there were different views in the intelligence community. They could have read, for example, that the Department of Energy and the State Department INR [intelligence bureau] believed that the aluminum tubes were not going into the nuclear weapons program and instead were going into conventional artillery rockets. And, if one assumes a modicum of intelligence understanding at the [National Security Council], they should know that the agency that is most able to judge on this would be the Department of Energy. They control all the laboratories that actually over the years have enriched uranium and built centrifuges.” (Lang 6/2004)

David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. (Rutenberg 6/27/2004) After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).

Wisconsin Right to Life logo.Wisconsin Right to Life logo. [Source: Dane101 (.com)]After the passage of the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), also known as the McCain-Feingold law after its original sponsors, and the 2003 McConnell Supreme Court decision that upheld the law (see December 10, 2003), corporations and labor unions are prohibited from airing ads that attack candidates but avoid specific language that turns the ads from general commercials into “campaign” ads within 30 days of a primary election or 60 days of a federal election. Wisconsin Right to Life (WRTL) comes to anti-abortion and anti-campaign finance lawyer James Bopp Jr. (see November 1980 and After) with a dilemma. The WRTL wants to run ads attacking Senator Russ Feingold (D-WI), a powerful advocate of abortion rights, for his record of opposing President Bush’s judicial nominees. It intends to use the ads as campaign attack ads against Feingold, but skirt the BCRA’s restrictions by not specifically discouraging votes for him, thereby giving the appearance of “issue” ads and thusly not running afoul of the BCRA. Bopp is worried that the McConnell decision, just rendered, would make the Court reluctant to reverse itself so quickly. Bopp knows that the McConnell decision was in response to a broad challenge to the BCRA that argued the law was unconstitutional in all circumstances. Bopp decides to challenge the BCRA on behalf of the WRTL on narrower grounds—to argue that the specific application of the BCRA in this instance would violate the group’s First Amendment rights. He decides not to file a complaint with the Federal Election Commission (FEC) because of that agency’s notoriously slow response time, but instead files a preemptive challenge in court objecting to the BCRA’s ban on “issue advertisements” in the weeks before elections. Bopp is encouraged by the prospects of a court challenge that may wend its way to the Supreme Court, as the “swing” vote in McConnell was Justice Sandra Day O’Connor, who has been succeeded by the more conservative Samuel Alito (see October 31, 2005 - February 1, 2006). (Toobin 5/21/2012) Bopp will prove to be correct, as the Supreme Court will find in WRTL’s favor (see June 25, 2007).

Pat Roberts during a July 9, 2004 interview on PBS.Pat Roberts during a July 9, 2004 interview on PBS. [Source: PBS]The Senate Intelligence Committee releases the 511-page Senate Report on Iraqi WMD intelligence, formally titled the “Report of the Select Committee on Intelligence on the US Intelligence Community’s Prewar Intelligence Assessments on Iraq.” (US Congress 7/7/2004; CNN 7/9/2004) All nine Republicans and eight Democrats signed off on the report without dissent, which, as reporter Murray Waas will write, is “a rarity for any such report in Washington, especially during an election year.” (Waas 10/27/2005)
Report Redacted by White House - About 20 percent of the report was redacted by the White House before its release, over the objections of both Republicans and Democrats on the committee. Some of the redactions include caveats and warnings about the reliability of key CIA informants, one code-named “Red River” and another code-named “Curveball” (see Mid- and Late 2001). The source called “Red River” failed polygraph tests given to him by CIA officers to assess his reliability, but portions of the report detailing these and other caveats were redacted at the behest of Bush administration officials. (Jehl 7/12/2004; Rosenthal 7/18/2004)
Widespread Failures of US Intelligence - The report identifies multiple, widespread failures by the US intelligence community in its gathering and analysis of intelligence about Iraq WMD, which led to gross misunderstandings and misrepresentations about Iraq’s WMD programs to the American public by government officials. Committee chairman Pat Roberts (R-KS), who has previously attempted to shift blame for the intelligence misrepresentations away from the Bush administration and onto the CIA (see July 11, 2003 and After), says that intelligence used to support the invasion of Iraq was based on assessments that were “unreasonable and largely unsupported by the available intelligence.” He continues: “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons and if left unchecked would probably have a nuclear weapon during this decade. Today we know these assessments were wrong.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the 18-member panel that created the report, says “bad information” was used to bolster the case for war. “We in Congress would not have authorized that war with 75 votes if we knew what we know now,” he says (see October 10, 2002). “Leading up to September 11, our government didn’t connect the dots. In Iraq, we are even more culpable because the dots themselves never existed.” Numerous assertions in an October 2002 National Intelligence Estimate (NIE—see October 1, 2002) were “overstated” or “not supported by the raw intelligence reporting,” including:
bullet Claims that Iraq was rebuilding its nuclear weapons program;
bullet Claims that Iraq had large stockpiles of chemical and biological weapons;
bullet Claims that Iraq was developing an unmanned aerial vehicle that could be used to deliver chemical and/or biological weapons payloads onto distant targets;
bullet The so-called “layering effect,” where “assessments were based on previous judgments, without considering the uncertainties of those judgments” (Roberts calls it an “assumption train”);
bullet The failure to explain adequately the uncertainties in the October 2002 NIE to White House officials and Congressional lawmakers;
bullet Reliance on claims by “Curveball,” noting that the use of those claims “demonstrated serious lapses in handling such an important source”;
bullet Use of “overstated, misleading, or incorrect” information in helping then-Secretary of State Colin Powell present the administration’s case to the United Nations in February 2003 (see February 5, 2003); and
bullet The failure of the CIA to share significant intelligence with other agencies. (CNN 7/9/2004; Jones 7/9/2004; New York Times 7/9/2004)
“One fact is now clear,” Roberts says. “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons, and if left unchecked, would probably have a nuclear weapon during this decade. Well, today we know these assessments were wrong.” (Jones 7/9/2004; New York Times 7/9/2004) Rockefeller says the intelligence community failed to “accurately or adequately explain the uncertainties behind the judgments in the October 2002 National Intelligence Estimate to policymakers.” The community’s “intelligence failures” will haunt America’s national security “for generations to come,” he says. “Our credibility is diminished. Our standing in the world has never been lower,” he says. “We have fostered a deep hatred of Americans in the Muslim world, and that will grow. As a direct consequence, our nation is more vulnerable today than ever before.” (CNN 7/9/2004; New York Times 7/9/2004)
'Group Think' and 'Corporate Culture' - Roberts says the report finds that the “flawed” information used to send the nation to war was the result of “what we call a collective group think, which led analysts and collectors and managers to presume that Iraq had active and growing WMD programs.” He says this “group think caused the community to interpret ambiguous evidence, such as the procurement of dual-use technology, as conclusive evidence of the existence of WMD programs.” Roberts blames “group think” and a “broken corporate culture and poor management,” which “cannot be solved by simply adding funding and also personnel.” (CNN 7/9/2004; New York Times 7/9/2004)
Lack of Human Intelligence in Iraq - Perhaps the most troubling finding, Roberts says, is the intelligence community’s near-total lack of human intelligence in Iraq. “Most alarmingly, after 1998 and the exit of the UN inspectors, the CIA had no human intelligence sources inside Iraq who were collecting against the WMD target,” he says. (CNN 7/9/2004; New York Times 7/9/2004)
No Connection between Iraq, al-Qaeda - Rockefeller says that the administration’s claims of an alliance between Iraq’s Saddam Hussein and al-Qaeda had no basis in fact: “[N]o evidence existed of Iraq’s complicity or assistance in al-Qaeda’s terrorist attacks, including 9/11.” The report says that intelligence claims of connections between Iraq and some terrorist activities were accurate, though the contacts between al-Qaeda and Iraq from the 1990s “did not add up to an established formal relationship.” (CNN 7/9/2004; New York Times 7/9/2004)
Divided Opinion on Pressure from Bush Administration - Republicans and Democrats on the committee differ as to whether they believe the CIA and other intelligence agencies groomed or distorted their findings as a result of political pressure from the White House. “The committee found no evidence that the intelligence community’s mischaracterization or exaggeration of intelligence on Iraq’s weapons of mass destruction capabilities was the result of politics or pressure,” Roberts says. However, Rockefeller notes that the report fails to explain fully the pressures on the intelligence community “when the most senior officials in the Bush administration had already forcefully and repeatedly stated their conclusions publicly. It was clear to all of us in this room who were watching that—and to many others—that they had made up their mind that they were going to go to war.” The analysts were subjected to a “cascade of ominous statements,” Rockefeller says, that may have pushed them to slant their analyses in the direction the White House indicated it wanted. The report finds that Vice President Dick Cheney and others who repeatedly visited intelligence agencies (see 2002-Early 2003) pressured intelligence analysts or officials to present particular findings or change their views. However, the report notes repeated instances of analysts exaggerating what they knew, and leaving out, glossing over, or omitting dissenting views. According to the report, the intelligence community released a misleading public version of the October 2002 NIE (see October 4, 2002) that eliminated caveats and dissenting opinions, thus misrepresenting “their judgments to the public which did not have access to the classified National Intelligence Estimate containing the more carefully worded assessments.” (CNN 7/9/2004; New York Times 7/9/2004; Jones 7/9/2004) In an interview the evening after the report’s release, Rockefeller is asked if the report documents “a failure of a system or is this a failure of a bunch of individuals who just did their jobs poorly?” Rockefeller responds: “This is a failure of a system.… It is not fair to simply dump all of this on the Central Intelligence Agency. The Central Intelligence Agency does not make the decision, and [former Director] George Tenet does not make the decision to go to war. That decision is made at the other end of Pennsylvania Avenue.… So we went to war under false pretenses, and I think that is a very serious subject for Americans to think about for our future.” Asked “if the president had known then what he knows now, he would have still taken us to war?” Rockefeller answers: “I can’t answer that question. I just ask—the question I ask is, why isn’t he, and maybe he is, why isn’t he as angry about his decision, so to speak his vote on this, as I am about mine?” (Lehrer 7/9/2004)
Supporting the Claim of Iraq's Attempt to Purchase Nigerien Uranium - The report states flatly that senior CIA case officer Valerie Plame Wilson made the decision to send her husband, former ambassador Joseph Wilson, to Niger to investigate false claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The CIA has demonstrated that Plame Wilson did not make that decision (see February 19, 2002). However, as well as claiming that Plame Wilson sent Wilson to Niger, it claims that Wilson’s report, far from disproving the assertion of an attempt by Iraq to purchase uranium, actually bolstered that assertion. The report states that the question of Iraq’s attempt to buy Nigerien uranium remains “open.” It also says Wilson lied to the Washington Post in June 2004 by claiming that the documents used to support the claim were forgeries (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). “Committee staff asked how the former ambassador could have come to the conclusion that the ‘dates were wrong and the names were wrong’ when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports,” the report states. Wilson told committee members he may have been confused and may have “misspoken” to some reporters (see May 2, 2004). The committee did not examine the documents themselves. (Schmidt 7/10/2009) The committee made similar claims a year before (see June 11, 2003 and July 11, 2003 and After). Progressive reporter and columnist Joshua Micah Marshall disputes the report’s claim that Wilson’s trip to Niger actually helped prove the assertion that Iraq tried to buy Nigerien uranium. The intelligence reports making the assertion are “fruits of the same poison tree” that produced so many other false and misleading claims, Marshall writes, and were based on the assumption that the forged documents were genuine. (Joshua Micah Marshall 7/10/2004) In 2007, Plame Wilson will write, “What was missing from the [committee] report was just as telling as the distortions it contained. The ‘Additional Views’ section… had concluded” that she was responsible for sending Wilson to Niger. Yet that was contradicted by a senior CIA official over a year before. Plame Wilson will call the “Additional Views” section “a political smear if there ever was one,” crammed with “distortions and outright lies. Yet it continues to be cited today by Joe’s critics as proof of his lack of credibility.” The Wilsons learn months later that committee Democrats decided not to fight against the attacks on Wilson’s integrity; according to one of the senior Democratic senators on the panel, there was simply too much “incoming” from the Republicans for them to fight every issue. There were “far too many serious substantial disputes” that needed solving, and the Democrats chose to allow the attacks on Wilson to proceed without comment. (Wilson 2007, pp. 187-190)
Portion of the Report Delayed - Roberts and other Republican majority committee members were successful in blocking Democrats’ attempts to complete the second portion of the report, which delineates the Bush administration’s use of the intelligence findings. That report will not be released until after the November 2004 presidential election. Rockefeller says he feels “genuine frustration… that virtually everything that has to do with the administration” has been “relegated to phase two” and will be discussed at another time. The second part of the committee’s investigation will focus on the “interaction or the pressure or the shaping of intelligence” by the Bush administration, Rockefeller says. “It was clear to all of us that the Bush administration had made up its mind to go to war,” he says, and he believes that such a “predetermination” influenced the intelligence community. Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she hopes a similar House investigation would address some of those issues. However, she notes, she has been stymied by House Republicans in even launching that investigation. “There has not been the cooperation that there apparently has been on the Senate side,” she says. She has just now managed to wangle a meeting with House Intelligence Committee chairman Porter Goss (R-FL), who is being touted as the next director of the CIA (see September 24, 2004). Harman says, “I would hope we could address [the issues] factually and on a bipartisan basis, but at the moment I don’t have a lot of confidence in it.” (CNN 7/9/2004; Jones 7/9/2004) Roberts’s spokeswoman Sarah Little later says that the committee has not yet decided whether the second portion of the report will be fully classified, declassified, or even if it will hold hearings. (Waas 10/27/2005)
Cheney, Roberts Colluded in Interfering with Report - Over a year later, the media will find that Roberts allowed Cheney and members of his staff to interfere with the committee’s investigation and dramatically limit its scope (see October 27, 2005). Rockefeller will say that he made three separate requests for White House documents during the committee’s investigation, but never received the documents he asked for. “The fact is,” Rockefeller will say, “that throughout the Iraq investigation any line of questioning that brought us too close to the White House was thwarted.” Rockefeller’s spokesperson, Wendy Morigi, will say that Rockefeller will “sadly come to the conclusion that the Intelligence Committee is not capable of doing the job of investigating the fundamental question as to whether the administration has misused intelligence to go to war.” (Waas and Singer 10/30/2005) Plame Wilson will write: “In the coming months, many reliable sources told us that before the report was issued, there was considerable collusion between the vice president’s office and… Roberts on how to craft the report and its content. So much for checks and balances and the separation of powers.” (Wilson 2007, pp. 192)

Author Clifford May, a former Republican National Committee staffer and a well-known television pundit, lambasts former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). May, who has written derisively about Wilson before (see September 29, 2003), opens by accusing Wilson of publishing a “quickie book sporting his dapper self on the cover” that contains little substance and is based largely on “a wet-kiss profile in Vanity Fair.” He derides Wilson’s lengthy experience as a diplomat (see July 31, 1990, August 1-2, 1990, August 6, 1990, August 8-9, 1990, September 20, 1990, and January 12, 1991) by calling him “the guy who makes sure the embassy plumbing is working and that the commissary is stocked with Oreos and other products the ambassador prefers.” Most notably, May comes to the conclusion that Wilson himself, and not the White House, outed his wife Valerie Plame Wilson as a CIA agent, a conclusion he says was reached by a “bipartisan Senate committee report.” May is referring to the recent report by the Senate Intelligence Committee (see July 9, 2004). He repeats many of the committee’s erroneous assertions, including the allegation that Wilson’s wife was responsible for the decision to send Wilson to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). In regards to President Bush’s State of the Union assertion that Iraq had attempted to buy uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), May writes, “We now know for certain that Wilson was wrong and that Bush’s statement was entirely accurate.” He goes on to assert that the forged documents used to support the Iraq-Niger uranium story were likely “planted in order to be discovered—as a ruse to discredit the story of a Niger-Iraq link, to persuade people there were no grounds for the charge. If that was the plan, it worked like a charm.” May even says that Wilson’s report bolstered the belief that the uranium story might be true. He repeats his earlier charges that Wilson is an incompetent partisan whom the CIA had no business sending to Niger in the first place. He never explains exactly how Wilson outed his own wife as a CIA agent, though he does assert, wrongly, that Plame Wilson was never an undercover agent (see Fall 1992 - 1996) and therefore no one broke the law in revealing her status as a CIA official. (May 7/12/2004) In 2004, Wilson will write of May’s assertion that his wife’s CIA status “was supposedly widely known” throughout Washington, “[I]f what May wrote was accurate, it is a damning admission, because it could have been widely known only by virtue of leaks among his own crowd.” (Wilson 2004, pp. 443-444)

While reviewing reports from Iraq, senior CIA case officer and WMD expert Valerie Plame Wilson admits a fellow CIA officer into her office. In 2007, Plame Wilson will recall: “His round face was flushed and his eyes, behind glasses, looked close to tears. I had worked with him for the last two years, through many stressful days, and I had never seen him so emotional or distressed.” After she closes the door, he says tightly, “They twisted my testimony.” Plame Wilson is not sure what he is talking about. ”I recommended Joe for the trip, don’t you remember?” he continues. “I told the committee this, but they didn’t include it in the report.” Plame Wilson realizes that the officer is talking about the recently released report from the intelligence committee on the prewar intelligence used to justify the Iraq invasion (see July 9, 2004), and referring to her husband, Joseph Wilson. She will write: “So when… the reports officer came to my office a day after the [committee] report came out, he confirmed what I had felt to be true—that I had not suggested Joe at all—but was afraid to voice without knowing for sure. He also reminded me of how the phone call to [another CIA officer] had started this chain of events (see February 13, 2002). A wave of apprehension swept over me. I wanted to urge my colleague to come forward again with the truth, but I couldn’t tell him what to do—it would be witness tampering.” (Wilson 2007, pp. 192-193)

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column a year earlier (see July 14, 2003), regarding the recently released Senate Intelligence Committee report on the administration’s use of intelligence to justify the invasion of Iraq (see July 9, 2004), observes that its “most remarkable aspect… is what its Democratic members did not say.” Novak claims that committee Democrats do not dispute that Iraq tried to discuss purchasing yellowcake uranium from Niger. They did not agree to the report’s conclusion that Plame Wilson suggested her husband, Joseph Wilson, for a fact-finding mission to Niger, a conclusion that is false (see February 19, 2002, July 22, 2003, October 17, 2003, and Mid-July, 2004), but neither did they defend Wilson’s denials of his wife’s involvement. Novak writes: “According to committee sources, Roberts felt Wilson had been such a ‘cause celebre’ for Democrats that they could not face the facts about him.… Now, for Intelligence Committee Democrats, it is as though the Niger question and Joe Wilson have vanished from the earth.” (Novak 7/15/2004)

The Wall Street Journal publishes an op-ed declaring that since the Senate Intelligence Committee has “exposed” former ambassor Joseph Wilson’s “falsehoods” about his trip to Niger to explore the allegations that Iraq tried to purchase uranium from Niger (see July 9, 2004), it is time for Special Prosecutor Patrick Fitzgerald to “close up shop” and stop his investigation into who outed Wilson’s wife, CIA agent Valerie Plame Wilson. The Journal declares that if “an administration official cited nepotism truthfully in order to explain the oddity of Mr. Wilson’s selection for the Niger mission, then there was no underlying crime” in outing Plame Wilson. “[T]he entire leak probe now looks like a familiar Beltway case of criminalizing political differences. Special Prosecutor Patrick Fitzgerald should fold up his tent.” The Journal also repeats the baseless conclusion of the Republican authors of the committee report that stated Wilson’s findings in Niger actually provided “some confirmation” of the Iraq-Niger deal. (Wall Street Journal 7/20/2004) In 2007, Plame Wilson will write that she is in her CIA office when she reads the op-ed. She recalls realizing that the entire thrust of the attempt to smear her husband is “to derail the leak investigation, which was sniffing dangerously close to the White House. Now I understood the ferocity of the attacks on Joe.” (Wilson 2007, pp. 192)

Bill Gertz, a columnist for the conservative Washington Times, writes that CIA official Valerie Plame Wilson’s identity was compromised twice before it was publicly exposed by conservative columnist Robert Novak (see July 14, 2003). If true, neither exposure was made publicly, as Novak’s was. Anonymous government officials told Gertz that Plame Wilson’s identity was disclosed to Russian intelligence agents in the mid-1990s. Her identity was again revealed in what Gertz calls “a more recent inadvertent disclosure,” references identifying Plame Wilson as a CIA official in confidential documents sent by the agency to the US interests section of the Swiss Embassy in Havana. The anonymous officials told Gertz that Cuban officials read the documents and could have learned of Plame Wilson’s CIA status. The officials did not state when the alleged Cuban exposure took place. “The law says that to be covered by the act the intelligence community has to take steps to affirmatively protect someone’s cover,” one official told Gertz. “In this case, the CIA failed to do that.” Another official told Gertz that the compromises before the news column were not publicized and thus should not affect the investigation of Plame Wilson’s exposure. (Getz 7/22/2004)

White House political strategist Karl Rove denies leaking CIA official Valerie Plame Wilson’s name to the press. Rove is lying (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003), though his words are carefully chosen to be technically accurate. At the Republican convention nominating George W. Bush as the party’s presidential candidate, Rove tells a CNN reporter: “I didn’t know her name and didn’t leak her name. This is at the Justice Department. I’m confident that the US Attorney, the prosecutor who’s involved in looking at this is going to do a very thorough job of doing a very substantial and conclusive investigation.” Rove is correct in saying he did not tell reporters Plame Wilson’s name, but he identified her as the wife of former ambassador Joseph Wilson, making it easy for reporters to find her name for themselves. (CNN 7/5/2005; Raw Story 7/7/2005)

Western intelligence officials say that a French intelligence operation to protect Niger’s uranium industry and to prevent weapons proliferation is the inadvertent cause of the forged documents alleging a surreptitious attempt by Iraq to procure uranium from Niger. The operation began in 1999, the officials say. In 2000, French intelligence officials received documents from Italian information peddler Rocco Martino, a source they had used before, that indicated Iraq wanted to expand economic “trade” with Niger. The intelligence officials assumed Iraq wanted to trade for uranium, Niger’s main export. Alarmed, the French asked Martino to provide more information, which, the Financial Times reports, “led to a flourishing ‘market’ in documents.” The next documents Martino provided to the French were forgeries, later exposed as such by inspectors from the International Atomic Energy Agency (see March 7, 2003). The US, which used the documents to support President Bush’s claim that Iraq had attempted to buy uranium from Niger in his 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003), later disavowed the claim; the British have yet to do so, insisting that they have other evidence showing the truth behind the allegations. Martino recently confirmed that the documents originated from contacts provided to him by Italian intelligence (see Late July, 2004). A Western intelligence official says: “This issue shows how vulnerable intelligence services and the media are to tricksters like Martino. He responded to a legitimate… demand from the French, who needed the information on Niger. And now he is responding to a new demand in the market, which is being dictated by the political importance this issue has in the US. He is shaping his story to that demand.” (Huband 8/2/2004)

In a statement, NBC News confirms that its Washington bureau chief, Tim Russert, has testified in the Plame Wilson identity leak investigation (see August 7, 2004). NBC reaffirms that Russert was not a recipient of Valerie Plame Wilson’s CIA identity, and says he was asked “limited questions” by special counsel Patrick Fitzgerald that did not breach any confidentiality agreements he had with any sources. NBC says Russert testified that he first learned of Plame Wilson’s identity when he read Robert Novak’s column exposing her as a CIA official (see July 14, 2003). It acknowledges that Russert only testified after choosing not to wage a court battle over his subpoena to testify in the investigation (see May 21, 2004). (NBC News 8/9/2004 pdf file)

The grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see December 30, 2003) subpoenas New York Times reporter Judith Miller to testify. The Times says it will fight the subpoena. (US District Court for the District of Columbia 8/12/2004 pdf file; Washington Post 7/3/2007)
Unusual Negotiations between Lawyers - The subpoena will open a lengthy and sometimes puzzling set of negotiations between lawyers for Miller and her source, White House aide Lewis “Scooter” Libby. Miller refuses to divulge the identity of her source or the contents of their conversations (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). But she sends her lawyer, Floyd Abrams, to talk to Libby’s lawyer, Joseph Tate, to see if Libby will approve of her testimony. According to Abrams and others involved in the negotiations, Tate initially tells Abrams that Miller is free to testify. However, Abrams will say, Tate says that Libby never told Miller the name or the undercover status of Plame Wilson. This raises a conflict for Miller: her notes clearly indicate that she was told three times about Plame Wilson’s identity. If she testifies, she will contradict Libby’s own accounts of their conversations.
Libby Attempting to Influence Miller? - Miller decides that Libby is sending her a signal not to testify. She will later recalls Abrams’s recounting of his conversation with Tate: “He was pressing about what you would say. When I wouldn’t give him an assurance that you would exonerate Libby, if you were to cooperate, he then immediately gave me this, ‘Don’t go there, or, we don’t want you there.’” Abrams himself will recall: “On more than one occasion, Mr. Tate asked me for a recitation of what Ms. Miller would say. I did not provide one.” (Tate will angrily dispute both Abrams’s and Miller’s recollections, saying: “I never once suggested that she should not testify. It was just the opposite. I told Mr. Abrams that the waiver was voluntary.… ‘Don’t go there’ or ‘We don’t want you there’ is not something I said, would say, or ever implied or suggested.”) Miller’s executive editor, Bill Keller, will later say that Miller believed Libby feared her testimony. “Judy believed Libby was afraid of her testimony,” he will recall. “She thought Libby had reason to be afraid of her testimony.” Because of these reasons, Miller will decide not to further pursue the idea of a waiver from Libby that would allow her to testify about their conversations. For over a year, the two sides do not speak to one another. “I interpreted the silence as, ‘Don’t testify,’” Miller will later say. Tate will counter that he never understood why Miller or Abrams wanted to discuss the matter further. (van Natta, Liptak, and Levy 10/16/2005)
McClellan: Fighting to Protect Partisan Government Leakers - In 2008, one-time White House press secretary Scott McClellan will write of Miller and fellow journalist Matthew Cooper, also battling a subpoena (see August 9, 2004): “Of course, there was a curious twist to the defense used by Cooper and Miller. By refusing to divulge the names of their sources in the leak case, the two reporters were not protecting courageous whistle-blowers revealing government wrongdoing in the public interest. Rather, they were shielding government officials whom administration critics believed had used leaks as weapons of partisan warfare. It was hard for some in the public, and especially those critical of the administration, to see this as an act of journalism.… This episode… seemed to confirm for at least some administration critics that reporters were no longer heroic figures, but were now participating in the same partisan warfare they created.” (McClellan 2008, pp. 256)

Former ambassador Joseph Wilson, under fire for his 2002 findings that there was no truth to the reports that Iraq had tried to buy uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), speaks at several events arranged by his literary agent in Martha’s Vineyard, Massachusetts. He and his wife are disappointed that many invitees decline to come based on the recent smear campaign against him—his wife, Valerie Plame Wilson, will write in 2007, “[I]t suddenly struck me that we had officially become pariahs”—but some do attend Wilson’s short, impassioned presentations. At a book signing at a local library, Wilson asks the attendees if anyone knows who put the infamous “sixteen words” into President Bush’s State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). No one raises a hand. He then asks if anyone does not know the name of his wife. Again, no hands. Wilson asks: “What’s wrong with this picture? Nobody knows who put a lie in the president’s mouth, yet everybody knows the name of a covert CIA officer simply because she is married to a man who had the temerity to challenge the administration.” (Wilson 2007, pp. 196-199)

Time reporter Matthew Cooper, facing jail time for refusing to honor a subpoena issued by the grand jury investigating the Valerie Plame Wilson CIA identity leak (see August 9, 2004), agrees to make a deposition after his source, vice-presidential chief of staff Lewis Libby, releases him from a confidentiality pledge (see August 5, 2004). (Washington Post 7/3/2007; Washington Post 7/3/2007) Following Cooper’s agreement to testify, contempt charges against him are dismissed. (PBS 8/24/2004; Leonnig 8/25/2004) Time managing editor Jim Kelly will later say: “Matt would have gone to jail if Libby didn’t waive his right to confidentiality… and we would have fought all the way to the Supreme Court. Matt has been absolutely steadfast in his desire to protect anonymous sources.” (Leonnig 8/25/2004) In the deposition, Cooper describes a conversation he had with Libby concerning Plame Wilson’s identity. Cooper will later describe his conversation in an article for Time that will recount his deposition as well as his July 2005 grand jury testimony (see July 13, 2005). According to Cooper, the conversation with Libby was originally on the record, but “moved to background.” On the record, Libby denied that Vice President Cheney knew about, or played any role in, sending Joseph Wilson to Niger (see (February 13, 2002)). On background, Cooper asked Libby if he had heard anything about Wilson’s wife sending her husband to Niger. Libby replied, “Yeah, I’ve heard that too,” or something similar. Cooper says that Libby did not use Plame Wilson’s name. Nor did he indicate that he had learned her name from other reporters, as Libby has claimed (see March 5, 2004, March 24, 2004, and July 10 or 11, 2003). (US District Court for the District of Columbia 9/27/2004 pdf file; Liptak 7/10/2005; Cooper 7/17/2005) Under an agreement with special counsel Patrick Fitzgerald, Cooper is not asked about any other source besides Libby. (US District Court for the District of Columbia 9/27/2004 pdf file)

The DVD cover for ‘Celsius 41.11.’The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). (Justice 9/9/2004; Tierney 9/30/2004)

Columnist Robert Novak, who publicly outed CIA official Valerie Plame Wilson over a year ago (see July 14, 2003), testifies for a third time to FBI agents conducting an investigation into the Plame Wilson identity leak. Novak has already testified to the FBI concerning his sources for the information on Plame Wilson’s CIA status (see October 7, 2003 and February 5, 2004). According to an affidavit subsequently filed by special counsel Patrick Fitzgerald, Novak is testifying to clarify and add information to his earlier testimony regarding his conversations about Plame Wilson with Deputy Secretary of State Richard Armitage (see October 1, 2003). (US District Court for the District of Columbia 9/27/2004 pdf file)

Deputy Secretary of State Richard Armitage testifies for a second time before the grand jury investigating the Plame Wilson identity leak. Armitage has testified to the grand jury before, but information on that testimony will be redacted from publicly available court documents. Armitage was interviewed by FBI agents almost a year before today’s grand jury appearance (see October 1, 2003 and October 2, 2003). In today’s appearance, Armitage denies discussing Valerie Plame Wilson with any reporter other than columnist Robert Novak (see July 14, 2003 and September 14, 2004). (US District Court for the District of Columbia 9/27/2004 pdf file) Armitage is lying; he informed Washington Post reporter Bob Woodward of Plame Wilson’s identity in June 2003 (see June 13, 2003).

Al Hunt and Robert Novak on NBC’s ‘Meet the Press.’Al Hunt and Robert Novak on NBC’s ‘Meet the Press.’ [Source: Washington Post]During a broadcast of CNN’s The Capital Gang, conservative columnist Robert Novak weighs in on the controversy surrounding a recent CBS story on George W. Bush’s National Guard service. The story relied on documents whose authenticity has been questioned. Novak says: “I’d like CBS, at this point, to say where they got those documents from.… I think they should say where they got these documents because I thought it was a very poor job of reporting by CBS.” Novak’s colleague, liberal Al Hunt, retorts: “Robert Novak, you’re saying CBS should reveal its source?… You think reporters ought to reveal sources?” Novak, tardily understanding where Hunt is going, backtracks: “No, no, wait a minute. I’m just saying in that case.” Novak has yet to publicly reveal his sources for his outing of CIA case officer Valerie Plame Wilson (see July 14, 2003). Other reporters who were given Plame Wilson’s name, including the New York Times’s Judith Miller (see June 23, 2003) and Time’s Matthew Cooper (see September 13, 2004), have disclosed their negotiations with special counsel Patrick Fitzgerald over revealing information to his grand jury, but Novak has said nothing on the subject. (Hunt later confirms that, like the vast majority of the Washington pundit corps, he has refrained from asking Novak about the issue, because Novak is “a close friend… it’s uncomfortable.”) Democratic strategist Paul Begala, who spars regularly with Novak on CNN, concurs: “Look, he’s a friend of mine. I know that he can’t talk about it. I respect that fact, so I don’t bring it up.” (Sullivan 12/2004) Novak has spoken with the FBI and with investigators for Fitzgerald three times (see October 7, 2003, February 5, 2004, and September 14, 2004).

CBS’s Ed Bradley.CBS’s Ed Bradley. [Source: Associated Press]CBS News president Andrew Heyward refuses to air a scheduled segment of 60 Minutes II that probes the allegations of the Bush administration deliberately using forged documents to bolster its claim that Iraq attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003)). In a statement, the network says it would be “inappropriate to air the report so close to the presidential election.” The network also decides not to run the piece because it has admitted to using questionable documents in a recent segment showing that President Bush received preferential treatment in joining the Texas Air National Guard during the height of the Vietnam War, and shirked his Guard duties thereafter without consequence. CBS had a team of correspondents and consulting reporters working for six months on the segment, and landed the first-ever on-camera interview with Italian journalist Elisabetta Burba, the first reporter to see the forged documents that formed the basis of the uranium allegations. (The CBS reporters also interviewed Burba’s source, information peddler Rocco Martino, but chose not to air any of that footage, and do not disclose Martino’s identity in the piece. Neither does the segment explore why the FBI has so far been reluctant to interview Martino in its investigation of the fraudulent uranium allegations.) The segment is later described by Newsweek journalists Michael Isikoff and Mark Hosenball as a hard-hitting investigative piece that “ask[s] tough questions about how the White House came to embrace the fraudulent documents and why administration officials chose to include a 16-word reference to the questionable uranium purchase in President Bush’s 2003 State of the Union speech” (see Mid-January 2003 and 9:01 pm January 28, 2003), and by Salon reporter Mary Jacoby as “making a powerful case that in trying to build support for the Iraq war, the Bush administration either knowingly deceived the American people about Saddam Hussein’s nuclear capabilities or was grossly credulous.… The report contains little new information, but it is powerfully, coherently, and credibly reported.” One of the central aspects of the segment is anchor Ed Bradley’s interview with Dr. Jafar Dhia Jafar, the former chief of Iraq’s nuclear program. Jafar confirms to Bradley that Iraq had dismantled its nuclear program after the Gulf War in the face of United Nations inspections. “So what was going on?” Bradley asks. “Nothing was going on,” Jafar replies. He says the Bush administration was either “being fed with the wrong information” or “they were doing this deliberately.” Another powerful moment is a clip from a German interview with the former foreign minister of Niger, Allele Habibou, whose signature appears on one of the forged documents. The document was dated 2000, but Habibou had been out of the government for 11 years by that point. “I only found out about this when my grandchildren found this on the Internet. I was shocked,” he says. The story is twice as long as the usual 15-minute segments broadcast on the show. Bradley, who narrates the report, is reportedly furious at the decision not to broadcast the segment. Jacoby concludes, ”60 Minutes defied the White House to produce this report. But it could not survive the network’s cowardice—cowardice born of self-inflicted wounds.” (Isikoff and Hosenball 9/23/2004; Jacoby 9/29/2004) The story will finally run on 60 Minutes almost two years later (see April 23, 2006).

Deputy White House chief of staff Karl Rove, President Bush’s top political adviser, testifies for a third time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). (The date of Rove’s second testimony to the grand jury is not publicly known, though Newsweek’s Michael Isikoff later says Rove testified twice in February 2004.) Rove tells the jury that he spoke with Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003), a conversation he has failed to disclose in previous testimony both before the jury and when interviewed by FBI agents (see October 8, 2003 and February 2004). Rove now says he recalls speaking with Cooper, but cannot remember details of their conversation. His lawyer, Robert Luskin, says Rove “answered fully and truthfully every one of their questions,” and did not try to avoid answering questions on legal grounds. White House press secretary Scott McClellan says that Rove’s testimony shows he is “doing his part to cooperate” in the probe. Terry McAuliffe, the chairman of the Democratic National Committee, charges that Rove and other Bush aides are refusing to tell the public everything they know about the outing of Plame Wilson as a CIA official. “Karl Rove needs to come clean and tell us what he told the grand jury today,” McAuliffe says. Luskin claims that Rove has been informed he is not a target of the inquiry. (Novak 10/15/2004; Johnston 10/16/2004; Waas 4/28/2006; Isikoff and Thomas 5/8/2006)
Names Libby - Rove informs the jury that he may have learned of Plame Wilson’s identity from former White House official Lewis Libby, the chief of staff to Vice President Dick Cheney. Almost a year later, the Washington Post will learn of Rove’s naming of Libby from “a source familiar with Rove’s account.” Days before Plame Wilson’s identity was publicly revealed (see July 14, 2003), Libby and Rove discussed conversations they had had with Cooper and other, unnamed reporters. Both Plame Wilson’s CIA identity and her husband, war critic Joseph Wilson, were discussed, Rove tells the jury. He says that his conversations with Libby were confined to information the two men heard from reporters. He also says he heard about Plame Wilson’s CIA identity from “someone outside the White House,” but cannot recall that person’s identity. (VandeHei and Leonnig 10/20/2005)
Claim of Memory Failure - Rove has claimed not to remember the conversation between himself and Cooper, but has recently found an e-mail he sent to Deputy National Security Adviser Stephen Hadley confirming the conversation (see After 11:07 a.m. July 11, 2003). Rove and Luskin claim that Rove only recently found the e-mail and immediately turned it over to Fitzgerald’s investigators. They claim that Rove never intended to withhold evidence from the investigation. (Johnston and Stevenson 11/4/2005)
Kerry Campaign Calls for Full Disclosure from White House - Joe Lockhart, the campaign spokesman for the presidential campaign of John Kerry (D-MA), says: “With two weeks to go before the election, the American people are still in the dark about how it is that their White House leaked the name of an undercover CIA operative to the press, jeopardizing the life of this agent and possibly violating federal law. Instead of hiding behind the lawyers he so often likes to criticize, George Bush should direct Karl Rove and anyone else involved to go to the White House briefing room and come clean about their role in this insidious act.” (Greive 10/15/2004)

Columnist and media observer Allan Wolper notes that while conservative columnist Robert Novak, who outed CIA agent Valerie Plame Wilson apparently at the behest of the White House (see July 14, 2003), continues to “spout… off in his syndicated column, he keeps a secret he would not permit any politician to get away with.” Wolper is writing of Novak’s continued refusal to divulge whether he was subpoenaed by the grand jury investigating the case, or if he testified before that grand jury. Wolper calls it an “untenable ethical position,” and bolsters his position with observations from media ethicists such as Robert Steele, the director of ethics for the Poynter Institute of Media Studies. “If he has a justifiable reason to withhold that information, he should give a reason why,” Steele says. “Otherwise, he is undermining his credibility as an honest broker of ethical journalism. If he were on the other side, he would challenge journalists for not saying anything.” Novak is defended by, among others, Washington Post reporter and assistant managing editor Bob Woodward, who says: “Bob Novak has taken a stand that is supported by many in the press. He is protecting his sources. He has done nothing that is illegal or improper.” (Wolper is unaware as of this writing that Woodward has his own secondary involvement in the case, having been himself told of Plame Wilson’s identity several times before (see June 13, 2003, June 23, 2003, and June 27, 2003).) Wolper notes that while Novak has refused to speak about subpoenas or testimonies, Post reporters Glenn Kessler and Walter Pincus have both given sworn depositions to the grand jury (see June 22, 2004 and September 15, 2004). Wolper writes, “They might have been able to fight off their subpoenas if their lawyers had known whether Novak… had been called by the grand jury.” Aside from Kessler and Pincus, Time reporter Matthew Cooper (see July 17, 2003) testified after being threatened with jail (see May 21, 2004, August 24, 2004, July 6, 2005, and July 13, 2005), and New York Times reporter Judith Miller is facing jail rather than testify (see December 2004). “Novak has an obligation to own up,” Wolper writes. Instead, “Novak continues to live a charmed life in journalism, writing his column and appearing regularly on CNN, where he is never challenged.” CNN media critic Jeff Greenfield says of Novak’s case, “I haven’t thought it through. I don’t want to talk about it, because I have no opinion on it.” Jack Nelson, the retired bureau chief of the Los Angeles Times, says: “This whole thing is really strange. Novak was the guy who wrote the column that exposed the CIA agent, and yet they don’t seem to be going after him.” (Wolper 12/1/2004)

Alex Ben Lock of Television Week writes: “We have seen in the past year the rise of the Fox News Channel, founded only in 1996 (see October 7, 1996), as one of the most important news media of our culture.… Fox has engaged an even larger audience that is amazingly loyal to the FNC brand.… Fox News, in combination with a network of conservative talk radio commentators, has changed the way many Americans process news—despite or maybe because of the adamant opposition of numerous intellectuals, journalists, celebrities, and others who still can’t believe what has happened” (see October 13, 2009). (Jamieson and Cappella 2008, pp. 48)

A popular image of Adolf Hitler, created in the style of the 2008 Obama campaign poster and using the campaign slogan ‘Yes We Can,’ posted on Podblanc in 2009.A popular image of Adolf Hitler, created in the style of the 2008 Obama campaign poster and using the campaign slogan ‘Yes We Can,’ posted on Podblanc in 2009. [Source: Podblanc / OccupiedOregon (.com)]Avowed white supremacist Craig Cobb (see October 31, 2005) moves to Estonia and founds Podblanc, an Internet-based videosharing Web site. It is similar to YouTube, but Cobb and his supporters refuse to use that facility, calling it “Jew Tube” because its operators censor racist and anti-Semitic content. Podblanc offers over 1,000 channels of video content, including combat handgun training, bomb-making tutorials, a description of security measures at three northern California synagogues, and an audio recording of The Turner Diaries, the infamous race-war fantasy novel (see 1978). The most popular video on the site shows Russian neo-Nazis beheading and shooting Asiatic immigrants; other popular videos show skinheads attacking random Jewish and minority victims. Cobb was a member of the violent World Church of the Creator (WCOTC) until its collapse after its leader, Matthew Hale, was arrested for soliciting the murder of a judge (see January 9, 2003 and 2004-2005). Cobb posted the name and home address of the judge on the internet, which may have led to the murder of her husband and mother (see February 28, 2005). Cobb has also attended events sponsored by the neo-Nazi National Alliance (see 1970-1974), and distributes “The Aryan Alternative,” a white supremacist periodical written by Alex Linder, the founder of the Vanguard News Network (VNN), and published by former White Patriot Party leader Glenn Miller. Cobb documents WCOTC, VNN, and other organizations and events on Podblanc. Estonian authorities will force Cobb to leave their country in 2009; in 2010, Podblanc will go dormant when its host decides to refuse to carry its racist and violent content any longer. (Southern Poverty Law Center 6/2007; Southern Poverty Law Center 6/2009; Anti-Racist Canada 6/25/2010)

Matt Cooper and Judith Miller.Matt Cooper and Judith Miller. [Source: Paul J.Richards / AFP / Getty Images (left) and New York Times (right)]An appeals court rules 3-0 that reporters Judith Miller (see August 12, 2004 and After) and Matthew Cooper (see October 13, 2004) must testify in the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Both the New York Times and Time magazine will appeal the ruling to a full appeals court and eventually to the Supreme Court (see June 27, 2005). The appeals court rules that because Miller and Cooper may have witnessed a federal crime—the disclosure of Plame Wilson’s covert CIA identity by government officials (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, 2:24 p.m. July 12, 2003, and 11:00 a.m. July 11, 2003)—the First Amendment does not protect them from testifying to the possible crime. The court finds that a 1972 Supreme Court ruling, Branzburg v. Hayes, applies: in that case, a reporter was ordered to testify about witnessing the production of illegal drugs. Writing for the appeals court, Judge David Sentelle notes that the Supreme Court “stated that it could not ‘seriously entertain the notion that the First Amendment protects the newsman’s agreement to conceal the criminal conduct of his source, or evidence thereof, on the theory that it is better to write about a crime than to do something about it.’” (United States Court of Appeals for the District of Columbia Circuit 12/8/2004 pdf file; Washington Post 7/3/2007) Times publisher Arthur Sulzberger says of the ruling: “The Times will continue to fight for the ability of journalists to provide the people of this nation with the essential information they need to evaluate issues affecting our country and the world. And we will challenge today’s decision and advocate for a federal shield law that will enable the public to continue to learn about matters that directly affect their lives.” Miller says, “I risk going to jail for a story I didn’t write, for reasons a court won’t explain.” (Liptak 2/16/2005)

Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel (OLC), issues a finding that the government’s use of “video news releases” (VNRs—see March 15, 2004 and May 19, 2004) is not propaganda and therefore not illegal. The VNRs might be “covert,” he writes, since the government actively misled viewers as to their source, but they are not “propaganda,” since they merely explain government programs and facts, and do not espouse a political point of view. Because OLC opinions are legally binding, Bradbury’s “advisory opinion” effectively precludes White House and other agency officials from being prosecuted for authorizing the VNRs, and the practice continues. The General Accounting Office (GAO) rejects Bradbury’s finding and continues to insist that the VNRs are unethical and illegal. (Savage 2007, pp. 172-173) Two months later, Congress will prohibit the government’s use of VNRs (see May 2005).

Stations such as Los Angeles’s KABC-TV routinely re-edit graphics to fit their own formatting. The graphic on the left was part of a VNR produced by a private firm; on the right is KABC’s edited graphic.Stations such as Los Angeles’s KABC-TV routinely re-edit graphics to fit their own formatting. The graphic on the left was part of a VNR produced by a private firm; on the right is KABC’s edited graphic. [Source: PRWatch (.org)] (click image to enlarge)An investigation by the New York Times reveals that the government’s use of “video news releases,” or so-called “fake news” reports provided by the government and presented to television news viewers as real news (see March 15, 2004), has been used by far more government agencies than previously reported. The Times report finds that VNRs from the State Department, the Transportation Security Administration (TSA), and the Agriculture Department are among the agencies providing VNRs to local television news broadcasters. Previous media reports focused largely on the VNRs provided by the Department of Health and Human Services to tout the Bush administration’s Medicare proposals. The Times finds that “at least 20 federal agencies, including the Defense Department and the Census Bureau, have made and distributed hundreds of television news segments in the past four years.… Many were subsequently broadcast on local stations across the country without any acknowledgement of the government’s role in their production.… [T]he [Bush] administration’s efforts to generate positive news coverage have been considerably more pervasive than previously known. At the same time, records and interviews suggest widespread complicity or negligence by television stations, given industry ethics standards that discourage the broadcast of prepackaged news segments from any outside group without revealing the source.”
VNRs Presented as Actual News - While government VNRs are generally labeled as being government productions on the film canister or video label, the VNRs themselves are designed, the Times writes, “to fit seamlessly into the typical local news broadcast. In most cases, the ‘reporters’ are careful not to state in the segment that they work for the government. Their reports generally avoid overt ideological appeals. Instead, the government’s news-making apparatus has produced a quiet drumbeat of broadcasts describing a vigilant and compassionate administration.” The VNRs often feature highly choreographed “interviews” with senior administration officials, “in which questions are scripted and answers rehearsed. Critics, though, are excluded, as are any hints of mismanagement, waste or controversy.”
Benefits to All except News Consumers - The Times explains how VNRs benefit the Bush administration, private public relations firms, networks, and local broadcasters: “Local affiliates are spared the expense of digging up original material. Public relations firms secure government contracts worth millions of dollars. The major networks, which help distribute the releases, collect fees from the government agencies that produce segments and the affiliates that show them. The administration, meanwhile, gets out an unfiltered message, delivered in the guise of traditional reporting.” News viewers, however, receive propaganda messages masquerading as real, supposedly impartial news reports.
Ducking Responsibility - Administration officials deny any responsibility for the use of VNRs as “real” news. “Talk to the television stations that ran it without attribution,” says William Pierce, a spokesman for the Department of Health and Human Services. “This is not our problem. We can’t be held responsible for their actions.” But the Government Accountability Office (GAO) has disagreed, calling the use of government-produced VNRs “covert propaganda” because news viewers do not know that the segments they are watching are government productions (see May 19, 2004). However, the Office of Management and Budget (OMB) and the Justice Department (see March 2005) have called the practice legal, and instructed executive branch agencies to merely ignore the GAO findings.
Creative Editing - The Times gives an example of how seamlessly government-produced propaganda can be transformed into seemingly real news segments. In one segment recently provided by the Agriculture Department, the agency’s narrator ends the segment by saying, “In Princess Anne, Maryland, I’m Pat O’Leary reporting for the US Department of Agriculture.” The segment is distributed by AgDay, a syndicated farm news program shown on some 160 stations; the segment is introduced as being by “AgDay’s Pat O’Leary.” The final sentence was edited to state: “In Princess Anne, Maryland, I’m Pat O’Leary reporting.” Final result: viewers are unaware that the AgDay segment is actually an Agriculture Department production. AgDay executive producer Brian Conrady defends the practice: “We can clip ‘Department of Agriculture’ at our choosing. The material we get from the [agency], if we choose to air it and how we choose to air it is our choice.” The public relations industry agrees with Conrady; many large PR firms produce VNRs both for government and corporate use, and the Public Relations Society of America gives an annual award, the Bronze Anvil, for the year’s best VNR.
Complicity by News Broadcasters - Several major television networks help distribute VNRs. Fox News has a contract with PR firm Medialink to distribute VNRs to 130 affiliates through its video feed service, Fox News Edge. CNN distributes VNRs to 750 stations in the US and Canada through its feed service, CNN Newsource. The Associated Press’s television news distributor does the same with its Global Video Wire. Fox News Edge director David Winstrom says: “We look at them and determine whether we want them to be on the feed. If I got one that said tobacco cures cancer or something like that, I would kill it.” TVA Productions, a VNR producer and distributor, says in a sales pitch to potential clients, “No TV news organization has the resources in labor, time or funds to cover every worthy story.” Almost “90 percent of TV newsrooms now rely on video news releases,” it claims. The reach can be enormous. Government-produced VNRs from the Office of National Drug Control Policy reached some 22 million households over 300 news stations. And news stations often re-record the voiceover of VNRs by their own reporters, adding to the illusion that their own reporters, and not government or PR employees, are doing the actual reporting.
Office of Broadcasting Services - The State Department’s Office of Broadcasting Services (OBS) employs around 30 editors and technicians, who before 2002 primarily distributed video from news conferences. But in early 2002, the OBS began working with close White House supervision to produce narrated feature reports promoting American policies and achievements in Afghanistan and Iraq, and supporting the Bush administration’s rationale for invading those countries. Between 2002 and now, the State Department has produced 59 such segments, which were distributed to hundreds of domestic and international television broadcasters. The State Department says that US laws prohibiting the domestic dissemination of propaganda don’t apply to the OBS. Besides, says State Department spokesman Richard Boucher: “Our goal is to put out facts and the truth. We’re not a propaganda agency.” State Department official Patricia Harrison told Congress last year that such “good news” segments are “powerful strategic tools” for influencing public opinion. The Times reports that “a review of the department’s segments reveals a body of work in sync with the political objectives set forth by the White House communications team after 9/11.” One June 2003 VNR produced by the OBS depicts US efforts to distribute food and water to the people of southern Iraq. The unidentified narrator condluded, “After living for decades in fear, they are now receiving assistance—and building trust—with their coalition liberators.” OBS produced several segments about the liberation of Afghan women; a January 2003 memo called the segments “prime example[s]” of how “White House-led efforts could facilitate strategic, proactive communications in the war on terror.” OBS typically distributes VNRs through international news organizations such as Reuters and the Associated Press, which then distribute them to major US networks, which in turn transmit them to local affiliates.
The Pentagon Channel and 'Hometown News' - In 2004, the Defense Department began providing The Pentagon Channel, formerly an in-house service, to cable and satellite operators in the US. The content is provided by Pentagon public relations specialists who produce “news reports” identical to those produced by local and national news broadcasters. And the content is free. The Pentagon Channel’s content is supplemented by the Army and Air Force Hometown News Service (HNS), a 40-man unit that produces VNRs for local broadcasters focusing on the accomplishments of “hometown” soldiers. Deputy director Larry Gilliam says of the service, “We’re the ‘good news’ people.” Their reports, tailored for specific local stations, reached 41 million households in 2004. But the service’s VNRs sometimes go beyond celebrating a hometown hero. Weeks after the Abu Ghraib scandal broke, HNS released a VNR that lauded the training of military policemen at Missouri’s Fort Leonard Wood, where many of the MPs involved in the scandal were trained. “One of the most important lessons they learn is to treat prisoners strictly but fairly,” the “reporter” in the segment says. A trainer tells the narrator that MPs are taught to “treat others as they would want to be treated.” Gilliam says the MP report had nothing to do with the Pentagon’s desire to defend itself from accusations of mistreatment and prisoner abuse. “Are you saying that the Pentagon called down and said, ‘We need some good publicity?’” Gilliam asks the Times reporter. He answers his own question, “No, not at all.” (Barstow and Stein 3/13/2005)
Congress Bans Use of Government VNRs - Two months after the Times article is published, Congress will ban the use of government VNRs for propaganda purposes (see May 2005).

Congress passes a law clarifying and expanding its earlier ban on government propaganda. The new law bans the use of federal money to produce any news story (see March 2005) that does not openly acknowledge the government’s role in producing and slanting that story. The new law dramatically restricts the ability of the federal government to produce and disseminate fake news stories (VNRs—see March 15, 2004 and May 19, 2004) in local news broadcasts. (Savage 2007, pp. 173)

Outgoing Undersecretary of Defense Douglas Feith, one of the key architects of the Iraq occupation, is bemused by the fact that, despite his predictions and those of his neoconservative colleagues, Iraq is teetering on the edge of all-out civil war. He has come under fire from both political enemies and former supporters, with Senator Carl Levin (D-MI) accusing him of deceiving both the White House and Congress, and fellow neoconservative William Kristol accusing him of “being an agent of” disgraced Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006). Feith defends the invasion of Iraq, calling it “an operation to prevent the next, as it were, 9/11,” and noting that the failure to find WMD is essentially irrelevant to the justification for the war. “There’s a certain revisionism in people looking back and identifying the main intelligence error [the assumption of stockpiles] and then saying that our entire policy was built on that error.” Feith is apparently ignoring the fact that the administration’s arguments for invading Iraq—including many of his own assertions—were built almost entirely on the “error” of the Iraqi WMD threat (see July 30, 2001, Summer 2001, September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, September 19-20, 2001, September 20, 2001, October 14, 2001, November 14, 2001, 2002, 2002-March 2003, February 2002, Summer 2002, August 26, 2002, September 3, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 10, 2002, September 12, 2002, Late September 2002, September 19, 2002, September 24, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 12, 2002, January 9, 2003, February 3, 2003, February 5, 2003, February 8, 2003, March 22, 2003, and March 23, 2003, among others).
Cultural Understanding Did Not Lead to Success - Feith says he is not sure why what he describes as his deep understanding of Iraqi culture did not lead to accurate predictions of the welcome the US would receive from the Iraqi people (see November 18-19, 2001, 2002-2003, September 9, 2002, and October 11, 2002). “There’s a paradox I’ve never been able to work out,” he says. “It helps to be deeply knowledgeable about an area—to know the people, to know the language, to know the history, the culture, the literature. But it is not a guarantee that you will have the right strategy or policy as a matter of statecraft for dealing with that area. You see, the great experts in certain areas sometimes get it fundamentally wrong.” Who got it right? President Bush, he says. “[E]xpertise is a very good thing, but it is not the same thing as sound judgment regarding strategy and policy. George W. Bush has more insight, because of his knowledge of human beings and his sense of history, about the motive force, the craving for freedom and participation in self-rule, than do many of the language experts and history experts and culture experts.”
'Flowers in Their Minds' - When a reporter notes that Iraqis had not, as promised, greeted American soldiers with flowers, Feith responds that they were still too intimidated by their fear of the overthrown Hussein regime to physically express their gratitude. “But,” he says, “they had flowers in their minds.” (Goldberg 5/9/2005; Scoblic 2008, pp. 228-229)

Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel, issues a classified memo. The contents and the recipient remain secret, but the American Civil Liberties Union (ACLU) will later determine the memo deals with the use of “enhanced interrogation techniques” by the CIA. In early May, Bradbury determined that none of the CIA’s past or present interrogation methods violated either federal or international standards (see May 10, 2005). (American Civil Liberties Union [PDF] 1/28/2009 pdf file)

W. Mark Felt.W. Mark Felt. [Source: Life Distilled.com]The identity of “Deep Throat,” the Watergate source made famous in Carl Bernstein and Bob Woodward’s book All the President’s Men, is revealed to have been W. Mark Felt, who at the time was the deputy director of the FBI. As “Deep Throat,” Felt provided critical information and guidance for Bernstein and Woodward’s investigations of the Watergate conspiracy for the Washington Post. Felt’s identity has been a closely guarded secret for over 30 years; Woodward, who knew Felt, had repeatedly said that neither he, Bernstein, nor then-editor Ben Bradlee would release any information about his source’s identity until after his death or until Felt authorized its revelation. Felt’s family confirms Felt’s identity as “Deep Throat” in an article published in Vanity Fair. Felt, 91 years old, suffers from advanced senile dementia. Felt’s character as the romantic government source whispering explosive secrets from the recesses of a Washington, DC, parking garage was burned into the American psyche both by the book and by actor Hal Holbrook’s portrayal in the 1976 film of the same name. Woodward says that Holbrook’s portrayal captured Felt’s character both physically and psychologically. (Drehle 6/1/2005) Bernstein and Woodward release a joint statement after the Vanity Fair article is published. It reads, “W. Mark Felt was Deep Throat and helped us immeasurably in our Watergate coverage. However, as the record shows, many other sources and officials assisted us and other reporters for the hundreds of stories written in the Washington Post.” (Woodward 2005, pp. 232)
Surveillance Methods to Protect Both Felt and Woodward - Felt used his experience as an anti-Nazi spy hunter for the FBI to set up secret meetings between himself and the young reporter (see August 1972). “He knew he was taking a monumental risk,” says Woodward. Woodward acknowledges that his continued refusal to reveal Felt’s identity has played a key role in the advancement of his career as a journalist and author, as many sources trust Woodward to keep their identities secret as he did Felt’s.
Obscuring the Greater Meaning - Bernstein cautions that focusing on Felt’s role as a “deep background” source—the source of the nickname, which references a popular 1970s pornographic movie—obscures the greater meaning of the Watergate investigation. “Felt’s role in all this can be overstated,” Bernstein says. “When we wrote the book, we didn’t think his role would achieve such mythical dimensions. You see there that Felt/Deep Throat largely confirmed information we had already gotten from other sources.” (Drehle 6/1/2005) Felt was convicted in 1980 of conspiring to violate the civil rights of domestic dissidents belonging to the Weather Underground movement in the early 1970s; Felt was pardoned by then-President Ronald Reagan. (Woodward 2005, pp. 146-147) At that time, Felt’s identity as “Deep Throat” could have been revealed, but was not.
Felt, Daughter Decide to Go Public - The Vanity Fair article is by Felt family lawyer John D. O’Connor, who helped Felt’s daughter Joan coax Felt into admitting his role as “Deep Throat.” O’Connor’s article quotes Felt as saying, “I’m the guy they used to call Deep Throat.” O’Connor says he wrote the article with the permission of both Felt and his daughter. Woodward has been reluctant to reveal Felt’s identity, though he has already written an as-yet unpublished book about Felt and their relationship, because of his concerns about Felt’s failing health and increasingly poor memory. The Washington Post’s editors concluded that with the publication of the Vanity Fair article, they were not breaking any confidences by confirming Felt’s identity as Woodward’s Watergate source. (Drehle 6/1/2005)
Endless Speculation - The identity of “Deep Throat” has been one of the enduring political mysteries of the last 30 years. Many observers, from Richard Nixon to the most obscure Internet sleuth, have speculated on his identity. Watergate-era figures, including then-Secretary of State Henry Kissinger, Nixon speechwriter Pat Buchanan, Nixon deputy counsel Fred Fielding, Nixon chief of staff Alexander Haig, National Security Council staffers Laurence Lynn and Winston Lord, then-CBS reporter Diane Sawyer, and many others, have been advanced as possibilities for the source. Former White House counsels John Dean and Leonard Garment, two key Watergate figures, have written extensively on the subject, but both have been wrong in their speculations. In 1992, Atlantic Monthly journalist James Mann wrote that “Deep Throat” “could well have been Mark Felt.” At the time, Felt cautiously denied the charge, as he did in his 1979 memoir, The FBI Pyramid. (Woodward 2005, pp. 153-156; Drehle 6/1/2005) In 1999, the Hartford Courant published a story saying that 19-year old Chase Coleman-Beckman identified Felt as “Deep Throat.” Coleman-Beckman had attended a day camp with Bernstein’s son Josh a decade earlier, and Josh Bernstein then told her that Felt was Woodward’s source. Felt then denied the charge, telling a reporter: “No, it’s not me. I would have done better. I would have been more effective. Deep Throat didn’t exactly bring the White House crashing down, did he?” Woodward calls Felt’s response a classic Felt evasion. (Woodward 2005, pp. 158-159)
Motivated by Anger, Concern over Politicization of the FBI - Woodward believes that Felt decided to become a background source for several reasons both personal and ideological. Felt, who idealized former FBI Director J. Edgar Hoover, was angered that he was passed over for the job upon Hoover’s death; instead, the position went to L. Patrick Gray, whom Felt considered both incompetent and far too politically aligned with the Nixon White House. The FBI could not become an arm of the White House, Felt believed, and could not be allowed to help Nixon cover up his participation in the conspiracy. He decided to help Woodward and Bernstein in their often-lonely investigation of the burgeoning Watergate scandal. Woodward and Bernstein never identified Felt as anyone other than “a source in the executive branch who had access” to high-level information. Felt refused to be directly quoted, even as an anonymous source, and would not give information, but would merely confirm or deny it as well as “add[ing] some perspective.” Some of Woodward and Felt’s conversations were strictly business, but sometimes they would wax more philosophical, discussing, in the words of the book, “how politics had infiltrated every corner of government—a strong-arm takeover of the agencies by the Nixon White House…. [Felt] had once called it the ‘switchblade mentality’—and had referred to the willingness of the president’s men to fight dirty and for keeps…. The Nixon White House worried him. ‘They are underhanded and unknowable,’ he had said numerous times. He also distrusted the press. ‘I don’t like newspapers,’ he had said flatly.” (Woodward 2005, pp. 167-215; Drehle 6/1/2005)

’Life rune’ flag flown by National Vanguard.’Life rune’ flag flown by National Vanguard. [Source: Kevin Alfred Strom]An analysis by a progressive watchdog organization, the Southern Poverty Law Center, concludes that the neo-Nazi National Alliance is moribund, ineffective, and being fatally riven by internal power struggles. Once a leading organization of the neo-Nazi, white supremacist right, the Alliance has, the SPLC reports, “lost almost all of its key leaders [and] most of its income and its prestige. Its chairman recently stepped down under fire. And, with a hemorrhage of followers flowing into other groups, the Alliance’s dues-paying membership has plunged to under 200 people, less than a seventh its size just three years ago.”
Death of Founder Triggered Crisis - The problems began in July 2002 when the National Alliance’s founder and leader William Pierce (see 1970-1974 and 1978) died unexpectedly (see July 23, 2002). Pierce was replaced by Erich Gliebe. Gliebe was disliked almost from the time he took over the organization, and further alienated members by inviting strippers to pose for an Alliance calendar, paying himself far more than other staffers, routinely lying to his followers, and wrecking businesses that the organization used to help fund it.
Parade of Charges and Resignations - In August 2004, David Pringle, the organization’s popular membership coordinator, resigned after releasing an essay that charged Gliebe and Alliance COO Shaun Walker of mismanagement and financial fraud. “The days of Erich Josef Gliebe telling people to ‘keep quiet’ about internal problems because ‘our enemies’ might exploit the situation are over,” Pringle wrote. “In the last year, ‘our enemies’ have not made disastrous decisions that have cost us most of our cash savings. Our leaders have. Our enemies have not caused us to lose more than half of our rank-and-file membership and almost two thirds of our organizational revenue in the last year. Our leaders have.” Gliebe and Walker were derided by Alliance members, who called then the “Dues Brothers” and accused them of everything from wasting Alliance money to outright theft. In November 2004, almost the entire North Carolina chapter, one of the Alliance’s strongest contingents, quit en masse. In December 2004 the coordinator of a Washington State chapter quit, calling the Alliance’s leadership “unethical.” In January 2005, the coordinator of a Tennessee unit quit, saying he had “lost faith” in the Alliance. Members of a New Jersey chapter lambasted Gliebe when he addressed their unit, accusing him of consorting with former Playboy model and lap dancer Erika Snyder and questioning his “moral character” (a similar controversy plagued another white supremacist organization, Aryan Nations, when its aging leader, Richard Butler, was found to have been “consorting” with a Latina porn star—see November 2003). The Alliance promptly ejected two prominent members, Robert Minnerly and Internet radio host Hal Turner, who led the questioning of Gliebe. In April 2005, former Alliance member Jamie Kelso, who is well connected in the white supremacist community (see March 1995), posted on the Internet, “The revolt against misrule by two people at the top that began when David Pringle resigned in protest… has now expanded to what must be over 90 percent of us.”
Power Struggle - Kelso’s words were given credence when on April 11, Gliebe and Walker cancelled the organization’s semi-annual leadership conference after learning that a prominent member, probably Alliance radio host Kevin Alfred Strom, was planning on publicly confronting Gliebe during the conference. Three days later, Strom transferred ownership of the Web site of the Alliance’s National Vanguard Books to Palladian Books in Virginia, a firm owned by Strom and his wife. Strom was ejected from the Alliance two days later, followed by a number of other prominent Alliance leaders, including April Gaede, whose daughters comprise the neo-Nazi rock band “Prussian Blue.” Pringle wrote on April 16, “At this point, every single NA unit is in disarray and open revolt.” A day later, most of the Cincinnati unit announced that it would no longer pay dues to the national headquarters, and on April 18, a large group of “rebels” published a “historic declaration” criticizing Gliebe and Walker, demanding Walker’s demotion and asking Gliebe to give up ownership of several of the Alliance’s enterprises and put them in the hands of an expanded board. The “rebels” included Strom and 140 key activists and unit members (by April’s end, that number swelled to over 230). Gliebe responded by dissolving the entire executive board, calling it a “springboard” for a “power play” by his enemies. On April 24, Gliebe accused Strom and others of attempting a “coup” against him and of targeting him with what he called “a massive smear campaign” orchestrated by “our enemies.” A day later, Gliebe stepped down as chairman “to devote more time to family matters,” leaving Walker as de factor chairman of the Alliance. Strom had already announced the formation of a rival organization, the National Vanguard, to be run by himself and other former Alliance members.
National Vanguard, Possible Reorganization - By June 2005, National Vanguard had formed some 15 chapters around the country, but some knowledgeable observers say Strom is too interested in money and lacking in leadership. Gliebe still controls the Alliance’s Resistance Records (see Late 1993), the organization’s West Virginia compound, and other assets, and some efforts to reorganize the Alliance are apparently underway. The SPLC concludes: “What is certain is that the Alliance, for the most part, is a hollow shell. It has lost almost all its well-known leaders, and its prestige has never been lower. Its moneymaking operations, National Vanguard Books and Resistance Records, are no longer making a profit.” One Internet forum poster may have summed the entire situation up, the SPLC reports, in saying: “Gliebe can’t kill the NA. It’s already dead.” (Potok 6/2005)

Former FBI Director L. Patrick Gray, who resigned under fire during the Watergate investigation (see April 27-30, 1973), appears on ABC’s This Week to respond to the recent revelation that his then-deputy, W. Mark Felt, was the notorious informant “Deep Throat” (see May 31, 2005). Thirty years before, Felt had lied to Gray when asked if he had leaked information to the press (see October 19, 1972). Gray, whose health is in serious decline, airs decades’ worth of pent-up grievances against both Felt and the Nixon administration, which he says left him to “twist slowly, slowly in the wind” (Nixon aide John Ehrlichman’s words—see Late March, 1973) after he admitted giving information about the Watergate investigation to White House staffers (see June 28, 1972 and July 21, 1972). He felt “anger, anger of the fiercest sort” after hearing Ehrlichman’s words, and adds, “I could not believe that those guys were as rotten as they were turning out to be.” He was justified in burning key White House documents instead of turning them over to the FBI (see Late December 1972), he says, because the documents were unrelated to the Watergate investigation. Learning that Felt, his trusted deputy, was “Deep Throat” was, Gray says, “like [being] hit with a tremendous sledgehammer.” Gray says that if he could, he would ask Felt: “Mark, why? Why didn’t you come to me? Why didn’t we work it out together?” Gray says he now realizes that he could not stop the FBI from leaking information to the press because Felt was in charge of stopping the leaks. “I think he fooled me… by being the perfect example of the FBI agent that he was.… He did his job well, he did it thoroughly, and I trusted him all along, and I was, I can’t begin to tell you how deep was my shock and my grief when I found that it was Mark Felt.” Two weeks after the interview, Gray will die of cancer. (Johnston 6/26/2005; Roberts 2008, pp. 151) After Gray’s death, his son Ed Gray will call his father “the only wholly honest” man involved in Watergate. (Associated Press 7/6/2005)

A few days after the Supreme Court’s refusal to quash the subpoenas of two reporters in the Valerie Plame Wilson case (see June 27, 2005), Plame Wilson and her husband, Joseph Wilson, pass one of the reporters, Matthew Cooper, on the street. Cooper buttonholes Wilson and, obviously struggling with himself, asks, “Could you do something for me?” Cooper asks Wilson if he would write the judge who ruled against Cooper and fellow reporter Judith Miller (see August 9, 2004) a letter asking for leniency for him. Wilson, whom his wife will describe as “taken aback,” tells Cooper that he will ask his lawyer about the request. Over dinner, the Wilsons marvel over Cooper’s request. They wonder if “Matt [had] momentarily lost his mind.” Plame Wilson will write: “A request from Joe for leniency on Matt’s behalf would carry little or no weight with the presiding judge. More pointedly, it was obviously in our interest to have the reporters testify. We, along with the entire country, wanted to hear what they would say under oath. We wanted to know what sources in the administration had leaked my name to the media, thereby undermining our national security.” More generally, Plame Wilson will reflect: “In the debate over whether reporters should be compelled to reveal their sources, it seemed to me that some of the leading advocates of reporters’ First Amendment rights had lost sight of a basic fact in this case: people in the administration had used reporters to advance their own political agenda. That alone is not unusual, or even criminal. But the reporters’ refusal to testify would not help to uncover government wrongdoing, but assist officials who wanted to cover up their illegal behavior. It was the Pentagon Papers (see March 1971) or Watergate (see June 15, 1974) turned on its head.… [T]his particular case was not about the freedom of the press, or about reporters’ roles as watchdogs on behalf of the governed, the citizens of this country. These reporters were allowing themselves to be exploited by the administration and were obstructing the investigation. It didn’t make much ethical sense to me.” (Wilson 2007, pp. 220-221)

According to CounterPunch, the Italian Parliament releases a report on the forged Iraq-Niger uranium documents (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The report names four people as the most likely forgers: neoconservative Michael Ledeen (see April 3, 2005), former CIA agent Duane Clarridge (see Late 1998), Iraqi National Congress (INC) head Ahmed Chalabi (see 1992-1996 and February 2002), and Chalabi’s close friend and colleague Francis Brooke, who belongs to the Rendon Group, a public relations group formed by the Pentagon in part to promote Chalabi and the INC (see May 1991 and Mid-December 2003). The report suggests the forgeries may have been planeed at a December 2001 meeting in Rome (see December 9, 2001) that involved Ledeen, head of the Italian intelligence service SISMI Nicolo Pollari (see September 9, 2002), and accused spy Larry Franklin (see December 9, 2001). (Leupp 11/1/2005; Leupp 11/9/2005) When the report is publicized in November 2005, Italian government officials will deny the existence of any such report, a denial bolstered by media reports. Journalist Laura Rozen will write that no such report was ever produced, nor was a parliamentary investigation into the Niger forgeries held by the Italian parliament at the time. “There is no parliamentary report,” a spokeswoman for Enzo Bianco, a member of Italy’s parliament, will say. Nor is there an unpublished report, the spokeswoman will say. Rozen will write that Bianco’s spokeswoman “does not just appear to be engaged in a cover up of a secret report. No one in Italy seriously investigating the Niger forgeries has heard of such a report.” The Italian newspaper La Repubblica will also report that no such parliamentary report was ever written. Former CIA officer Vincent Cannistraro, who will say he knew of rumors about such a report at one time, will also say that no such report exists. “There is no published report,” he will tell Rozen. “If there is a report, we might expect it would have some analysis and conclusions. There is no report, at least not a published report.… I think this stuff is just getting circulated.” (Laura Rozen 11/3/2005)

According to lawyer Robert Luskin, White House political strategist Karl Rove did speak to Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003) in the days before CIA official Valerie Plame Wilson’s identity was exposed in the press (see July 14, 2003). Luskin is Rove’s attorney. He says he will “not characteriz[e] the subject matter of that conversation” between Cooper and his client. He adds: “Karl did nothing wrong. Karl didn’t disclose Valerie Plame [Wilson]‘s identity to Mr. Cooper or anybody else.… Who outed this woman?… It wasn’t Karl.” Rove “certainly did not disclose to Matt Cooper or anybody else any confidential information,” he says. Luskin notes that special counsel Patrick Fitzgerald has assured him that he and his investigators “have no reason to doubt the honesty of anything [Rove has] said.” (Quijano 7/4/2005) In the days ahead, Cooper will testify that Rove leaked Plame Wilson’s identity as a CIA official to him (see July 6, 2005, July 10, 2005, and July 13, 2005).

Judge Thomas Hogan.Judge Thomas Hogan. [Source: Washington City Paper]A federal judge orders New York Times reporter Judith Miller, who continues to refuse to comply with a subpoena in the Valerie Plame Wilson identity leak case (see December 30, 2003), to go to jail until she or the Times complies. Time magazine and its reporter Matthew Cooper have already agreed to comply with the subpoena, thereby sparing Cooper jail time (see July 1, 2005 and July 6, 2005). (Washington Post 7/3/2007)
Refusal to Reveal Sources - Miller tells Judge Thomas Hogan: “Your Honor, in this case I cannot break my word just to stay out of jail. The right of civil disobedience based on personal conscience is fundamental to our system and honored throughout our history.… The freest and fairest societies are not only those with independent judiciaries, but those with an independent press that works every day to keep government accountable by publishing what the government might not want the public to know.… If journalists cannot be trusted to guarantee confidentiality, then journalists cannot function and there cannot be a free press.” Her attorney says, “Judy’s view is that any purported waiver she got from anyone (see January 2-5, 2004) was not on the face of it sufficiently broad, clear, and uncoerced.” Hogan, in sharp disagreement, calls Miller’s decision not to testify a possible “obstruction of justice.” (Miller 7/6/2005; Liptak 7/7/2005; Wilson 2007, pp. 222-223) He seems moved by Miller’s impassioned speech until she invokes her time in Iraq. At that point, according to reporter Marie Brenner, his face darkens. Special prosecutor Patrick Fitzgerald will later say, “Ms. Miller has great respect for the military who served in Iraq, as we should all do, but if one of those officers’ [lives] was compromised by the leak of classified information, we would want to see that justice was done.” (Brenner 4/2006) Hogan says Miller can leave the jail any time she likes. “She has the keys to release herself,” he says. “She has a waiver [from her source] she chooses not to recognize” (see January 2-5, 2004 and August 12, 2004 and After). She can “avoid even a minute of separation from her husband if she would do no more than just follow the law like every other citizen in America is required to do.” When Miller’s lawyers ask for home detention and denial of e-mail and cell phone access instead of incarceration, Hogan dryly retorts, referring to Miller’s extensive time spent in Iraq: “Certainly one who can handle the desert in wartime is far better equipped than the average person jailed in a federal facility.… Forced vacation at a comfortable home is not a compelling form of coercion.” (van Natta, Liptak, and Levy 10/16/2005; Wilson 2007, pp. 222-223) Miller will later tell a colleague: “I was told to put my medications in a Baggie, to understand that I would have no makeup, no personal items except for my pills.” Her lawyers tell her, “You are going in one door of the courthouse and out another.” (Brenner 4/2006)
'Draconian Act' - Times editor Bill Keller calls Miller’s incarceration “a chilling conclusion to an utterly confounding case,” and Fitzgerald’s decision to jail the reporter a “draconian act” that punishes “an honorable journalist” and will “serve future cover-ups of information that happens in the recesses of government and other powerful institutions.” Keller praises Miller’s “determination to honor her professional commitment,” noting that her defiance of the subpoenas “is not an attempt to put herself above the law. The law presented Judy with the choice between betraying a trust to a confidential source or going to jail. The choice she made is a brave and principled choice, and it reflects a valuing of individual conscience that has been part of this country’s tradition since its founding.” (Keller 7/7/2005)

Washington Post reporter Bob Woodward gives an interview to NPR’s Terry Gross about the so-called “Plamegate” scandal. Woodward is dismissive of the entire imbroglio. “There was no nothing” to the story, he says. When “all of the facts come out in this case, it’s going to be laughable because the consequences are not that great.” Woodward does not divulge that he was perhaps the first reporter to have Valerie Plame Wilson’s name leaked to him (see June 13, 2003). Woodward’s dismissive attitude towards the affair is addressed by author and media critic Frank Rich, who writes in 2006: “The Wilsons were nobodies—not players, not part of the tight club to which Woodward and his blue-chip sources belonged. Yet, while Woodward was tone-deaf to the Watergate echoes in the Bush White House’s obsessive secrecy, in its detestation of the press, and in its flouting of the law, the parallels were striking to anyone outside the Beltway.” (Gitlin 12/18/2005; Rich 2006, pp. 181-182) In December, American Prospect reporter Todd Gitlin will write that Woodward “publicly and repeatedly sneered” at the Plame Wilson investigation. (Gitlin 12/18/2005) Woodward says much the same things in private. In a conversation with his friend and former colleague Carl Bernstein around the same time as the NPR interview, he asks: “Why do you keep insisting this is important? I know something about this. There’s nothing there.” Woodward is deeply involved in writing his next book, Plan of Attack, and has little time or patience for what he considers a partisan non-scandal. Additionally, he and Bernstein are frequently together, conducting interviews for their recent book about their Watergate source, W. Mark Felt (see May 31, 2005), and often find themselves in conversations about confidential sources. Bernstein believes Woodward is ignoring something worth watching. “You don’t have this right,” he tells Woodward. “This thing is going to be huge. It will shine a light on the way Bush’s White House operates. It is going to expose the president and his campaign of disinformation.” (Brenner 4/2006)

Newsweek reporter Michael Isikoff reveals that White House political strategist and deputy chief of staff Karl Rove was Time reporter Matthew Cooper’s source in revealing that Valerie Plame Wilson was a covert CIA operative (see 11:00 a.m. July 11, 2003). Isikoff learns that Rove was Cooper’s source from Rove’s lawyer, Robert Luskin. Rove has given Cooper permission to testify about their conversations surrounding Plame Wilson and her husband, Joseph Wilson, and anonymously confirms his identity as the source. There is no indication in Cooper’s notes or e-mails to suggest that Rove knew Plame Wilson was a covert operative. However, Isikoff notes, “it is significant that Rove was speaking to Cooper before Novak’s column appeared; in other words, before Plame’s identity had been published.” A “source close to Rove” says, “A fair reading of the [Cooper] e-mail makes clear that the information conveyed was not part of an organized effort to disclose Plame’s identity, but was an effort to discourage Time from publishing things that turned out to be false.” In 2008, current White House press secretary Scott McClellan will write that Luskin’s confirmation is “part of Karl’s and Luskin’s strategy.” Luskin continues to publicly insist that Rove never actually leaked Plame Wilson’s identity. (Isikoff 7/10/2005; McClellan 2008, pp. 261) He tells a Washington Post reporter that while Rove mentioned someone he identified as “Wilson’s wife,” he never actually identified her to Cooper by name. Rove also identified Plame Wilson, falsely, as the person who sent Wilson to Niger on behalf of the CIA (see February 19, 2002, July 22, 2003, and October 17, 2003). (White 7/11/2005)

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

The press learns that conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson almost two years ago (see July 14, 2003), has been cooperating with the Plame Wilson leak investigation headed by special counsel Patrick Fitzgerald. The news of Novak’s cooperation comes from attorneys familiar with his testimony. Novak’s lawyer, James Hamilton, refuses to comment. Novak, according to the sources, said that his Bush administration sources (see July 7, 2003, July 8, 2003, and July 8 or 9, 2003) did not identify Plame Wilson as a covert CIA official (see Fall 1992 - 1996). His use of the word “operative” to describe Plame Wilson in his column was his own formulation, he has said, and not the words of his sources. The lawyer for White House political strategist Karl Rove, Robert Luskin, has told reporters that Rove never told Novak or other reporters that Plame Wilson was a covert operative. Reporter Murray Waas writes: “Federal investigators have been skeptical of Novak’s assertions that he referred to Plame as a CIA ‘operative’ due to his own error, instead of having been explicitly told that was the case by his sources, according to attorneys familiar with the criminal probe. That skepticism has been one of several reasons that the special prosecutor has pressed so hard for the testimony of Time magazine’s [Matthew] Cooper (see July 13, 2005) and New York Times reporter Judith Miller” (see September 30, 2005). Investigators are also interested in telephone conversations between Novak and Rove, and other White House officials, in the days after the press reported the FBI was opening an investigation into the Plame Wilson leak (see September 29, 2003 and October and November 2003). And, in other testimony, a US government official told investigators that Novak asked him specifically if Plame Wilson had some covert status with the CIA. It is unclear who that official is or when he talked to investigators. (Murray Waas 7/12/2005)

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

A source from within the Valerie Plame Wilson identity leak investigation confirms that White House political adviser Karl Rove had spoken with conservative columnist Robert Novak before Novak published his column identifying Plame Wilson as a CIA officer (see July 8, 2003 and July 14, 2003). Rove discussed Plame Wilson with Novak. However, according to the source, Rove first heard about Plame Wilson from Novak, as well as learning from Novak that she had played a role in recommending her husband, Joseph Wilson, for a trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003). According to the source, Novak, not Rove, initiated the conversation about Plame Wilson. It is not clear who revealed Plame Wilson’s identity to Novak, or whether Novak has identified that source to the grand jury. (Johnston and Stevenson 7/15/2005; Stevenson 7/16/2005) In its reporting, the New York Times publicly reveals the July 8, 2003 conversation between Rove and Novak (see July 8, 2003). (Johnston and Stevenson 7/15/2005) Novak has disputed Rove’s version of events, saying that Rove confirmed Plame Wilson’s identity to him and not the other way around (see October 7, 2003, February 5, 2004, and September 14, 2004).

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

Washington Post reporter Bob Woodward criticizes the investigation into the identity leak of CIA officer Valerie Plame Wilson. Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). Woodward tells a CNN audience: “I’m not sure there’s any crime in all of this. The special prosecutor has been working 18 months. Eighteen months into Watergate we knew about the tapes. People were in jail. People had pled guilty. In other words, there was a solid evidentiary trail. I don’t see it here.… Well, it may just be politics as usual. I mean, [White House senior adviser Karl] Rove’s defenders say, look, the evidence is, and the evidence is, that he was saying Joe Wilson [Plame Wilson’s husband], who was criticizing the administration on weapons of mass destruction really had an ax to grind and got his job because his wife had worked at the CIA and recommended him, so there’s fuzziness to this.” (Media Matters 11/16/2005)

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