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Context of 'September 23, 2002: Generals Warn US Must Secure Allies for Iraq Invasion'

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Judge Reggie Walton issues an order significantly curtailing the Lewis Libby defense team’s requests for highly classified White House materials (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and February 21, 2006). Walton’s orders indicate that he may accept the defense team’s requests for some, but not all, of the highly classified Presidential Daily Briefings (PDBs), requests that have become a source of conflict between the defense and the prosecution. “Upon closer reflection, it is becoming apparent to this court that what is possibly material to the defendant’s ability to develop his defense” is not every detail from the briefings that Libby received as Cheney’s national security adviser, Walton says. The defense says it needs the PDBs to establish how busy Libby was with national security matters and therefore bolster their expected defense of Libby’s failure to remember his conversations about outed CIA official Valerie Plame Wilson when he allegedly lied to the FBI and to the grand jury (Libby’s so-called “memory defense”—see October 14, 2003, November 26, 2003, March 5, 2004, March 24, 2004, and January 31, 2006). General descriptions of the briefings from specific time periods might be sufficient, Walton continues. Walton also asks the CIA to tell him what, if any, documents the Libby team has requested from it might be available. Washington attorney Lawrence Barcella says Walton’s efforts would hamper Libby’s defense strategy. “What makes the defense so viable is for him to show the enormity of what he dealt with on a daily basis,” Barcella says. “If you sanitize it just so you can get past the classified information issue, you significantly lessen the potential impact of it.” [Associated Press, 2/27/2006; US District Court for the District of Columbia, 2/27/2006 pdf file] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, states: “I think Libby has boxed himself in on his memory defense. He now has a huge burden to show that he was so preoccupied with other matters on six or seven different occasions that he couldn’t accurately remember what he told or was told by [reporters Judith] Miller, [Matthew] Cooper, and [Tim] Russert. It’s almost like using the space cadet defense many drug defendants offer, rarely sucessfully.” [Jeralyn Merritt, 2/27/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson, still embroiled in controversy over his attempts to disprove the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003), attends the National Day festivities in Morocco. While standing alone, he is approached by an American who identifies himself as a “leading member of the Washington evangelical movement.” Wilson expects to be reviled and lambasted, as has happened so many times before during his encounters with members of the Christian right. Instead, the man grasps his hand and whispers, “You should know that there are many of us that support you.” A surprised Wilson asks why, and the man replies, “[B]ecause we believe in truth, and we know that this government has lied.” [Wilson, 2007, pp. 174-175] Wilson will not identify the evangelical; it is not clear that he knows the man’s identity.

Entity Tags: Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Several news organizations are subpoenaed by the Lewis Libby defense team (see February 27, 2006). The New York Times, NBC News, and Time magazine all say they have been subpoenaed for documents and records pertaining to Libby’s involvement in the Plame Wilson CIA identity leak. The Washington Post says it expects a subpoena as well. Libby’s lawyers want to use reporters to prove that Libby did not intentionally lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004) about disclosing Valerie Plame Wilson’s identity to the press. Instead, they intend to argue that Libby failed to remember important details about his conversations with reporters regarding Plame Wilson’s identity. The New York Times acknowledges that it has been asked to provide notes, e-mail messages, draft news articles, and all other documents that refer to Plame Wilson before July 14, 2003, when her identity was made public (see July 14, 2003), and information regarding its columnist Nicholas Kristof, who wrote an article featuring Plame Wilson’s husband, Joseph Wilson (see May 6, 2003). Times spokeswoman Catherine Mathis says the newspaper has not yet decided whether to comply with the subpoena. She says former Times reporter Judith Miller has received a separate subpoena (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). NBC’s Tim Russert (see July 10 or 11, 2003) and Time’s Matt Cooper (see 2:24 p.m. July 12, 2003) have also been subpoenaed. The Post anticipates receiving a subpoena for its managing editor Bob Woodward (see November 14, 2005 and November 16-17, 2005). [US District Court for the District of Columbia, 3/14/2006 pdf file; US District Court for the District of Columbia, 3/14/2006 pdf file; Reuters, 3/16/2006; New York Times, 3/16/2006] Robert Bennett, a lawyer for Miller, says she will most likely fight the subpoena. “It’s entirely too broad,” he says. “It’s highly likely we’ll be filing something with the court.” [New York Times, 3/16/2006]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Catherine Mathis, Bob Woodward, Washington Post, Valerie Plame Wilson, Tim Russert, Joseph C. Wilson, New York Times, NBC News, Matthew Cooper, Nicholas Kristof, Robert T. Bennett, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

The Libby defense team files a motion asking the court to disallow the prosecution to present classified information to Judge Reggie Walton without the defense’s presence. Special counsel Patrick Fitzgerald intends to argue that certain classified information is not pertinent to the defense of accused perjurer Lewis Libby, and wants to share that information with Walton, but not with Libby’s lawyers. Fitzgerald has argued that the information must be kept secret in order to protect national security, an argument that Libby’s lawyers say “rings hollow.” They tout Libby, who leaked classified information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), as someone who “has diligently protected some of this country’s most sensitive secrets throughout his many years of public service.” Fitzgerald has noted that an underlying criminal charge against Libby is the failure to adequately safeguard sensitive classified information. Walton has already ordered the government to turn over some classified information to the defense (see March 10, 2006). [Associated Press, 3/15/2006; US District Court for the District of Columbia, 3/15/2006 pdf file] Former state prosecutor Christy Hardin Smith observes that Libby has already violated his nondisclosure agreement against revealing classified information, and writes: “By breaking the law and releasing sensitive national security information, Scooter Libby forfeited his privilege of clearance—any presumption that he had the integrity to protect the nation’s secrets is gone. He is being treated like any other defendant in this situation—and who he worked for and how high his friends go in the government ought not matter one whit.” [Christy Hardin Smith, 3/16/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

A court filing by Lewis Libby’s defense team lists the witnesses the lawyers say they intend to put on the stand in their client’s defense. The list includes:
bullet Former Deputy Secretary of State Richard Armitage (see June 13, 2003, After October 28, 2005, and November 14, 2005);
bullet Former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003);
bullet Former Undersecretary of State Marc Grossman (see June 10, 2003);
bullet Former Secretary of State Colin Powell (see July 16, 2004);
bullet White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003);
bullet Former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003);
bullet Former US ambassador Joseph Wilson (see July 6, 2003);
bullet Former CIA covert operative Valerie Plame Wilson (see July 14, 2003);
bullet National Security Adviser Stephen Hadley (see July 21, 2003 and November 14, 2005);
bullet CIA briefers Craig Schmall (see 7:00 a.m. June 14, 2003), Peter Clement, and/or Matt Barrett;
bullet Former CIA officials Robert Grenier (see 4:30 p.m. June 10, 2003, 2:00 p.m. June 11, 2003, and 5:27 p.m. June 11, 2003) and/or John McLaughlin (see June 11 or 12, 2003);
bullet Former CIA spokesman Bill Harlow (see 5:27 p.m. June 11, 2003, (July 11, 2003), and Before July 14, 2003);
bullet Vice President Dick Cheney’s chief of staff David Addington (see July 8, 2003);
bullet Former Cheney press secretary Cathie Martin (see 5:27 p.m. June 11, 2003); and
bullet Cheney himself (see July 12, 2003 and Late September or Early October, 2003).
The defense also:
bullet Wants notes from a September 2003 White House briefing where Powell reportedly claimed that many people knew of Plame Wilson’s CIA identity before it became public knowledge;
bullet Implies that Grossman may not be an unbiased witness;
bullet Suspects Fleischer may have already cooperated with the investigation (see June 10, 2004);
bullet Intends to argue that Libby had no motive to lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury (see March 5, 2004 and March 24, 2004); and
bullet Intends to argue that columnist Robert Novak’s primary source for his column exposing Plame Wilson as a CIA official was not Libby, but “a source outside the White House” (see July 8, 2003). [US District Court for the District of Columbia, 3/17/2006 pdf file; Jeralyn Merritt, 3/18/2006]
Criminal defense attorney Jeralyn Merritt believes Libby’s team may be preparing to lay blame for the Plame Wilson leak on Grossman. She writes that, in her view, “Libby’s lawyers are publicly laying out how they intend to impeach him: by claiming he is not to be believed because (either or both) his true loyalty is to Richard Armitage rather than to the truth, or he is a self-aggrandizing government employee who thinks of himself a true patriot whose duty it is to save the integrity of the State Department.” [Jeralyn Merritt, 4/4/2006] Libby’s lawyers indicate that they will challenge Plame Wilson’s significance as a covert CIA official (see Fall 1992 - 1996, April 2001 and After, Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). “The prosecution has an interest in continuing to overstate the significance of Ms. Wilson’s affiliation with the CIA,” the court filing states. They also intend to attempt to blame Armitage, Grossman, Grenier, McLaughlin, Schmall, and/or other officials outside the White House proper as the real sources for the Plame Wilson identity leak. [US District Court for the District of Columbia, 3/17/2006 pdf file; Truthout (.org), 3/18/2006]

Entity Tags: Valerie Plame Wilson, Robert Novak, Robert Grenier, Catherine (“Cathie”) Martin, Colin Powell, Ari Fleischer, Central Intelligence Agency, Bush administration (43), Bill Harlow, Richard Armitage, Richard (“Dick”) Cheney, Stephen J. Hadley, Matt Barrett, George J. Tenet, Peter Clement, Craig Schmall, Jeralyn Merritt, John E. McLaughlin, David S. Addington, Karl C. Rove, Joseph C. Wilson, Marc Grossman, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

In an interview, Vice President Cheney says, “We had one report early on from another intelligence service that suggested that the lead hijacker, Mohamed Atta, had met with Iraqi intelligence officials in Prague, Czechoslovakia. And that reporting waxed and waned where the degree of confidence in it, and so forth, has been pretty well knocked down now at this stage, that that meeting ever took place. So we’ve never made the case, or argued the case that somehow [Saddam Hussein] was directly involved in 9/11. That evidence has never been forthcoming. But there—that’s a separate proposition from the question of whether or not there was some kind of a relationship between the Iraqi government, Iraqi intelligence services and the al-Qaeda organization.” [White House, 3/29/2006] This is a reversal for Cheney, who strongly argued that the meeting took place, even after most experts concluded that it did not (see June 17, 2004).

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

A map drawn by one of the defectors, showing his version of the Salman Pak facility.A map drawn by one of the defectors, showing his version of the Salman Pak facility. [Source: PBS]The story told by three Iraqi defectors in November 2001, of a terrorist training camp in Salman Pak, outside of Baghdad, has long been disproven (November 6-8, 2001) and one defector has been shown to have pretended to be former Iraqi general Jamal al-Ghurairy, the key source for the story. But only now are the news reporters and pundits beginning to acknowledge—however grudgingly—that they were duped, and that their credulous reportings helped cement the Bush administration’s fabricated case for invading Iraq. The story was one of at least 108 planted in the US and British press by the Iraqi National Congress (INC) between October 2001 and May 2002, a number audaciously provided by the INC itself in its attempts to persuade Congress to continue its funding (see June 26, 2002). The New York Times eventually admitted some faults with its prewar reporting, but only admitted that its coverage of the Salman Pak story had “never been independently verified.” PBS, similarly gulled by the defectors and their fraudulent claims (see October 2005), amended its Frontline Web site for its “Gunning for Saddam” story, which featured interviews with the defectors, to note that the defector’s claims have “not been substantiated,” and later will admit to the likelihood that its reporter, Christopher Buchanan, was duped. New York Times reporter Chris Hedges now says he took the word of producer Lowell Bergman as to the validity of the defector, and was further convinced by one of the defector’s military appearance. As for Bergman, Hedges says, “There has to be a level of trust between reporters. We cover each other’s sources when it’s a good story because otherwise everyone would get hold of it.” Hedges admits he was not aware at the time of how close Bergman, and other Times reporters such as Judith Miller, was to INC head Ahmed Chalabi. “I was on the periphery of all this. This was Bergman’s show.” [Mother Jones, 4/2006] In 2004, Hedges noted that he attempted to get confirmation from the US government about the defectors and their story, and government officials confirmed the claims: “We tried to vet the defectors and we didn’t get anything out of Washington that said ‘these guys are full of sh*t.’” [Columbia Journalism Review, 7/1/2004] Hedges says he later rejected an attempt by Chalabi to convince him that UN inspectors were spying for Saddam Hussein. He also says that he never believed the stories placing 9/11 hijacker Mohamed Atta in Prague (see April 8, 2001). He no longer trusts Chalabi as a source of information: “He’s a sleazy guy who I was not comfortable working around, but there was nothing right after 9/11 to indicate he was an outright liar.” [Mother Jones, 4/2006] Hedges notes that Chalabi seemed to have an “endless stable” of defectors to talk with reporters. “He had defectors for any story you wanted. He tried to introduce me to this guy who said he knew about Iraqi spies on the UN inspection teams: the guy was a thug. I didn’t trust either of them.” [Columbia Journalism Review, 7/1/2004] However, none of this uncertainty made it into Hedges’s Times report. Bergman says, “You’ve got to remember that back then there really was only one show in town, and that was Chalabi’s. If you were doing a story on Saddam’s Iraq, you would speak to the Iraqi government, the White House, and the INC.” Bergman tried to confirm the al-Ghurairy story with former CIA director and prominent neoconservative James Woolsey, and Woolsey told him that “al-Ghurairy” had met with the FBI in Ankara. (At the time, Woolsey was hardly a neutral source since it was already reported that he was aggressively trying to drum up connections between Iraq and al-Qaeda (see Late September 2001 and Mid-September-October 2001).) “Chalabi was dangerous goods in the sense you know he’s advocating war” Bergman recalls. “But that label is up-front. I think Chalabi is given too much credit for influencing the march to war.” Many conservative pundits still cite the al-Ghurairy tale as justification for the Iraq invasion. And the White House still lists “shutting down the Salman Pak training camp where members of many terrorist camps trained” in its “Progress Report on the Global War on Terrorism” Web page. In 2004, Chalabi boasted, “As far as we’re concerned, we’ve been entirely successful. That tyrant Saddam is gone, and the Americans are in Baghdad. What was said before is not important. The Bush administration is looking for a scapegoat. We’re ready to fall on our swords if he wants. We are heroes in error.” [Columbia Journalism Review, 7/1/2004; Mother Jones, 4/2006]

Entity Tags: Jamal al-Ghurairy, Chris Hedges, Bush administration (43), Ahmed Chalabi, Iraqi National Congress, Christopher Buchanan, Saddam Hussein, Mohamed Atta, New York Times, Public Broadcasting System, Lowell Bergman, Judith Miller, James Woolsey

Timeline Tags: Events Leading to Iraq Invasion

Special counsel Patrick Fitzgerald responds to the Lewis Libby defense team’s third motion to compel the discovery of a huge number of classified documents (see March 17, 2006), including Presidential Daily Briefings, the October 2002 National Intelligence Estimate on Iraq (see October 1, 2002), and a raft of CIA documents. Judge Reggie Walton has already allowed the discovery of some of the requested documents (see March 10, 2006). Fitzgerald writes that Libby is seeking “nearly every document generated by four large executive branch entities relating to Ambassador Joseph Wilson’s trip to Niger” (see February 21, 2002-March 4, 2002), and notes that such a request is overly broad, unnecessary for a perjury defense, and relies on an incorrect reading of the law. The request, Fitzgerald writes, “is premised on relevance arguments which overlook the fact that defendant is charged with perjury, not a conspiracy to commit various other crimes.” Hence the requsted documents go “far beyond the scope of what is relevant to the charges contained in the indictment.” [US District Court for the District of Columbia, 4/5/2006 pdf file; New York Sun, 4/7/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Democratic Representative John Conyers (D-MI) and 14 of his colleagues send a letter to President Bush asking for the truth about “the troubling revelation that you authorized I. Lewis Libby, the vice president’s former chief of staff, to attempt to discredit a critic of your administration through the selective leaking of classified information.” Conyers and his colleagues are referring to the White House’s attempts to discredit war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), which included the exposure of his wife, Valerie Plame Wilson’s, CIA identity (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). They write, “We ask that, once and for all, you publicly admit the extent of your role in authorizing the selective leaking of information to discredit your critics and detail what other leaks you have authorized that are relevant to the war in Iraq.” [Huffington Post, 4/7/2006]

Entity Tags: George W. Bush, Lewis (“Scooter”) Libby, Joseph C. Wilson, John Conyers

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post’s editorial staff, led by editor Fred Hiatt, pens an op-ed defending President Bush’s decision to selectively leak classified information (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003) from a 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Apparently the editorial is in response to recent information from special counsel Patrick Fitzgerald that shows Bush and Vice President Dick Cheney deliberately released selected classified information to manipulate public perceptions about the Iraq war (see April 5, 2006, and April 9, 2006). The Post says that a sitting president has the authority to declassify classified information, and Bush did so “in order to make clear why he had believed that Saddam Hussein was seeking nuclear weapons.” It calls the leaking of the information to a variety of press sources “clumsy,” and says the handling of the information exposed Bush “to the hyperbolic charges of misconduct and hypocrisy that Democrats are leveling.” The Post says that nothing was illegal or untoward about Cheney’s method of releasing the information—authorizing his chief of staff, Lewis Libby, to leak the information to New York Times reporter Judith Miller—instead of the usual methodology of officially declassifying the information and then sharing it with the press in a briefing. But Cheney’s actions, the Post says, made “Bush look foolish” when he “subsequently denounced a different leak in the same controversy and vow[ed] to ‘get to the bottom’ of it.” The Post turns its focus onto former ambassador Joseph Wilson, accusing him of lying about his conclusions that Niger had not attempted to sell Iraq any uranium (see July 6, 2003), and saying that the White House made no attempts to smear or discredit him (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). The Post also reiterates the disproven claim that Wilson was sent to Niger by his wife, outed CIA official Valerie Plame Wilson (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Washington Post, 4/9/2006]
Similar Editorials from Three Other Publications - The New York Post, National Review, and Wall Street Journal ran very similar editorials in the days before the Washington Post editorial. [New York Post, 4/7/2006; National Review, 4/8/2006; Wall Street Journal, 4/8/2006]
Post News Report Contradicts Editorial - The same day that the Post publishes the editorial, it also prints an article by veteran reporters Barton Gellman and Dafna Linzer that documents an extensive White House effort to besmirch Wilson’s credibility. The reporters write: “Fitzgerald wrote that Cheney and his aides saw Wilson as a threat to ‘the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.’ They decided to respond by implying that Wilson got his CIA assignment by ‘nepotism.’” [Washington Post, 4/9/2006]
'BushCo Propaganda' - Author and film producer Jane Hamsher, who runs the liberal blog FireDogLake, calls the Post editorial “an unmitigated piece of BushCo. propaganda” and devotes a considerable amount of space to challenging the editorial’s assertions. [Jane Hamsher, 4/9/2006]

Entity Tags: Judith Miller, George W. Bush, Fred Hiatt, Dafna Linzer, Barton Gellman, Joseph C. Wilson, Washington Post, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Jane Hamsher, National Review, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Wall Street Journal, New York Post

Timeline Tags: Niger Uranium and Plame Outing

Former Secretary of State Colin Powell tells reporter Robert Scheer that neither he nor any of the State Department’s top experts believed that Iraq ever posed an imminent nuclear threat, contrary to the statements of President Bush, Vice President Dick Cheney, and other top White House officials. Powell says that Bush followed the advice of Cheney and the CIA (see October 1, 2002) in making the claim (see Mid-January 2003 and 9:01 pm January 28, 2003) and taking the country to war in Iraq. Scheer asks Powell why, in light of the State Department’s own intelligence bureau correctly concluding that the claims that Iraq attempted to buy uranium from Niger were false (see March 1, 2002, March 4, 2002, Mid-October 2002, and January 12, 2003), Bush ignored that information in making his case for war? Powell responds: “The CIA was pushing the aluminum tube argument heavily (see March 7, 2003) and Cheney went with that instead of what our guys wrote. That was a big mistake. It should never have been in the speech. I didn’t need [former ambassador Joseph] Wilson to tell me that there wasn’t a Niger connection. He didn’t tell us anything we didn’t already know. I never believed it” (see January 26, 2003). Powell adds that the responsibility for pressing the argument that Iraq was a nuclear threat was not Bush’s; rather, “That was all Cheney.” In his article, Scheer asks, “Why was this doubt, on the part of the secretary of state and others, about the salient facts justifying the invasion of Iraq kept from the public until we heard the truth from whistle-blower Wilson, whose credibility the president then sought to destroy?” [Truthdig, 4/11/2006]

Entity Tags: Robert Scheer, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, US Department of State, Joseph C. Wilson, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

A former senior government official says that President Bush’s selective declassification of portions of the National Intelligence Estimate (NIE—see October 1, 2002) for political purposes (see April 5, 2006), as testified to by Lewis Libby (see March 5, 2004 and March 24, 2004), was a misuse of the classification process for political reasons. Bush and his top officials released certain sections of the NIE to journalists (see 8:30 a.m. July 8, 2003) in an attempt to bolster their arguments in favor of invading Iraq, yet concealed other sections that showed how they misrepresented intelligence to suit their arguments. The former senior official says that the selective declassification was intertwined with the attempts to besmirch the reputation of war critic Joseph Wilson: “It was part and parcel of the same effort, but people don’t see it in that context yet.” The identify of the official is unstated. [National Journal, 4/6/2006] In 2007, Wilson’s wife, current senior CIA case officer Valerie Plame Wilson, will write that she experiences “a rush of relief” upon reading a New York Times story that reveals the “selective declassification” and the Times’s conclusion that “[i]t is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to punish Wilson” (see April 5, 2006). [Wilson, 2007, pp. 244]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a response to special counsel Patrick Fitzgerald’s rejection of its demands for more classified documents (see April 5, 2006).
Defense Lawyers Intend to Subpoena Wilson, White House Officials - In the filing, Libby’s lawyers indicate that they intend to call for testimony a number of people involved in the Plame Wilson leak, including former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003), White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), State Department official Marc Grossman (see June 10, 2003), former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003), and former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003). The defense would consider Wilson a “hostile witness” if they indeed subpoena his testimony. Many of these potential witnesses were also disclosed by the Libby team a month earlier (see March 17, 2006).
Limiting Document Requests - The defense also agrees to limit its future document requests “to documents that are currently in the actual possession of the OSC [Office of Special Counsel] or which the OSC knows to exist.”
Libby Claims No Memory of Key Conversation - Libby’s lawyers also assert that Libby remembers nothing of conversations he had with Grossman, in which Grossman has testified that he told Libby of Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [US District Court for the District of Columbia, 4/12/2006 pdf file; Truthout (.org), 4/14/2006] However, sources close to the case say that “a half-dozen witnesses” have testified as to the accuracy of Grossman’s claims. A former State Department colleague of Grossman’s says: “It’s not just Mr. Grossman’s word against Mr. Libby’s. There were other people present at the meeting at the time when Mr. Grossman provided Mr. Libby with details about Ms. Plame’s employment with the agency. There is an abundance of evidence Mr. Fitzgerald has that will prove this.” Investigative reporter Jason Leopold observes: “The meeting between Libby and Grossman is a crucial part of the government’s case against Libby. It demonstrates that Libby knew about Plame Wilson a month or so before her name was published in a newspaper column and proves that Libby lied to the grand jury when he testified that he found out about Plame Wilson from reporters in July 2003.” [Truthout (.org), 4/14/2006]

Entity Tags: Karl C. Rove, Ari Fleischer, Joseph C. Wilson, George J. Tenet, Jason Leopold, Patrick J. Fitzgerald, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted White House official Lewis “Scooter” Libby tell reporters that their client did not testify that either President Bush or Vice President Dick Cheney authorized him to disclose the identify of then-CIA agent Valerie Plame Wilson to reporters. After recent court filings by special prosecutor Patrick Fitzgerald revealed that Libby had testified about being authorized to disclose classified information to reporters by Bush and Cheney (see April 5, 2006), many reporters, pundits, and Internet bloggers have speculated that Libby was authorized by Bush and Cheney to reveal Plame Wilson’s identity. Libby’s lawyers say he never mentioned Plame Wilson’s name in conversations with reporters, and therefore never took part in a campaign to besmirch the reputation of her husband, former ambassador Joseph Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). The assertion is contradicted by several reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald has asserted that Libby revealed Plame Wilson’s identity as a covert CIA agent in order to allege that she sent her husband to Niger to debunk the tales of Iraqi attempts to buy Nigerien uranium “on account of nepotism” (see April 5, 2006). [Washington Post, 4/13/2006]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

After several of Defense Secretary Donald Rumsfeld’s former generals go public with devastating critiques of Rumsfeld’s strategies and planning in Iraq in what comes to be nicknamed the “Generals’ Revolt,” Rumsfeld determines to use the Pentagon’s “military analysts” (see April 20, 2008 and Early 2002 and Beyond) to counter the storm of negative publicity. He has his aides summon a clutch of analysts for a briefing with him (see April 18, 2006); his office reminds one aide that “the boss” wants the meeting fast “for impact on the current story.” Pentagon officials help two Fox analysts, former generals Thomas McInerney and Paul Vallely, write an op-ed for the Wall Street Journal entitled “In Defense of Donald Rumsfeld.” Vallely sends an e-mail to the Pentagon, “Starting to write it now,” and soon thereafter adds, “Any input for the article will be much appreciated.” Rumsfeld’s office quickly forwards Vallely a list of talking points and specifics. Shortly thereafter, a Pentagon official reports, “Vallely is going to use the numbers.” But on April 16, the New York Times, which has learned of the plan, publishes a front-page story about it, sending Pentagon officials into damage-control mode. They describe the session with McInerney and Vallely as “routine,” and issue internal directives to keep communications with analysts “very formal.” One official warns subordinates, “This is very, very sensitive now.” [New York Times, 4/20/2008; Washington Post, 4/21/2008]

Entity Tags: New York Times, Donald Rumsfeld, Fox News, Wall Street Journal, US Department of Defense, Thomas G. McInerney, Paul Vallely

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

David Grange.David Grange. [Source: CNN]CNN airs commentary from three of its “independent military analysts,” some of whom will later be cited as participants in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). The analysts are retired Army Brigadier General James “Spider” Marks (whom CNN will later fire for conflicts of interest—see July 2007), retired Air Force Major General Donald Shepperd, and retired US Army Brigadier General David Grange. The topic is Defense Secretary Donald Rumsfeld and whether he should resign. After Marks confirms that Rumsfeld repeatedly refused requests from field commanders to send more troops into Iraq during critical battlefield moments (see April 16, 2006), CNN anchor Wolf Blitzer raises the issue of other retired generals calling for Rumsfeld’s resignation.
Grange - Grange dismisses the resignation demands as coming from “a small number of general officers…” Grange says he does not have a close relationship with Rumsfeld, but admits that he participates in “occasional” briefings with Rumsfeld and Pentagon officials. Grange says “it would be inappropriate [for Rumsfeld] to step down right now,” and adds that it really isn’t the generals’ business to make any such recommendations.
Shepperd - Blitzer plays the commentary of retired Army Major General Paul Eaton, who blames Rumsfeld for not putting “enough boots on the ground to prosecute” the Iraq war and has also called for Rumsfeld’s resignation, then asks Shepperd for his commentary. Shepperd, one of the most reliable of the Pentagon’s “independent analysts” (see June 24-25, 2005), says while Rumsfeld made some “misjudgments,” he should not resign. Like Grange, he questions the “propriety” of the retired generals’ speaking out on the subject. “It steps over, in my opinion, the line of the role of military general officers, active or retired, calling for the resignation of a duly appointed representative of the government by a duly elected government. That’s the problem I have with all of this. And it’s hard to have a rational discussion because you quickly get into, is the war going well or not, do we or do we not have enough troops, when the question is one of propriety about these statements.”
Marks - Marks adds his voice to the chorus, saying that “it’s not the place of retired general officers or anyone to make that statement.…[T]he country’s at war. You need to rally around those doing their best to prosecute it.” Though Marks stands with both Grange and Shepperd in defending Rumsfeld from calls for his resignation, he does note that he retired from the Army in part because of Rumsfeld’s cavalier treatment of two of his close friends, retired General Eric Shinseki (see February 25, 2003 and February 27, 2003) and General David McKiernan. [CNN, 4/16/2006]

Entity Tags: Wolf Blitzer, David Grange, David D. McKiernan, CNN, Donald Rumsfeld, Donald Shepperd, Eric Shinseki, James Marks, Paul Eaton, US Department of Defense

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

A news article by the New York Sun claims that a June 2003 memo from then-Undersecretary of State Marc Grossman never indicated that Valerie Plame Wilson was a covert CIA official, or that her status was classified in any way (see June 10, 2003 and July 20, 2005). (Contrary to the Sun’s reporting, Plame Wilson was a NOC—a “non-official cover” agent—the most covert of CIA officials; see Fall 1992 - 1996, July 22, 2003, and September 30, 2003). The Sun bases its report on a declassified version of a memo provided to it through the Freedom of Information Act. The memo was drafted by the State Department’s head of its intelligence bureau, Carl Ford Jr., in response to inquiries by Grossman. Grossman sent the memo to various White House officials, including the then-chief of staff for Vice President Dick Cheney, Lewis Libby. Previous news reports have indicated that the memo was notated to indicate that the information it contained was classified and should not be made public, but according to the Sun, the paragraph identifying Plame Wilson as a CIA official was not designated as secret, while the other paragraphs were. Robert Luskin, the lawyer for White House deputy chief of staff Karl Rove, says the memo proves that neither Libby, Rove, nor any other White House official broke any laws in revealing Plame Wilson’s CIA status. The Sun also asserts that the memo proves Plame Wilson was responsible for sending her husband, Joseph Wilson, to Niger to find the truth behind claims that Iraq was trying to clandestinely purchase Nigerien uranium, an assertion Wilson calls “absolutely inaccurate” (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [New York Sun, 4/17/2006] The CIA requested that Plame Wilson’s identity not be divulged (see (July 11, 2003) and Before July 14, 2003), and the agency as well as former officials have acknowledged that the damage done by the disclosure of Plame Wilson’s covert CIA status was “severe” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006).

Entity Tags: New York Sun, Central Intelligence Agency, Carl W. Ford, Jr., Joseph C. Wilson, Karl C. Rove, Robert Luskin, US Department of State, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Smarting from the media criticism sparked by the “Generals’ Revolt” and the subsequent revelation of Pentagon attempts to manipulate the media in response (see April 14-16, 2006), about 17 military analysts (see April 20, 2008 and Early 2002 and Beyond) meet with Defense Secretary Donald Rumsfeld and Joint Chiefs of Staff Chairman General Peter Pace. The subject, according to a transcript of the session, is how to marginalize war critics and pump up public support for the war. (Only Rumsfeld and Pace are identified by name in the transcript.) One analyst says bluntly: “I’m an old intel guy. And I can sum all of this up, unfortunately, with one word. That is Psyops [psychological operations]. Now most people may hear that and they think, ‘Oh my God, they’re trying to brainwash.’” Rumsfeld cuts the analyst off with a sarcastic comment: “What are you, some kind of a nut? You don’t believe in the Constitution?” Rumsfeld’s words draw laughter. Few of the participants discuss any of the actual criticism from the former generals.
'Illegal or Immoral'? - Interestingly, Rumsfeld acknowledges that he has been warned that his “information operations” are possibly “illegal or immoral.” He retorts: “This is the first war that’s ever been run in the 21st century in a time of 24-hour news and bloggers and internets and emails and digital cameras and Sony cams and God knows all this stuff.… We’re not very skillful at it in terms of the media part of the new realities we’re living in. Every time we try to do something someone says it’s illegal or immoral, there’s nothing the press would rather do than write about the press, we all know that. They fall in love with it. So every time someone tries to do some information operations for some public diplomacy or something, they say oh my goodness, it’s multiple audiences and if you’re talking to them, they’re hearing you here as well and therefore that’s propagandizing or something.” [US Department of Defense, 4/18/2006 pdf file]
Iraq Losses 'Relative' in Comparison to 9/11 - The analysts, one after the other, tell Rumsfeld how “brilliant” and “successful” his war strategy is, and blame the news media for shaping the public’s negative opinion about the war. One participant says, “Frankly, from a military point of view, the penalty, 2,400 brave Americans whom we lost, 3,000 in an hour and 15 minutes [referring to the 9/11 attacks], is relative.” An analyst says: “This is a wider war. And whether we have democracy in Iraq or not, it doesn’t mean a tinker’s damn if we end up with the result we want, which is a regime over there that’s not a threat to us.” Rumsfeld agrees with the assessments. The biggest danger, the analysts agree, is not in Iraq, but in the public perceptions. The administration will suffer grave political damage if the perception of the war is not altered. “America hates a loser,” one analyst says.
'Crush These People' - Most of the session centers on ways Rumsfeld can reverse the “political tide.” One analyst urges Rumsfeld to “just crush these people,” and assures him that “most of the gentlemen at the table” would enthusiastically support him if he did. “You are the leader,” the analyst tells Rumsfeld. “You are our guy.” Another analyst suggests: “In one of your speeches you ought to say, ‘Everybody stop for a minute and imagine an Iraq ruled by al-Zarqawi.’ And then you just go down the list and say, ‘All right, we’ve got oil, money, sovereignty, access to the geographic center of gravity of the Middle East, blah, blah, blah.’ If you can just paint a mental picture for Joe America to say, ‘Oh my God, I can’t imagine a world like that.’” Several of the analysts want to know what “milestone” they should cite as the next goal; they want to, as one puts it, “keep the American people focused on the idea that we’re moving forward to a positive end.” The suggestion is to focus on establishing a new and stable Iraqi government. Another analyst notes, “When you said ‘long war,’ you changed the psyche of the American people to expect this to be a generational event.” They are also keenly interested in how to push the idea of a war with Iran. When the meeting ends, an obviously pleased Rumsfeld takes the entire group and shows them treasured keepsakes from his life.
Desired Results - The results are almost immediate. The analysts take to the airwaves and, according to the Pentagon’s monitoring system (see 2005 and Beyond), repeat almost verbatim the Pentagon’s talking points: that Rumsfeld is consulting “frequently and sufficiently” with his generals; that Rumsfeld is not “overly concerned” with the criticisms of his leadership; and that their briefing focused “on more important topics at hand,” including the next milestone in Iraq, the formation of a new government. Days later, Rumsfeld will write himself a memo distilling the analysts’ advice into bullet points. Two are underlined: “Focus on the Global War on Terror—not simply Iraq. The wider war—the long war” and “Link Iraq to Iran. Iran is the concern. If we fail in Iraq or Afghanistan, it will help Iran.”
'Total Disrespect' - At least one analyst is not pleased. ABC’s William Nash, a retired general, will recall, “I walked away from that session having total disrespect for my fellow commentators, with perhaps one or two exceptions.” [New York Times, 4/20/2008]

Entity Tags: William Nash, Joint Chiefs of Staff, Donald Rumsfeld, Peter Pace, US Department of Defense

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

The Washington Post acknowledges that it has recently turned over notes and materials to the Lewis Libby defense team in response to a subpoena it had received (see March 14, 2006). In a statement, the Post says it has turned over “the complete version of [reporter] Bob Woodward’s memo of his interview with Mr. Libby on June 27, 2003 (see June 27, 2003). This action did not pose legal or journalistic concerns to the Post or Mr. Woodward.” [New York Times, 4/19/2006]

Entity Tags: Bob Woodward, Washington Post, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Progressive columnist, author, and blogger Arianna Huffington writes that the recent motions by the New York Times, Time magazine, and other news organizations to quash subpoenas issued by the Lewis Libby defense team (see April 18, 2006) raise more questions than the organizations may be willing to answer. Huffington says that lawyers for the New York Times and its reporter Judith Miller are correct in calling Libby’s subpoenas a “fishing expedition” and accusing the lawyers of casting an overly “wide net.” However, the Times motion, in conjunction with the original Libby subpoena (see March 14, 2006), reveals that Libby’s lawyers want to know more about the situation surrounding Miller’s July 2003 conversation with Libby, in which he divulged classified information to her in order to influence her reporting on Iraq (see 8:30 a.m. July 8, 2003). Specifically, Libby’s lawyers, as well as Huffington and others, want to know if Miller proposed writing a story based on Libby’s disclosures. As Huffington writes: “If she did pitch the story, which Times editor did she pitch it to? What was their reaction? Why did no story result? Had the editors become so suspect of Miller’s sources and reporting that they refused to sign off on the story? Was she officially barred from writing about Iraq/WMD?” Huffington observes that it is obvious the Libby team intends to impugn Miller’s integrity as a journalist, and writes that such a defense tactic “mak[es] it all the more important for the paper to stop operating behind a veil of secrecy when it comes to Miller.” Huffington also notes that Miller has spoken to Times in-house lawyer George Freeman and to Vanity Fair reporter Marie Brenner about Valerie Plame Wilson; Brenner wrote an article saying that Miller had talked to numerous government officials about Plame Wilson’s identity both before and after her outing by columnist Robert Novak (see July 14, 2003). [Huffington Post, 4/20/2006] Lawyer Jeralyn Merritt, writing for the progressive legal blog TalkLeft, notes that special counsel Patrick Fitzgerald is likely very interested in determining which government officials Miller may have spoken to about Plame Wilson, but goes on to write that Miller may have already disclosed that information to Fitzgerald. [Jeralyn Merritt, 4/20/2006]

Entity Tags: New York Times, Jeralyn Merritt, George Freeman, Arianna Huffington, Judith Miller, Marie Brenner, Patrick J. Fitzgerald, Time magazine, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

William Jeffress, one of Libby’s lawyers.William Jeffress, one of Libby’s lawyers. [Source: Life]The legal team for accused felon Lewis Libby admits to twice leaking information to the media (see April 12, 2006). The admissions are included in a filing submitted by Libby’s lawyers in response to Judge Reggie Walton’s threat to issue a gag order (see April 13, 2006). The threatened gag order was in response to multiple press leaks emanating from “unnamed sources” involved in the Libby trial. Libby’s lawyers oppose the proposed gag order, which would dramatically curtail the lawyers’ ability to speak to reporters about the legal proceedings; special prosecutor Patrick Fitzgerald says he has no opinion on a gag order because his office does not talk to the media anyway. Libby’s lawyers acknowledge leaking two documents: Fitzgerald’s “correction” letter to an earlier statement implying that Libby had mischaracterized some of the elements of the 2002 National Intelligence Estimate (see October 1, 2002) to reporter Judith Miller, and information given to a Washington Post reporter to correct what lawyer William Jeffress believed was a misunderstanding on that reporter’s part that might have resulted in erroneous information being reported.
First Leak - Libby’s lawyers say they released the Fitzgerald letter to the press “in good faith,” and do not believe the release goes against the court’s earlier restrictions on making information public. They write: “When we received the letter, we assumed that the government wanted to correct the public record. We thought the government was motivated to file the letter because the government had realized that the erroneous sentence in its brief was responsible for spawning false news reports and wholly unjustified conjecture about possible misdeeds by Mr. Libby and his superiors. Nothing about the letter indicated that it was not to be disclosed publicly. It was not designated as confidential under the protective order in this case, and it did not contain any classified information.… When we received the letter, we simply assumed that it was a public filing that was intended to be entered in the public docket, because we believed its sole purpose was to correct inaccurate statements in a publicly filed brief. Accordingly, we swiftly disseminated it to the media—without any public statements by defense counsel—for the purpose of preventing the publication of any additional incorrect reports that Mr. Libby, the president, and/or the vice president had lied to the press and the public.” The lawyers deny releasing the letter for any “tactical advantage or for any other improper purpose.”
Second Leak - Jeffress spoke with one of two Washington Post reporters, R. Jeffrey Smith or Jim VandeHei. The reporter apparently misunderstood the content of an argument in an earlier legal brief, and called Libby’s legal team to discuss the brief. The reporter intended to file a report showing that Fitzgerald’s evidence undermined Libby’s contention that no one in the Bush White House was overly concerned with the criticisms of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Jeffress’s intent, he tells Judge Walton, was merely to ensure that the Post published an accurate news report that did not misconstrue the legal brief. Again, Jeffress says that he intended to gain no “tactical advantage” or “to interfere with a fair trial or otherwise prejudice the due administration of justice.” He was, he asserts, merely concerned that such an inaccurate report “would have been unfairly prejudicial to Mr. Libby.”
Convincing Arguments? - Criminal lawyer Jeralyn Merritt, writing for the blog TalkLeft, says that she finds the rationales for the two leaks convincing, and doubts that Judge Walton will issue any gag order. [Jeralyn Merritt, 4/21/2006; US District Court for the District of Columbia, 4/21/2006 pdf file; US District Court for the District of Columbia, 4/21/2006 pdf file; US District Court for the District of Columbia, 4/21/2006 pdf file]
Not the Only Press Leaks? - Author and blogger Marcy Wheeler, who has covered the trial since before it started, contends that Libby’s team is trying to imply that these two leaks are the only ones it has made. She strongly disagrees with this implication, and says that while there is no way to know what, if any, information the Libby team has leaked to the press besides these two incidents, the entire trial is about carefully orchestrated press leaks and Libby’s perjury about said leaks, and says she doubts the Libby team’s contention that they have not leaked other information to any members of the press. [Marcy Wheeler, 4/22/2006]

Entity Tags: Jeralyn Merritt, Jim VandeHei, Lewis (“Scooter”) Libby, Bush administration (43), Marcy Wheeler, Judith Miller, William Jeffress, Patrick J. Fitzgerald, Joseph C. Wilson, R. Jeffrey Smith, Washington Post, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

CBS’s 60 Minutes airs a half-hour interview with Italian journalist Elisabetta Burba, the first reporter to obtain the now-infamous forged documents that purported to show that Iraq attempted 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). The now-defunct 60 Minutes II had planned to show the segment just before the November 2004 elections, but questions from right-wing bloggers and commentators about another 60 Minutes II segment—one that showed President Bush did not fulfill his Texas Air National Guard duties during the Vietnam War—led CBS executives to pull the segment (see Late September 2004). [Newsweek, 9/23/2004; Rich, 2006, pp. 142-143; CBS News, 4/23/2006] CBS News president Andrew Heyward refused to air the story during the last week of September 2004, saying it would be “inappropriate” to air it during the last weeks of the 2004 presidential election campaign. Media observer Mary Jacoby says the CBS report contains little new information, but “is powerfully, coherently, and credibly reported.” She calls CBS “cowardly” for not airing the segment when it was originally scheduled. [Salon, 9/29/2004] Author Jane Hamsher, the owner of the progressive blog FireDogLake, writes that the 60 Minutes segment is “a simple, direct narrative that will reach millions of Americans and let them know that they have been duped.” The segment does not delve into the outing of CIA official Valerie Plame Wilson, staying strictly with the Iraq-Niger uranium claims, and, she writes, demonstrates that the officially sanctioned “investigations” into the claims were little more than “partisan hatchet jobs.” [Jane Hamsher, 4/23/2006]

Entity Tags: Valerie Plame Wilson, Mary Jacoby, George W. Bush, CBS News, Andrew Heyward, Jane Hamsher, Elisabetta Burba

Timeline Tags: Niger Uranium and Plame Outing

Karl Rove discusses his testimony with his lawyers outside the grand jury chambers.Karl Rove discusses his testimony with his lawyers outside the grand jury chambers. [Source: CNN / ThinkProgress]White House deputy chief of staff Karl Rove testifies before special prosecutor Patrick Fitzgerald’s grand jury for a fifth time. Rove partially waives his attorney-client privilege with his attorney, Robert Luskin, to allow Luskin to testify about conversations he had with Rove concerning Rove’s knowledge of the leak of CIA agent Valerie Plame Wilson’s identity. Rove is also questioned extensively about the contradictions between his previous testimony and the testimony of Time reporter Matthew Cooper regarding Rove and Cooper’s July 2003 conversation about Plame Wilson (see 11:00 a.m. July 11, 2003), and his conversations with conservative columnist Robert Novak (see July 8, 2003, July 8 or 9, 2003, and July 14, 2003). [Washington Post, 4/27/2006; National Journal, 4/28/2006; Washington Post, 7/3/2007] According to Luskin, Rove “indirectly” confirmed Plame Wilson’s CIA status to Novak. [Washington Post, 7/15/2006]
Changing Stories - Rove is asked how he learned of Plame Wilson’s CIA status, and the circumstances surrounding his leaking of that information to Cooper. Rove tells the jury that when he told Cooper that Plame Wilson was a CIA agent, he was merely passing along unverified gossip. Cooper has testified that Rove told him that Plame Wilson was a CIA agent, and that she played a role in sending her husband, Joseph Wilson, on a fact-finding mission to Niger in 2002 (see February 21, 2002-March 4, 2002). Cooper has testified that both Rove and Lewis Libby, the former chief of staff for Vice President Dick Cheney, portrayed the information about Plame Wilson as definitive. It was because of their definitive statements, Cooper testified, that he identified Plame Wilson in a July 2003 story for Time (see July 17, 2003). In his first interview by the FBI, Rove failed to tell the investigators that he had talked to Cooper at all (see October 8, 2003); he again failed to disclose the conversation during his early appearances before the grand jury (see February 2004). Later, Rove testified that he did indeed speak with Cooper, and that his earlier failures to disclose the information were due to lapses in his memory (see October 15, 2004). In his fourth appearance before the grand jury, Rove testified that he revealed Plame Wilson’s identity to the reporter (see October 14, 2005), a recollection prompted by the discovery of an e-mail Rove sent to then-Deputy National Security Adviser Stephen Hadley soon after his leak to Cooper (see March 1, 2004). Rove has also testified that he learned of Plame Wilson’s CIA status from a journalist or journalists, a claim strongly contradicted by evidence. He has said in previous testimony that he may have learned of Plame Wilson’s identity from Novak, who outed Plame Wilson in a July 2003 column (see July 14, 2003). Novak, however, has testified that he learned of Plame Wilson’s identity from Libby and Rove. A person with first-hand knowledge of the grand jury proceedings will later comment, “If you believe both of them, Novak was saying that Rove was his source, and Rove was saying that Novak was his source.” [Washington Post, 4/27/2006; National Journal, 4/28/2006] Rove says that he still doesn’t remember talking to Cooper, though he does not dispute the e-mail he sent to Hadley. [Bloomberg, 4/28/2006] He argues that it would have been foolish for him to attempt to lie to the FBI and to the grand jury, because he knew that whatever lies he might have chosen to tell would have eventually been exposed, and he would then risk going to jail. [Washington Post, 4/27/2006] It is difficult to reconcile Rove’s “indirect” confirmation of Plame Wilson’s identity for Novak with his earlier claims that he learned of Plame Wilson’s CIA status from Novak.
Lawyer's Statement - Rove’s lawyer Robert Luskin says in a written statement: “Karl Rove appeared today before the grand jury investigating the disclosure of a CIA agent’s identity. He testified voluntarily and unconditionally at the request of special counsel Patrick Fitzgerald to explore a matter raised since Mr. Rove’s last appearance in October 2005 (see October 14, 2005). In connection with this appearance, the special counsel has advised Mr. Rove that he is not a target of the investigation. Mr. Fitzgerald has affirmed that he has made no decision concerning charges. At the request of the special counsel, Mr. Rove will not discuss the substance of his testimony.” [CNN, 4/26/2006; Washington Post, 4/27/2006]
Difficulties in Proving Intent - Law professor and former federal prosecutor Dan Richman says that while Fitzgerald may well be trying to build a case against Rove for either perjury or obstruction of justice, it may be quite difficult to prove Rove intended to lie to the grand jury. Rove’s subsequent appearances before the jury might “prove to be an obstacle to any [potential] obstruction or perjury case in that the person ultimately cooperated and told what he knew,” Richman says. [National Journal, 4/28/2006]

Entity Tags: Joseph C. Wilson, Matthew Cooper, Lewis (“Scooter”) Libby, Robert Luskin, Karl C. Rove, Valerie Plame Wilson, Dan Richman, Robert Novak, Patrick J. Fitzgerald, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a motion to compel the testimonies of several reporters and news organizations whom it has already subpoenaed (see March 14, 2006). The New York Times, NBC News, Time magazine, and reporters Judith Miller, Matthew Cooper, and Andrea Mitchell have already filed motions to quash the Libby subpoenas (see April 18, 2006). Libby’s lawyers argue that the subpoenas are legal and just, and Libby has a right to compel the subpoenaed testimonies. According to the lawyers’ brief, reporters have “no right—under the Constitution or the common law—to deprive Mr. Libby of evidence that will help establish his innocence at trial.” In return, lawyers for the various press outlets say that Libby’s subpoenas are so broad that they threaten the integrity of their news gathering operations by targeting all of their employees, not just the three reporters involved in the case. [US District Court for the District of Columbia, 5/1/2006 pdf file; US District Court for the District of Columbia, 5/1/2006 pdf file; Associated Press, 5/2/2006] Author and blogger Marcy Wheeler writes that while the Libby team’s arguments about Cooper and Mitchell are strong, the arguments in regards to Miller are something else entirely. Wheeler accuses Libby, through his lawyers, of “totally mischaracterizing the nature of the lie he is accused of telling to” Miller during their meetings (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). She says that in her view, Miller repeatedly hedged her grand jury testimony (see September 30, 2005 and October 12, 2005) to “protect Libby,” but now Libby is using those hedges “to impugn Judy as a witness.” [Marcy Wheeler, 5/2/2006] Author Jane Hamsher and former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, note with some amusement that the Libby lawyers are relying on a new word: “misrecollected,” as in “whether it is Mr. Libby or the reporters who have misstated or misrecollected the facts,” or “it is Mr. Russert who has misrecollected or misstated the facts.” Hamsher and Smith write: “It’s being employed here for the purpose of avoiding an explicit discussion of what they’re really talking about, commingling under its broad tent two distinct activities: the act of remembering an event but failing to recall certain details, which would also be known as ‘forgetting,’ and the act of remembering things that never actually happened, which would be in effect ‘fabricating.’ They seem to be describing the latter while hoping for the more innocent overtones of the former.” [FireDogLake, 5/2/2006]

Entity Tags: Marcy Wheeler, Christy Hardin Smith, Andrea Mitchell, Jane Hamsher, Lewis (“Scooter”) Libby, Time magazine, Judith Miller, NBC News, Matthew Cooper, New York Times

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton holds a hearing to discuss numerous issues surrounding the upcoming Lewis Libby trial. One of the key areas of discussion is the involvement and expected testimony of White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003, October 8, 2003, October 15, 2004, October 14, 2005, and April 26, 2006). The Libby defense team wants to compel the disclosure of a raft of classified White House and CIA documents concerning Rove’s actions in the Valerie Plame Wilson identity leak, but special counsel Patrick Fitzgerald, saying he does not intend to call Rove as a witness, is refusing to ask the White House for those documents (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Fitzgerald admits to being legally compelled to turn over any material he has on witnesses he intends to call, but will not agree to go after material regarding witnesses he does not intend to call, especially when that material may prove to be to the defense’s benefit. For Libby, lawyer Theodore Wells says he intends to call Rove as a witness, and he wants Fitzgerald to battle with the White House for documents pertaining to Rove’s involvement in the leak. Fitzgerald retorts, as he has before, that the material Wells and his team are asking for is not germane to a perjury defense. In the process, Wells falsely claims that a legal precedent exists for forcing a government prosecution to seek evidence the defense wants, and Walton is briefly taken in by his deception before learning that Wells is misrepresenting the case law. Fitzgerald says flatly: “I’m responsible for the government’s case… and turning over my obligations. I am not responsible for preparing the defense case. And the case law, and Your Honor cited it. It is material defined by the indictment and the government’s case in chief. You just can’t say I’m going to call 20 witnesses so give me everything about them. We then would have effectively open-file discovery or beyond that and I don’t agree with that reading of the law.” The conversation, especially on Fitzgerald’s part, is circumspect, with all parties well aware that the hearing is being held in open court. However, Walton is somewhat testy with Wells during one exchange. Referring to Wells’s stated intention to introduce former ambassador Joseph Wilson’s classified CIA report on the Iraq-Niger uranium claims (see March 4-5, 2002), Walton says, “I don’t see how this is relevant to the case.” Any focus on Wilson’s report would turn the trial into an inquiry on “statements the president made in the State of the Union (see Mid-January 2003 and 9:01 pm January 28, 2003). You want to try the legitimacy of us going to war.” [US District Court for the District of Columbia, 5/5/2006 pdf file; Bloomberg, 5/5/2006; Marcy Wheeler, 6/15/2006]
Defense: Libby Small Part of Larger White House Operation - Wells makes a statement that indicates he and his fellow attorneys intend to try to prove that Libby was indeed a small part of a much larger White House operation. He says: “It wasn’t just him [Libby]. He was involved in what was a multi-agency response. It was [sic] Office of the Vice President. It was the Office of the President.” Former prosecutor Christy Hardin Smith calls Wells’s statement a “‘Hello, Karl’ moment,” and notes that Wells is trying to go in at least two different directions: Libby’s memory is demonstrably faulty (see January 31, 2006) and he is being made into a White House scapegoat. Smith observes, “Team Libby is going to have a very tough time indeed if they are going to play such substantially adverse ends of the spectrum against each other at trial in order to raise reasonable doubt in the jurors’ minds.” [Christy Hardin Smith, 5/12/2006]
Author: Defense May Not Intend to Call Rove, Maneuvering for Materials Instead? - Author and blogger Marcy Wheeler, who is closely following the case, will later write that she is not at all sure that Libby’s lawyers really intend to call Rove as a defense witness. “But they seem awfully interested in getting all the materials relating, presumably, to Rove’s conversation with [columnist Robert] Novak (see July 14, 2003). They sure seem interested in knowing what Rove said, and whether they can make certain arguments without Rove refuting those arguments.” [Marcy Wheeler, 6/15/2006]

Entity Tags: Karl C. Rove, Christy Hardin Smith, Bush administration (43), Joseph C. Wilson, Theodore Wells, Reggie B. Walton, Marcy Wheeler, Executive Office of the President, Office of the Vice President, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The Wall Street Journal’s Stephen Moore interviews reclusive billionaire Charles Koch, the head of the Koch Brothers oil empire. Among the items of interest in the interview is Koch’s admission that he, along with his brother David (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, and Late 2004), coordinates the funding of the conservative infrastructure of some of the most influential front groups, political campaigns, think tanks, media outlets, and other such efforts through a semiannual meeting with wealthy conservative donors. (Moore himself receives Koch funding for his work, according to a Think Progress report published four years later. In return, Moore is quite laudatory in the interview, writing that Koch is a “creative forward-thinking… professorial CEO” who “is immersed in the ideas of liberty and free markets.”) Koch tells Moore that his basic goal is to strengthen what he calls the “culture of prosperity” by eliminating “90 percent” of all laws and government regulations. Moore writes of the twice-yearly conference: “Mr. Koch’s latest crusade to spread the ideas of liberty has been his sponsorship of a twice-yearly conference that gathers together many of the most successful American entrepreneurs, from T. Boone Pickens to former Circuit City CEO Rick Sharp. The objective is to encourage these captains of industry to help fund free-market groups devoted to protecting the fragile infrastructure of liberty. That task seems especially critical given that so many of the global superrich, like George Soros and Warren Buffett, finance institutions that undermine the very system of capitalism that made their success possible (see January - November 2004). Isn’t this just the usual rich liberal guilt, I ask. ‘No,’ he says, ‘I think they simply haven’t been sufficiently exposed to the ideas of liberty.’” [Wall Street Journal, 5/6/2006; Think Progress, 10/20/2010]

Entity Tags: Think Progress (.org), Charles Koch, Wall Street Journal, David Koch, Stephen Moore

Timeline Tags: Civil Liberties

Conservative columnist Byron York writes that in his view, one of the overarching conflicts between Patrick Fitzgerald’s prosecution team and the defense team of Lewis Libby is that of the “size” of the case. Fitzgerald wants to focus on the “little case,” the narrow parameters of the perjury charges Libby faces: namely, did Libby lie under oath when he told Fitzgerald’s grand jury that he learned of Valerie Plame Wilson’s CIA identity from NBC reporter Tim Russert (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003)? Fitzgerald, York writes, has abandoned his pursuit of the larger case—who leaked Plame Wilson’s identity, why was it leaked, and did it violate the Intelligence Identities Protection Act, the Espionage Act, or some other law? York writes: “He has learned about the Big Case as much as one man with subpoena power, no supervision, unlimited funds, and no hesitation to threaten reporters with jail can learn. He just doesn’t want to talk about it.” On the other hand, Libby’s team wants to focus on the larger case. Was Libby merely following orders from senior Bush administration officials who felt “under attack” by Plame Wilson’s husband, war critic Joseph Wilson, and others? York writes: “Libby might have simply forgotten some of the details, and because of that testified incorrectly, his lawyers contend, because he was focusing on the big picture. If Libby’s defense team had its way, the whole thing—the Big Case—would be re-fought in the courtroom.” Judge Reggie Walton is trying to balance the two interests, York observes, and finding it understandably difficult to do so. [National Review, 5/10/2006]

Entity Tags: Joseph C. Wilson, Bush administration (43), Byron York, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Valerie Plame Wilson, Reggie B. Walton, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a brief with the court concerning the newspaper articles he intends to introduce during the trial of former White House official Lewis Libby. Fitzgerald says he intends to submit only one article in its entirety, a copy of the New York Times op-ed written by former ambassador Joseph Wilson (see July 6, 2003), and he intends to instruct the jury that the op-ed is not necessarily being submitted for its factual accuracy so much as for the handwritten annotations made on the copy by Vice President Dick Cheney (see May 14, 2006). Fitzgerald says he also intends to submit five other news articles in redacted form, including Robert Novak’s article that outed Valerie Plame Wilson (see July 14, 2003). Fitzgerald’s brief reads in part: “The July 14 Chicago Sun Times column by Mr. Novak is relevant because on the day the article was published, a CIA official was asked in the defendant’s presence, by another person in the OVP [Office of the Vice President], whether that CIA official had read that column. (The CIA official had not.) At some time thereafter… the CIA official discussed in the defendant’s presence the dangers posed by disclosure of the CIA affiliation of one of its employees as had occurred in the Novak column. This evidence directly contradicts the defense position that the defendant had no motive to lie because at the time of his interview and testimony the defendant thought that neither he nor anyone else had done anything wrong. Moreover, the evidence rebuts the defense assertion that the defendant could have easily forgotten his conversations with reporters Cooper and Miller on July 12 (see 2:24 p.m. July 12, 2003 and Late Afternoon, July 12, 2003) if he learned of the potential consequences of such disclosures as a result of the publication of the Novak column on July 14. Instead, the evidence about the conversation concerning the Novak column provides a strong motivation for the defendant to provide false information and testimony about his disclosures to reporters.” [US District Court for the District of Columbia, 5/12/2006 pdf file; US District Court for the District of Columbia, 5/12/2006 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney.A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney. [Source: Department of Justice / New York Times] (click image to enlarge)Special prosecutor Patrick Fitzgerald, pursuing charges that former vice-presidential chief of staff Lewis “Scooter” Libby lied to his grand jury about revealing the identity of CIA undercover agent Valerie Plame Wilson (see January 2004, March 5, 2004, and March 24, 2004), introduces into evidence a document that directly implicates Libby’s former boss, Vice President Dick Cheney, in Libby’s allegedly criminal behavior.
Notated Clipping - Fitzgerald submits an original clipping of a New York Times op-ed written by Plame Wilson’s husband, Joseph Wilson, challenging the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003). The clipping bears notations in Cheney’s own hand, as well as Cheney’s fingerprints. Cheney’s commentary reads: “Have they done this sort of thing before? [Cheney is referring to the CIA’s decision to send Wilson to Niger to investigate the uranium claims—see February 21, 2002-March 4, 2002.] Send an amb. to answer a question. Do we ordinarily send people out to do pro bono work for us? Or did his wife send him on a junket?” It is unclear when Cheney made the notes, but prosecutors believe they were taken before the July 14, 2003 column by Robert Novak that outed Plame Wilson (see July 14, 2003). According to Fitzgerald’s filing, Cheney’s copy of the op-ed is now “at the center of the sequence of events leading” to Libby’s alleged perjury and obstruction of justice. [CNN, 5/14/2006; New York Times, 5/14/2006; Newsweek, 5/16/2006]
'Acutely Focused' Attention of Cheney, Libby on Wilson - The filing goes on to state that Cheney’s notes support the idea that Wilson’s op-ed drew the attention of Cheney and Libby, and “acutely focused” their attention on Wilson’s assertions “and on responding to those assertions.… The article, and the fact that it contained certain criticisms of the administration, including criticism regarding issues dealt with by the Office of the Vice President, serve both to explain the context of, and provide the motive for, many of the defendant’s statements and actions at issue in this case. The annotated version of the article reflects the contemporaneous reaction of the vice president to Mr. Wilson’s op-ed article, and thus is relevant to establishing some of the facts that were viewed as important by the defendant’s immediate superior, including whether Mr. Wilson’s wife had sent him on a junket.” [CNN, 5/14/2006; Newsweek, 5/16/2006] Libby testified before the grand jury about the annotated op-ed, and that testimony is now entered into evidence. Libby said he recalled discussing the issues with Cheney, and said of those conversations: “I recall that along the way he asked, ‘Is this normal for them to just send somebody out like this uncompensated, as it says?’ He was interested in how did that person come to be selected for this mission. And at some point, his wife worked at the agency, you know, that was part of the question.” A prosecutor asked Libby, “Was it a topic that was discussed on a daily basis… on multiple occasions each day in fact?” Libby answered, “Yes, sir.” Libby acknowledged that during that time, Cheney indicated that he was upset about the Wilson article and what he considered to be false attacks on his credibility, saying: “I recall that he was very keen to get the truth out. He wanted to get all the facts out about what he [Cheney] had or hadn’t done—what the facts were or were not. He was very keen on that and said it repeatedly. ‘Let’s get everything out.’” During his testimony before the grand jury, prosecutors did not believe Libby’s assertion that Cheney might have “scribbled” notes on the Wilson op-ed on July 14, the day Novak’s column was published. Libby testified: “And I think what may have happened here is what he may have—I don’t know if he wrote, he wrote the points down. He might have pulled out the column to think about the problem and written on it, but I don’t know. You’ll have to ask him.” [National Journal, 1/12/2007]
Cheney's Other Actions - Fitzgerald has already asserted that Cheney had attempted to pass Wilson’s trip to Niger off as a “junket”—essentially a taxpayer-funded excursion with little real purpose—to discredit Wilson’s claims about the Iraq-Niger affair. Fitzgerald has also asserted that Cheney, acting with the approval of President Bush, authorized Libby to disclose some of the classfied portions of the 2002 National Intelligence Estimate on Iraq (see October 1, 2002, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) to reporters to rebut some of Wilson’s claims. The Cheney notes provide, in reporter Michael Isikoff’s words, “significant new context to that assertion.” The notes show that Cheney had “personally raised questions about Wilson’s trip right after the publication of the Wilson column—and five days before Libby confirmed to Time reporter Matt Cooper that he had ‘heard’ that Wilson’s wife… had played a role in sending him to Africa” (see July 13, 2005). [CNN, 5/14/2006; Newsweek, 5/16/2006]
Cheney 'at Center of Campaign to Discredit Wilson' - Authors Lou Dubose and Jake Bernstein later write, “The annotation places Cheney at the center of the campaign to discredit Wilson, aware early on that Wilson’s wife was a CIA agent.” [Dubose and Bernstein, 2006, pp. 217] Plame Wilson herself will write: “Given Cheney’s vaunted decades of government service, it is frankly unbelievable that he would ask such questions. He would have known that the CIA frequently sends US citizens abroad, on a pro bono basis, to answer specific intelligence questions. It is even quite possible that the CIA debriefed employees of Halliburton, the multinational company that Cheney headed prior to becoming vice president, when they returned from business trips in restricted countries of interest to the United States. Cheney’s marginal notes should be more accurately interpreted as marching orders to staff on how to spin Joe’s story so that Cheney could stay as far from it as possible while simultaneously undermining Joe’s credibility.” (Emphasis in the original.) [Wilson, 2007, pp. 288]

Entity Tags: George W. Bush, Michael Isikoff, Jake Bernstein, Joseph C. Wilson, Lewis (“Scooter”) Libby, Lou Dubose, Valerie Plame Wilson, Office of the Vice President, Patrick J. Fitzgerald, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The Libby defense team files a brief with the court arguing that the special counsel’s recent filing about presentation of news articles into evidence is unsatisfactory (see May 12, 2006), and says that the prosecution must not be allowed to present a copy of former ambassador Joseph Wilson’s New York Times op-ed (see July 6, 2003), annotated with notes written by Vice President Dick Cheney (see May 14, 2006), into evidence. The defense says that Lewis Libby had never seen the op-ed before the FBI showed it to him in November 2003 (see October 14, 2003 and November 26, 2003). “These arguments are tantamount to an acknowledgment that the state of mind of witnesses other than Mr. Libby will be important at trial,” Libby’s lawyers write. The defense also reiterates arguments that the government must provide classified documents for Libby to mount an adequate defense (see May 12, 2006), and reassures Judge Reggie Walton that they do not intend “to use this case to reargue the reasons why the United States invaded Iraq.” They acknowledge that given the fact that a jury will made up of Washington, DC, residents, “such an approach would be a foolish and self-destructive trial strategy.” [US District Court for the District of Columbia, 5/19/2006 pdf file; NBC News, 5/20/2006; Washington Post, 5/20/2006]

Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Reggie B. Walton, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Memo from Dallas Lawrence citing “karl and dorrance smith.”Memo from Dallas Lawrence citing “karl and dorrance smith.” [Source: US Department of Defense] (click image to enlarge)Pentagon official Allison Barber circulates a memo destined for the Assistant Secretary of Defense for Public Affairs, Dorrance Smith. The memo suggests that “[b]ased on the success of our previous trips to Iraq with the Retired Military Analysts, I would like to propose another trip to Iraq and Afghanistan. Smith is referencing the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond), which uses retired military officers as “military analysts” for the various television news channels to promote the Pentagon and White House’s Iraq policies. The same day, Pentagon official Dallas Lawrence, who is directly involved in the propaganda operation (see June 21, 2005 and June 24, 2005), replies to Barber’s memo. Lawrence advises Barber to drop the request for an Afghanistan tour because it may not happen, and by leaving it out of the proposal, “we (you) won’t find yourself having to explain why it didn’t happen after he briefed it to karl at the weekly meeting.” The reference to “karl” cannot be proven to be White House political adviser Karl Rove, but, as Salon columnist Glenn Greenwald will note in 2008, “In the documents I reviewed, I haven’t seen any other ‘Karl’ referenced who works at the [Defense Department]. These are fairly high-ranking [Defense Department] officials and there aren’t many people they’re worried about having to explain themselves to (Smith’s position as Assistant Defense Secretary was one requiring Senate confirmation and he reported to Rumsfeld). Given the significant possibility that this program was illegal (see April 28, 2008 and May 6, 2008), and given [White House Press Secretary Dana] Perino’s denial of the White House’s knowledge of it (see April 30, 2008), this question—whether the ‘karl’ being briefed on the program was Karl Rove—certainly seems to be one that should be asked.” The likelihood that Rove is indeed involved in the propaganda program is bolstered by other Defense Department e-mails from Lawrence and other officials noting that they are attempting to have both President Bush and Deputy National Security Adviser Stephen Hadley (see April 30, 2008), an idea that “was submitted to karl and company from dorrance smith last week.” Greenwald will write that due to the proposed involvement of Bush and Hadley, the “karl” of the memos must by necessity be Karl Rove. If true, Rove’s involvement means that the White House is directly involved in a highly unethical and probably illegal (see April 28, 2008) domestic propaganda operation. [Salon, 5/16/2008]

Entity Tags: Dana Perino, Allison Barber, Bush administration (43), Dallas Lawrence, US Department of Defense, Dorrance Smith, Stephen J. Hadley, Karl C. Rove, Glenn Greenwald

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

Vice President Dick Cheney may be called to testify for the prosecution in the Lewis Libby perjury and obstruction trial, says special counsel Patrick Fitzgerald in a brief filed with the court. Libby once served as Cheney’s chief of staff and Cheney could authenticate handwritten notes he wrote on a copy of an op-ed written by war critic Joseph Wilson (see May 14, 2006). Furthermore, Fitzgerald says, Cheney’s “state of mind” is directly relevant to the question of Libby’s alleged lying to FBI agents (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004) about leaking the identity of CIA official Valerie Plame Wilson. Libby “shared the interests of his superior and was subject to his direction,” Fitzgerald writes in court documents. “Therefore, the state of mind of the vice president as communicated to [the] defendant is directly relevant to the issue of whether [the] defendant knowingly made false statements to federal agents and the grand jury regarding when and how he learned about [Plame Wilson’s] employment and what he said to reporters regarding this issue.” Libby’s lawyers have asserted that Fitzgerald would not subpoena Cheney’s testimony, an assertion that Fitzgerald says is premature. “To the best of government’s counsel’s recollection, the government has not commented on whether it intends to call the vice president as a witness.” [US District Court for the District of Columbia, 5/24/2006 pdf file; US District Court for the District of Columbia, 5/24/2006 pdf file; Associated Press, 5/25/2006] Criminal defense lawyer Jeralyn Merritt, covering the Libby prosecution at the progressive blog TalkLeft, explains that Fitzgerald is more concerned with authenticating the handwritten notes Cheney made on Wilson’s op-ed than he is in putting Cheney on the stand. Merritt writes, “Fitz believes this blows a big hole in Libby’s testimony that he learned of Wilson’s wife working for the CIA from Tim Russert on July 10 or 11th” (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003). [Jeralyn Merritt, 5/24/2006] Salon reporter Tim Grieve believes that Fitzgerald may well be planning on having Cheney take the stand. In his column, Grieve writes that according to his interpretation of Fitzgerald’s brief, “Fitzgerald makes it clear—without saying so explicitly—that he’d like to put Cheney on the stand [t]o question him about the conversations he had with Libby about Wilson’s column, and in the process to undercut Libby’s claim that those conversations didn’t involve the identity of Wilson’s wife.” [Salon, 5/24/2006]

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Tim Grieve, Jeralyn Merritt, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Civil Liberties

Judge Reggie Walton issues an order disallowing, in large part, the Libby defense team’s motions to compel discovery of an array of government classified documents (see March 17, 2006, April 5, 2006, May 12, 2006, and May 19, 2006). “[T]he defendant’s motion to compel is largely without merit,” Walton writes. He recognizes that the charges against Lewis Libby are impacted by former ambassador Joseph Wilson’s criticism of the Iraq invasion (see July 6, 2003), Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), and the exposure of Wilson’s wife, Valerie Plame Wilson, as a CIA official (see July 14, 2003). Walton intends to allow a “limited” amount of evidence to be admitted in regards to these concerns, but, he writes, “these events have merely an abstract relationship to the charged offenses.” [US District Court for the District of Columbia, 6/2/2006 pdf file] Walton also compels prosecutor Patrick Fitzgerald to turn over “substitutes” for classified documents pertaining to Plame Wilson’s employment history with the CIA, potential damage caused by Plame Wilson’s identity disclosure, and the names of “three individuals whose identities were redacted from classified documents previously made available to the defense.” [US District Court for the District of Columbia, 6/2/2006 pdf file] According to Salon’s Tim Grieve, Walton is clearly siding with Fitzgerald’s “small case” view over the Libby team’s “big case” view (see May 10, 2006), focusing primarily on the issue of Libby’s alleged perjury and disallowing Libby’s efforts to refocus the case on the Bush administration’s response to criticisms of its handling of the Iraq war. [Salon, 6/2/2006]

Entity Tags: Joseph C. Wilson, Reggie B. Walton, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Tim Grieve, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

In an op-ed, the Wall Street Journal harshly criticizes the Patrick Fitzgerald prosecution of Lewis Libby (see October 28, 2005), and objects to Fitzgerald’s intention to use a July 2003 Journal column as evidence of Libby’s perjury. According to the Journal, the key passage from that column reads: “One of the mysteries of the recent yellowcake uranium flap is why the White House has been so defensive about an intelligence judgment that we don’t yet know is false, and that the British still insist is true. Our puzzlement is even greater now that we’ve learned what last October’s National Intelligence Estimate really said.” Now, the Journal writes, that column proved the editorial staff’s assertion that President Bush was truthful in his January 2003 assertion that Iraq had attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), and former ambassador Joseph Wilson’s allegation that Bush was untruthful was, itself, untruthful (see July 6, 2003). Fitzgerald’s decision to use the Journal editorial “suggests that his case is a lot weaker than his media spin,” the Journal writes. The Journal notes that Libby was not a source for the 2003 editorial, “which quoted from the October 2002 National Intelligence Estimate concerning the Africa-uranium issue. But Mr. Fitzgerald alleges in a court filing that Mr. Libby played a role in our getting the information, which in turn shows that ‘notwithstanding other pressing government business, [Libby] was heavily focused on shaping media coverage of the controversy concerning Iraqi efforts to obtain uranium from Niger.’” According to the Journal, Fitzgerald is asserting that government officials such as Libby “have no right to fight back against critics who make false allegations,” and continues, “To the extent our editorial is germane to this trial, in fact, it’s because it puts Mr. Libby’s actions into a broadly defensible context that Mr. Fitzgerald refuses to acknowledge.” The editorial concludes by asserting that Fitzgerald is siding with Wilson against Libby and the Bush administration in what it calls “a political fight.” [Wall Street Journal, 6/6/2006] Former state prosecutor Christy Hardin Smith, covering the Libby trial at the progressive blog FireDogLake, uses lengthy excerpts from Judge Reggie Walton’s rulings to show that the Journal op-ed will, indeed, serve as evidence of Libby’s perjury. Smith accuses the Journal editorial staff of “shilling” for Libby and the Bush administration, and of being “willing participants” in a cover-up that would result in “lawbreakers” such as Libby going unpunished. [Christy Hardin Smith, 6/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, Christy Hardin Smith, George W. Bush, Joseph C. Wilson, Wall Street Journal, Patrick J. Fitzgerald, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

The dead Abu Musab al-Zarqawi.The dead Abu Musab al-Zarqawi. [Source: US army]Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, is apparently killed in a US airstrike north of Baghdad. There are contradictory details of what exactly happened in the airstrike, and three days later the Washington Post will report that “circumstances surrounding the killing [remain] cloudy.” [Washington Post, 6/10/2006] His killing is hailed by US and Iraqi officials as the most significant public triumph for US-allied forces since the 2003 capture of Saddam Hussein. For instance, Defense Secretary Rumsfeld calls him “the leading terrorist in Iraq and one of three senior al-Qaeda leaders worldwide.” The Washington Post calls al-Zarqawi the “mastermind behind hundreds of bombings, kidnappings and beheadings in Iraq.” [Washington Post, 6/8/2006; Washington Post, 6/10/2006] These pronouncements and media reports ignore a revelation made two months earlier by the Washington Post that the US military has been engaged in a propaganda campaign to exaggerate al-Zarqawi’s importance. The newspaper had reported that Zarqawi wasn’t behind nearly as many attacks as commonly reported (see October 4, 2004 and April 10, 2006). Even a Washington Post article about the propaganda surrounding al-Zarqawi published two days after his death will fail to mention any of the details provided in the Post’s original reporting on the campaign. [Washington Post, 6/10/2006] Later in the month, an audiotape surfaces in which bin Laden supposedly praises al-Zarqawi as a martyr (see June 30, 2006), calling him a “brave knight” and a “lion of jihad.” US officials say the tape is genuine, however it should be noted that a letter from 2004 said to tie al-Zarqawi to al-Qaeda leadership is believed by many experts to be a US-government promoted hoax (see April 10, 2006). [Washington Post, 6/30/2006] Al-Zarqawi did pledge loyalty to bin Laden in 2004, but they don’t appear to have been closely linked before then and there even are doubts about how close their relationship was after that time (see October 17, 2004).

Entity Tags: Al-Qaeda, Abu Musab al-Zarqawi, Donald Rumsfeld, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

Joseph Wilson poses with Yearly Kos participant Natasha Chart.Joseph Wilson poses with Yearly Kos participant Natasha Chart. [Source: Pacific Views (.org)]Former ambassador Joseph Wilson, who became the target of a White House smear campaign after he publicly criticized the government’s push for war with Iraq (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), receives a standing ovation from the audience at his appearance at the Yearly Kos convention in Las Vegas. The convention is a group of bloggers and citizen journalists, mostly liberals and progressives, organized by the Daily Kos Web site. About a thousand convention goers gather to hear Wilson speak during one of the day’s panel discussions. Wilson says he will not be intimidated by what he calls a White House campaign to obscure lies told during the run-up to the war in Iraq. “We must and we can stand up to the schoolyard bullies and insure that these decisions on war and peace and other major issues are undertaken with the consent of the governed,” he says. Wilson goes on to say that the indictment of former White House official Lewis Libby (see October 28, 2005) and the disclosures about the case that have come in subsequent court filings have vindicated him against critics who claim he lied or misrepresented the facts surrounding his 2002 mission to Africa (see February 21, 2002-March 4, 2002 and July 6, 2003). “As facts emerge, of course, the dwindling number of those who still believe the thesis of ‘Wilson is a liar, or has been discredited,’ are either victims of the ongoing disinformation campaign or the willful perpetrators of it,” he says. Wilson affirms that neither he nor his wife, exposed CIA official Valerie Plame Wilson, intend to run for elective office. “I can assure you that neither she [nor] I intend to do anything other than return to our private lives,” he says.
Former CIA Agent Reaffirms Damage Done by Plame Wilson's Exposure - One of Wilson’s panel colleagues, former CIA agent and State Department official Larry Johnson (see September 30, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003), says partisan Republicans have lost sight of the gravity of what he believes was a deliberate campaign to expose Plame Wilson’s status for political reasons. “How it is that conservative Republicans can excuse what is nothing short of treason is beyond me,” he says. Johnson describes himself as “a lifelong conservative.” He reiterates his earlier statements that Plame Wilson was not publicly known as a CIA official before being “outed” by columnist Robert Novak (see July 14, 2003). “Valerie Plame, Valerie Wilson was an undercover CIA officer until the day her name appeared in Robert Novak’s column,” Johnson says. Libby’s lawyers have said they have witnesses who will testify that Plame Wilson’s CIA affiliation was known outside the government, but they have not identified those witnesses. Plame Wilson’s exposure did “damage… to the intelligence operations of the Central Intelligence Agency and ultimately to the security of this nation,” Johnson tells the audience. White House political strategist Karl Rove, whom Wilson once said should be “frog marched” out of the White House in handcuffs (see August 21, 2003), should have his security clearance revoked and be fired, Johnson says, regardless of whether he is indicted.
Journalists: Media Did Not Do Its Job in Covering Story - Another panel member, the Washington Post’s Dan Froomkin, says journalists have become so preoccupied by the jailing of fellow reporter Judith Miller (see October 7, 2004) that they have lost sight of the broader story. “The really sad moment for journalism here is, faced with this incredibly important story, reporters didn’t go out and develop sources for this story,” he says. “This is a hell of a story.” Froomkin calls Miller “a humiliated and discredited shill,” presumably for the Bush administration. Fellow panel member Murray Waas of the National Journal says most major news outlets have not adequately covered the story. “There’s no reporter for any major news organization covering it even one or two days a week,” he says. “I don’t know why.” Waas says that perhaps some editors have ignored the story because it involves leaks to reporters at those same news outlets. “Their own role is so comprised that they hope it just goes away,” he says. [New York Sun, 6/10/2006]

Entity Tags: Karl C. Rove, Daily Kos, Central Intelligence Agency, Bush administration (43), Dan Froomkin, Judith Miller, Larry C. Johnson, Robert Novak, Joseph C. Wilson, Valerie Plame Wilson, Murray Waas

Timeline Tags: Niger Uranium and Plame Outing

In an interview, Larry Wilkerson, the former chief of staff to ex-Secretary of State Colin Powell, recalls learning that for all intents and purposes, Vice President Cheney and his staff, and not President Bush and his staff, runs the US government’s foreign policy (see September 2000, Late December 2000 and Early January 2001, and Mid-September, 2001). Wilkerson, a veteran politician with a strong understanding of bureaucracy, came to this understanding over the course of his four years in the State Department. Many procedures seemed peculiar to him, particularly the practice of Cheney’s national security staffers—part of Cheney’s shadow National Security Council, an unprecedented event in and of itself—reading all of the e-mail traffic between the White House and outside agencies and people. The reverse is not true; Cheney’s staff jealously guards its privacy, even from presidential aides. “Members of the president’s staff sometimes walk from office to office to avoid Cheney’s people monitoring their discussions,” Wilkerson recalls. “Or they use the phone.” A former White House staffer confirms Wilkerson’s perceptions. “Bush’s staff is terrified of Cheney’s people,” the former staffer says. Further, Cheney has liberally salted Bush’s staff with his own loyalists who report back to him about everything Bush’s staff does. Again, the reverse is not true; Cheney’s staff is small, tight, and intensely loyal to their boss. Two of Cheney’s “eyes and ears” in the White House are, or were, Stephen Hadley, formerly the deputy national security adviser before assuming the position himself; and Zalmay Khalilzad, formerly on the National Security Council before becoming the US ambassador to Baghdad. Other members of Cheney’s staff have undue influence over other agencies. One example is Attorney General Alberto Gonzales, who, despite being the nation’s top law enforcement officer, always defers to the legal judgment of Cheney’s former top legal counsel and current chief of staff David Addington. “Al Gonzales is not going to stand up to [Addington],” a former military officer who worked with both Gonzales and Addington says. [Dubose and Bernstein, 2006, pp. 176-177]

Entity Tags: Richard (“Dick”) Cheney, Alberto R. Gonzales, Bush administration (43), David S. Addington, Lawrence Wilkerson, Office of the Vice President, Zalmay M. Khalilzad, US Department of State, Stephen J. Hadley

Timeline Tags: US International Relations

Marc Ash, the publisher of the progressive news Web site Truthout (.org), attempts to distance his publication from reports it provided that asserted, falsely, that White House political strategist Karl Rove had been indicted (see May 13, 2006 and June 13, 2006). Ash says that because of the “hysteria” surrounding the reports—including an unsubstantiated report that Truthout reporter Jason Leopold had impersonated another reporter in the course of his reporting (see June 18, 2006)—Truthout is “going to stand down on the Rove matter at this time.” Truthout will instead “defer… to the nation’s leading publications,” which have never verified Leopold’s reporting. “We are expressly endeavoring to mitigate hysteria,” Ash says. At the same time, he adds, “There is no indication that Mr. Leopold acted unethically… we stand firmly behind Jason Leopold.” Ash says he is not convinced that the story of Leopold’s posing as another reporter is true: that story, he says, “originated with Mark Corallo,” Rove’s spokesman. “Corallo seems to think that Jason Leopold misrepresented himself as Joe Luria [sic]… as an attempt to get Corallo on the telephone.… I haven’t gotten anything to back that up.” [TPM Muckraker, 6/19/2006]

Entity Tags: Karl C. Rove, Jason Leopold, Truthout (.org), Marc Ash, Mark Corallo

Timeline Tags: Niger Uranium and Plame Outing

Al-Qaeda deputy leader Ayman al-Zawahiri also mentioned the death of Abu Musab al-Zarqawi in a video.Al-Qaeda deputy leader Ayman al-Zawahiri also mentioned the death of Abu Musab al-Zarqawi in a video. [Source: As Sahab]A man said to be Osama bin Laden releases an audio message following the death of Abu Musab al-Zarqawi, who was said to be head of al-Qaeda’s franchise in Iraq (see June 8, 2006). The voice says that al-Zarqawi, who died following a US air strike, is “one of our greatest knights and one of our best emirs… We were very happy to find in him a symbol and role model for our future generations.” The voice, which the CIA says is bin Laden’s, also asks that al-Zarqawi’s body be returned to Jordan, where he was born. The speaker also says: “We will continue, God willing, to fight you and your allies everywhere, in Iraq, Afghanistan, Somalia and Sudan, until we drain your money and kill your men and send you home defeated, God willing, as we defeated you before, thanks to God, in Somalia.” The message lasts almost 20 minutes and is posted on a website associated with al-Qaeda. [CNN, 6/30/2006] Al-Zarqawi pledged loyalty to bin Laden in 2004 (see October 17, 2004).

Entity Tags: Abu Musab al-Zarqawi, Central Intelligence Agency, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

The cover of ‘Conservatives Without Conscience.’The cover of ‘Conservatives Without Conscience.’ [Source: Barnes and Noble (.com)]Author and former Nixon White House counsel John Dean writes in his book Conservatives Without Conscience that it was never public opinion that drove Richard Nixon to resign his office (see August 8, 1974).
Loss of Support among White House Officials Forced Resignation - In 1981, social scientist Bob Altermeyer wrote in his book Right Wing Authoritarianism that Nixon resigned, not because of his plummeting poll ratings, but “because [Nixon]‘s attorney had forced the disclosure of evidence so damaging that it seemed certain he would be convicted of high crimes by the Senate.” Dean approvingly cites Altermeyer’s conclusion and adds, “This is true, but there is more to the story.” Nixon had a number of legal recourses to answer any charges brought against him, Dean writes, “many of which [President] Bush and [Vice President] Cheney are promoting today under the rubric of national security and the inherent power of the presidency.” Nixon finally resigned, Dean argues, not because of public opinion, or of fear of the law, or even because of the erosion of support he suffered among members of Congress. It was the abandonment of Nixon by his own defenders in the White House that finally drove Nixon to resign. “Other than White House counsel Fred Buzhardt, and possibly chief of staff Al Haig (with whom Buzhardt had roomed at West Point), no one was aware that Nixon was lying about what he knew and when he knew it once the cover-up had initially fallen apart. Nixon provided the lawyer he had hired to defend him in the House’s impeachment inquiry (see May 9, 1974), James St. Clair, with false information, and St. Clair—as it happened—was a man of integrity and not a right-wing authoritarian follower. When he found out that his client had lied to him he had two choices: to resign or to join the new cover-up. He was, as it happened, interested in participating in the latter.”
Bush, Cheney Would Defy Law, Dean Argues - Dean continues: “Nixon at one point considered defying the Supreme Court ruling that he turn over his incriminating tapes (evidence that revealed that his defense was a sham) (see July 24, 1974) on the very grounds that Bush and Cheney argue. They have authority under the Constitution to read it and comply with it as they see fit. Once it was apparent that Richard Nixon had broken the law, he made the most significant decision of his presidency: the decision to honor the rule of law and resign.… [T]here is little doubt in my mind that Bush and Cheney, in the same situation, would not budge; rather, they would spin the facts as they always have, and move forward with their agenda. The president and vice president, it appears, believe the lesson of Watergate was not to stay within the law, but rather not to get caught. And if you do get caught, claim that the president can do whatever he thinks necessary in the name of national security.” [Dean, 2006, pp. 181-182]

Entity Tags: George W. Bush, Alexander M. Haig, Jr., Fred Buzhardt, Richard (“Dick”) Cheney, James St. Clair, Richard M. Nixon, John Dean, Bob Altermeyer

Timeline Tags: Nixon and Watergate

Responding to columnist Robert Novak’s disclosure that White House political strategist Karl Rove was one of his sources in the Plame Wilson identity leak (see July 12, 2006), Mary Matalin, the former media adviser to Vice President Dick Cheney, launches an attack against the prosecutors investigating the leak on Fox News. Matalin says that neither Lewis Libby, the former White House official charged with perjury and obstruction in the investigation (see October 28, 2005), nor anyone else committed a crime—even going so far as to claim that special prosecutor Patrick Fitzgerald acknowledged that no one committed a crime—and former ambassador Joseph Wilson “flat-out lied” in his July 2003 op-ed debunking the Iraq-Niger uranium claim (see July 6, 2003). Fitzgerald repeatedly asserted the serious nature of Libby’s crimes in Libby’s indictment, noting that Libby both lied and obstructed justice in his dealings with the FBI and with Fitzgerald’s grand jury. Moreover, Matalin’s claim that Wilson was “lying” is countered by numerous findings that the Iraq-Niger claims were absolutely false (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), including a July 2004 Senate Intelligence Committee report on prewar intelligence (see July 9, 2004). Matalin goes on to say that “everybody in town knew” that Valerie Plame Wilson was a CIA agent, an assertion again debunked by Fitzgerald in his indictment. [Media Matters, 7/12/2006]

Entity Tags: Karl C. Rove, Joseph C. Wilson, Patrick J. Fitzgerald, Robert Novak, Mary Matalin, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson, whose wife Valerie Plame Wilson was exposed as a CIA agent by columnist Robert Novak (see July 14, 2003), writes an e-mail to Christy Hardin Smith, a former prosecutor who writes for the progressive blog FireDogLake. Referring to Novak’s recent column (see July 12, 2006) and its falsehoods and misrepresentations (see July 12, 2006), Wilson writes: “Robert Novak, some other commentators, and the administration continue to try to completely distort the role that Valerie Wilson played with respect to Ambassador Wilson’s trip to Niger. The facts are beyond dispute. The Office of the Vice President requested that the CIA investigate reports of alleged uranium purchases by Iraq from Niger (see (February 13, 2002)). The CIA set up a meeting to respond to the vice president’s inquiry (see Shortly after February 13, 2002). Another CIA official, not Valerie Wilson, suggested to Valerie Wilson’s supervisor that the ambassador attend that meeting (see February 19, 2002). That other CIA official made the recommendation because that official was familiar with the ambassador’s vast experience in Niger and knew of a previous trip to Africa concerning uranium matters that had been undertaken by the ambassador on behalf of the CIA in 1999 (see Fall 1999). Valerie Wilson’s supervisor subsequently asked her to relay a request from him to the ambassador that he would like the ambassador to attend the meeting at the CIA. Valerie Wilson did not participate in the meeting” (see February 13, 2002). [Christy Hardin Smith, 7/13/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Christy Hardin Smith, FireDogLake, Joseph C. Wilson, Robert Novak, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s legal team announces that it intends to call a psychology professor to testify that Libby did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) and to the grand jury (see March 5, 2004 and March 24, 2004), but merely made misstatements due to memory failure. In a court filing, the lawyers write, “Mr. Libby will show that the snippets of conversation at issue in this case took place amid a rush of pressing national security matters that commanded his attention throughout his long and stressful work day” (see January 31, 2006). The witness is Robert Bjork, a memory expert from UCLA. The lawyers say Bjork will explain that, contrary to what jurors may think, “memory does not function like a tape recorder, with memories recorded, stored, and played back verbatim.” Cornell University professor Ulric Neisser says the so-called “memory defense” that Libby’s team intends to mount may be effective. Referring to Libby’s claim that he learned of outed CIA agent Valerie Plame Wilson from a reporter (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003), Neisser says, “If everything hinges on who he learned it from first, people do forget that stuff all the time.” [US District Court for the District of Columbia, 7/31/2006 pdf file; US District Court for the District of Columbia, 7/31/2006 pdf file; Associated Press, 8/1/2006; New York Sun, 8/1/2006] Criminal defense lawyer Jeralyn Merritt, following the trial at the progressive blog TalkLeft, calls the use of a memory expert entirely appropriate, but notes: “The expert only should be allowed to explain the principles of memory and memory failure to the jury. He should not be allowed to render an opinion as to whether Libby’s memory failed since that’s the ultimate question for the jury to decide.” [Jeralyn Merritt, 8/1/2006]

Entity Tags: Valerie Plame Wilson, Jeralyn Merritt, Lewis (“Scooter”) Libby, Robert Bjork, Ulric Neisser

Timeline Tags: Niger Uranium and Plame Outing

Secretary of Defense Donald Rumsfeld, along with the chairman of the Joint Chiefs of Staff, General Peter Pace, and the commander of US forces in the Middle East, General John Abizaid, participate in a sometimes-contentious hearing with the Senate Armed Forces Committee (see August 3, 2006). The three then take part in a closed-door session with some members of Congress. After the two meetings, Senator Hillary Clinton (D-NY) calls on President Bush to accept Rumsfeld’s resignation. [New York Times, 8/4/2006] Rumsfeld will resign three months later (see November 6-December 18, 2006).

Entity Tags: Hillary Clinton, George W. Bush, John P. Abizaid, Senate Armed Forces Committee, Peter Pace, Donald Rumsfeld

Timeline Tags: Iraq under US Occupation

The CIA provides short summaries of Vice President Dick Cheney’s daily security briefings to defense attorneys for Cheney’s indicted former chief of staff, Lewis Libby. The documents are provided as per a March court order (see March 10, 2006). They have been turned over in batches since May 2006; the final documents have just been turned over. The briefing summaries cover the period in the summer of 2003 when Libby was allegedly discussing Valerie Plame Wilson’s CIA identity with journalists. They also cover several weeks in the fall of 2003 when Libby was questioned by the FBI (see October 14, 2003 and November 26, 2003), and March 2004 when Libby testified before a federal grand jury (see March 5, 2004 and March 24, 2004). [Associated Press, 8/11/2006]

Entity Tags: Central Intelligence Agency, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Conservative pundits and columnists launch a new barrage of attacks and accusations against former ambassador Joseph Wilson (see July 6, 2003) and his wife, outed CIA agent Valerie Plame Wilson (see July 14, 2003). The pundits use the recent revelation that former Deputy Secretary of State Richard Armitage was apparently the first administration official to leak Plame Wilson’s name to the press (see August 22, 2006 and September 7, 2006). They claim that the new information proves that there was never a conspiracy to “out” Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), but that her status as a covert CIA agent was revealed merely as a result of harmless gossip from Armitage, who is not considered a major part of the neoconservative axis of power within the White House. [Washington Post, 9/1/2006]
Blaming Armitage and the State Department - The Wall Street Journal blames Armitage for allowing the Plame Wilson identity leak investigation to go on while he remained mute, allowing “political opportunism and internal score-settling” to drive the investigation when it never should have taken off. “The White House, in short, was not engaged in any campaign to ‘out’ Ms. Plame [Wilson],” the editorial states. Since the prosecution of Lewis Libby for perjury and obstruction during the investigation is not likely to be dropped, the editorial concludes, President Bush should end it by pardoning Libby. [Wall Street Journal, 8/30/2006] The New York Sun also chastizes Armitage for standing silent “while the president’s critics sullied the good names of Messrs. Cheney, Libby, and Rove.” [National Review, 7/19/2004; New York Sun, 8/30/2006] A similar position is advocated by neoconservative John Podhoretz, writing for the New York Post, who also says that the Armitage revelation should result in special counsel Patrick Fitzgerald dropping all charges against Libby. [New York Post, 8/29/2006] Neoconservative Frank Gaffney, writing for the online political publication TownHall, accuses both Armitage and former Secretary of State Colin Powell, as well as other senior State Department officials, of being “disloyalists” who “wage[d] war” against the Bush administration “from behind enemy lines”—from his position in the State Department, essentially functioning as a saboteur for unnamed liberal interests, and to win ground the State Department lost in conflicts with the White House. Gaffney goes further, accusing other State Department officials of intentionally sabotaging US nuclear negotiation efforts with North Korea (see September 19-20, 2005 and July 15, 2006). He accuses Armitage of “destructive and disloyal behavior” and “appeasement” towards North Korea and other US opponents. [Town Hall (.com), 9/5/2006] San Francisco Chronicle writer Debra Saunders calls the entire affair nothing more than “gossip,” and notes that an admission by White House deputy chief of staff Karl Rove that he confirmed Plame Wilson’s identity (see July 10, 2005 and October 14, 2005) is virtually meaningless. The only “abuse of power” that has come to light during the investigation, Saunders opines, is the investigation itself. [Minneapolis Star-Tribune, 9/6/2006]
Libby 'Exonerated' by Armitage Admission - The New Hampshire Union Leader calls the investigation a “non-issue” promulgated by “conspiracy nuts” now proven wrong by the Armitage admission. [New Hampshire Union Leader, 8/30/2006] Syndicated columnist Linda Chavez says the “exculpatory” Armitage revelation exonerates Libby, and calls his prosecution “malicious” and unwarranted. [Creators Syndicate, 8/30/2006]
Wilson, 'Leftists' to Blame - Slate’s Christopher Hitchens goes further, attacking the “Joseph Wilson fantasy” that Iraq had not attempted to buy uranium from Niger (see March 4-5, 2002, (March 6, 2002) and March 8, 2002), calling the idea that the White House deliberately attempted to smear Wilson’s character a “paranoid fantasy” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and concluding that the entire Plame Wilson imbroglio was the result of a “venom[ous] interdepartmental rivalry” between Armitage’s State Department and the White House, blown entirely out of proportion by liberal critics of the Bush administration. [Slate, 8/29/2006] A National Review editorial blames the New York Times editorial board and “shrieking” “leftist adversaries” of the Bush administration for the investigation, and, like Chavez and others, calls for the immediate end of the Libby prosecution. [National Review, 8/30/2006] The Weekly Standard’s Fred Barnes compiles a “rogues list” of “the Plamegate Hall of Shame,” including Armitage, his former boss Colin Powell, Patrick Fitzgerald, the Justice Department, Joseph Wilson, and the media. “So instead of Cheney or Rove or Libby,” Barnes writes, “the perennial targets of media wrath, the Plamegate Hall of Shame consists of favorites of the Washington elite and the mainstream press.” And like the others, Barnes calls on Fitzgerald to immediately terminate his investigation as well as his prosecution of Libby. [Weekly Standard, 9/2/2006] And the Washington Times’s editor in chief Wesley Pruden rounds off the attacks, rather ghoulishly predicting that the next time Plame Wilson will be mentioned in the press is when “a nice obituary in the Washington and New York newspapers and a few lines of a telegraph dispatch on a page with the truss ads in Topeka” is printed. He calls Plame Wilson, who headed the CIA’s Joint Task Force on Iraq (see April 2001 and After), “the queen of the clipping scissors and pastepots at the CIA” (see September 29, 2003), and calls the leak investigation a “fraud.” [Washington Times, 9/5/2006]
Picked Up by Mainstream Media - Many in the mainstream media echo the new line of attack, with the Washington Post’s editorial board joining the other editorials and columnists in demanding that the Libby prosecution be immediately terminated. Echoing a Wall Street Journal guest editorial from almost a year before (see November 3, 2005), the Post editorial claims that because Plame Wilson’s husband, former ambassador Joseph Wilson, went public with his knowledge of the Bush administration’s false claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003), he is ultimately responsible for outing his wife. The Post writes: “Mr. Wilson chose to go public with an explosive charge, claiming—falsely, as it turned out—that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.” The allegation that Wilson had “falsely… debunked reports of Iraqi uranium-shopping in Niger” is itself false, as Wilson’s report further proved that no such deals ever took place (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). [Washington Post, 9/1/2006] The New York Times’s conservative columnist, David Brooks, joins in the attacks, calling the exposure of Plame Wilson a “piffle” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006) blown out of proportion by a group of Congressional Democrats and the 2004 presidential campaign of John Kerry. Like the others, he blames Armitage for “keep[ing] quiet while your comrades are being put through the ringer [sic].” [New York Times, 8/31/2006] Days later, the Post’s David Broder writes that Karl Rove, one of the White House officials who outed Plame (see July 8, 2003 and 11:00 a.m. July 11, 2003), had been treated badly by reporters and pundits, and deserved a round of apologies. [Washington Post, 9/7/2006]
'Marvel of Wingnut Logic' - Author Jane Hamsher, writing for the progressive blog FireDogLake, hammers the Post editorial and its presumed author, op-ed editor Fred Hiatt, writing with some apparent outrage: “[T]o argue that somehow this [Armitage] leak—which played no part in the concerted administration effort to bully, intimidate, and punish Joe Wilson—should somehow excuse Scooter Libby and Karl Rove’s subsequent actions is a true marvel of wingnut logic. Incredibly it is somehow okay to rob the liquor store, shoot the owner, rape the cashier, and spatter the walls with blood because someone else was caught shoplifting there the week before. It is the Sistine Chapel of bad faith editorials.” [Jane Hamsher, 9/1/2006]
Comparisons to Soviet Propaganda - Plame Wilson herself is “furious” at reading the Post editorial and other, similar writings. In her 2007 book Fair Game, she will write, “I suddenly understood what it must have felt like to live in the Soviet Union and have only the state propaganda entity, Pravda, as the source of news about the world.” Plame Wilson calls the allegations that her husband is responsible for outing her “flatly untrue,” and shows the writers’ “ignorance about how our clandestine service functions.” She notes that the FBI had known of the Armitage leak since October 2003, and that since “the FBI didn’t shut down the investigation” this indicated “they had good reason to believe that Libby and Rove were lying to them.” [Wilson, 2007, pp. 257-260]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Rowan Scarborough.Rowan Scarborough. [Source: NNDB (.com)]Washington Times reporter Rowan Scarborough writes an extensive analysis of the Plame Wilson identity leak investigation, calling it an attempt by liberals to bring down a Republican president just as the Nixon-era Watergate scandal did (see October 18, 1972 and June 27, 1973), and accuses “leftists” throughout Congress and the media of orchestrating a smear campaign against former White House official Lewis Libby. Special counsel Patrick Fitzgerald is little more than a tool of those “leftists,” he writes. Scarborough, who is not identified as the author by the Times but is identified on the reprint of the article on the Libby Legal Defense Fund Web site, reviews and echoes many of the same criticisms others on the right have already stated, that since Libby was not the first administration official to leak Valerie Plame Wilson’s identity to a reporter, he must be innocent of the charges against him (see Late August-Early September, 2006). “[T]he ‘scandal’ is played out,” Scarborough writes, and the hopes of liberals to see the destruction of the Bush administration are “shattered.” Scarborough says that Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) and former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) revealed Plame Wilson’s identity for no other reason than to set the record straight about Plame Wilson sending her husband, Joseph Wilson, to Niger to investigate claims that Iraq had tried to purchase uranium from that country (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Armitage and Libby were concerned, Scarborough writes, that Wilson went to Niger at the behest of Vice President Dick Cheney (see (February 13, 2002)), when in actuality, Scarborough states, Wilson went to Niger, and subsequently printed an influential op-ed in the New York Times (see July 6, 2003), “to chastise the president for citing a British intelligence report in his January 2003 State of the Union address about a possible Niger-Iraq connection” (see Mid-January 2003 and 9:01 pm January 28, 2003). Scarborough claims falsely that neither the White House nor CIA Director George Tenet knew of Wilson’s trip to Niger (see March 8, 2002); he cites false information promulgated by Republican members of the Senate Intelligence Committee in that body’s report on prewar intelligence and Iraqi WMD (see July 9, 2004), and contradictory statements by conservative columnist Robert Novak (see July 14, 2003, July 21, 2003, September 29, 2003, October 1, 2003, December 14, 2005, July 12, 2006, and July 12, 2006), who outed Plame Wilson in his column (see July 14, 2003). Like many of his colleagues, Scarborough blames Wilson for the exposure of his wife’s CIA identity. [Washington Times, 9/5/2006; Libby Legal Defense Trust, 9/5/2006]

Entity Tags: Robert Novak, Joseph C. Wilson, George J. Tenet, Bush administration (43), Lewis (“Scooter”) Libby, Richard Armitage, Libby Legal Defense Fund, Senate Intelligence Committee, Patrick J. Fitzgerald, Rowan Scarborough, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a motion opposing the Libby defense team’s intention to call a “memory expert” to testify on Libby’s behalf (see July 31, 2006). Libby’s lawyers intend to argue that their client, indicted felon and former White House aide Lewis Libby, has a faulty memory (see January 31, 2006), and it was a series of memory lapses that caused him to make false statements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury (see March 5, 2004 and March 24, 2004) about his outing of CIA official Valerie Plame Wilson to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald opposes the testimony of UCLA professor Robert Bjork, not because of problems with Bjork’s expertise in the field of human memory, but because “the defendant cannot meet his burden as the proponent of the evidence of establishing that the testimony will assist the jury in understanding or determining any of the facts at issue in this case.… To the contrary, there are strong reasons to believe that the proffered testimony may confuse, mislead, and unduly influence the jury.” Juries are often asked to evaluate a defendant’s memory in the course of a criminal trial, and it is “unusual” to present such testimony in the furtherance of a criminal defense, Fitzgerald asserts. [US District Court for the District of Columbia, 9/7/2006 pdf file] In November, the judge will disallow Bjork’s testimony (see November 2, 2006).

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Iraq under US Occupation

Vice President Cheney appears on Meet the Press two days after a bipartisan Senate report asserts that there was no link of any sort between the Iraqi government and al-Qaeda before 9/11, except for one meeting held in 1995. Cheney claims he has not read the report yet, but he says, “whether or not there was a historic relationship between Iraq and al-Qaeda. The basis for that is probably best captured in George Tenet’s testimony before the Senate Intel Commission, an open session, where he said specifically that there was a pattern of relationship that went back at least a decade between Iraq and al-Qaeda.… [Militant leader Abu Musab] al-Zarqawi was in Baghdad after we took Afghanistan and before we went into Iraq. You had the facility up at Kermal, poisons facility, ran by Ansar al-Islam, an affiliate of al-Qaeda.… [The Iraqi government] was a state sponsor of terror. [Saddam Hussein] had a relationship with terror groups. No question about it. Nobody denies that.” [Meet the Press, 9/10/2006] In fact, the Senate report determined that although al-Zarqawi was in Baghdad, the Iraqi government tried hard to find him and catch him, and that Ansar al-Islam was in a part of Iraq outside the control of the Iraq government and the government was actively opposed to them as well. The report claims there was no meeting between hijacker Mohamed Atta and an Iraqi agent in Prague in April 2001. [US Senate and Intelligence Committee, 9/8/2006 pdf file] But regarding that meeting, Cheney still does not deny it took place, even though it has been widely discredited. “We don’t know. I mean, we’ve never been able to, to, to link it, and the FBI and CIA have worked it aggressively. I would say, at this point, nobody has been able to confirm…” [Meet the Press, 9/10/2006] Earlier in the year, Cheney had conceded that the meeting “has been pretty well knocked down now at this stage, that that meeting ever took place” (see March 29, 2006).

Entity Tags: Ansar al-Islam, Abu Musab al-Zarqawi, Al-Qaeda, Saddam Hussein, Ahmed Khalil Ibrahim Samir al-Ani, Mohamed Atta, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

A long shot of Firdos Square during the statue toppling process. A small knot of onlookers can be seen surrounding the statue at the far end of the area; most of the square is empty. Three US tanks can be seen stationed around the square.A long shot of Firdos Square during the statue toppling process. A small knot of onlookers can be seen surrounding the statue at the far end of the area; most of the square is empty. Three US tanks can be seen stationed around the square. [Source: Ian Masters]A study by the Journal of Broadcasting and Electronic Media is presented at the October 2006 conference of the Association for Education in Journalism and Mass Communication. The study features an in-depth examination of the iconic toppling of the Firdos Square statue of Saddam Hussein (see April 9, 2003, April 9, 2003, and April 10, 2003). The study notes that “wide-angle shots show clearly that the square was never close to being a quarter full [and] never had more than a few hundred people in it (many of them reporters).” But after the initial two-hour live broadcast of the statue’s fall, US broadcasters chose to repeat tightly focused shots that, in author Frank Rich’s words, “conjured up a feverish popular uprising matching the administration’s prewar promise that Americans would see liberated Iraqis celebrating in the streets” (see November 18-19, 2001, 2002-2003, August 3, 2002, and September 9, 2002). According to the study, some version of the statue-toppling footage played every 4.4 minutes on Fox News between 11 a.m. and 8 p.m. the day of the statue’s fall, and every seven minutes on CNN. [Rich, 2006, pp. 83-84; Association for Education in Journalism and Mass Communication, 10/22/2006]

Entity Tags: CNN, Saddam Hussein, Frank Rich, Journal of Broadcasting and Electronic Media, Fox News, Association for Education in Journalism and Mass Communication

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

In an interview with WDAY’s Scott Heinen, Vice President Dick Cheney says it was a “no-brainer for me” to authorize waterboarding of suspected terrorists (see April 2002 and After and Summer 2003). Cheney says that since waterboarding and other brutal methods are not torture, as he defines the term (see Mid-March 2002), the entire issue is not really an issue. “We don’t torture,” he says. “That’s not what we’re involved in. We live up to our obligations in international treaties that we’re party to, and so forth. But the fact is, you can have a fairly robust interrogation program without torture, and we need to be able to do that.” [Savage, 2007, pp. 154-155; Financial Times, 10/26/2008] After Cheney’s statement causes a welter of criticism among lawmakers and media figures, the White House says Cheney was not talking about waterboarding, and insists that the US does not torture. Cheney calls reporters to bolster the denial. “I did not talk about specific techniques and won’t,” he says. “I didn’t say anything about waterboarding.… He [Heinen] didn’t even use that phrase.” Human Rights Watch says Cheney’s remarks are “the Bush administration’s first clear endorsement” of waterboarding. [Associated Press, 10/28/2006]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), Scott Heinen, Human Rights Watch

Timeline Tags: Torture of US Captives

Lewis Libby’s defense team files three motions with the US District Court in Washington, asking Judge Reggie Walton to preclude evidence pertaining to the following:
bullet that Libby improperly disclosed classified materials from the 2002 National Intelligence Estimate (NIE—see October 1, 2002) to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003);
bullet reporters’ opposition to testifying on First Amendment grounds, and reporter Judith Miller’s incarceration (see September 30, 2005 and October 12, 2005); and
bullet outed CIA agent Valerie Plame Wilson’s employment status with the agency, and any actual or potential damage her exposure as a covert agent might have caused (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). [US District Court for the District of Columbia, 10/30/2006 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file]
Special counsel Patrick Fitzgerald files his own motion to preclude the defense from making much of the fact that other Bush administration officials also accused of leaking Plame Wilson’s identity to the press were not charged with crimes (see June 13, 2003, July 7, 2003, July 8, 2003, July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003,8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). “The fact that no other person was charged with a crime relating to the disclosure of classified information says absolutely nothing about whether defendant Libby is guilty of the charged crimes,” Fitzgerald writes. “It is improper for the jury to consider, or for counsel to suggest, that the decisions by the government not to charge additional crimes or defendants are grounds that could support an acquittal on the crimes charged in the indictment.” [US District Court for the District of Columbia, 10/30/2006 pdf file] Fitzgerald is referring to, among others, former Deputy Secretary of State Richard Armitage, who was recently identified as the first administration official to leak Plame Wilson’s identity to a reporter (see September 7, 2006). [MSNBC, 10/30/2006] Author and blogger Marcy Wheeler observes that, in her opinion, Libby is trying to keep the trial jury from deliberating on the administration’s “partial declassification” of the 2002 NIE, does not want jurors to know that reporter Judith Miller felt Libby did not want her to testify against him (see September 15, 2005 and August 2005), and wants to keep the jury unaware that Plame Wilson was a covert CIA agent. [Marcy Wheeler, 10/31/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Rumsfeld leaving the Defense Department.Rumsfeld leaving the Defense Department. [Source: Boston Globe]Donald Rumsfeld resigns as US defense secretary. On November 6, he writes a letter telling President Bush of his resignation. Bush reads the letter the next day, which is also the date for midterm elections in the US, in which the Democratic Party wins majorities in the Senate and House of Representatives. Bush publicly announces the resignation the next day. No explanation is given for the delay in making the announcement. [Reuters, 8/15/2007]
Replaced by Gates - Rumsfeld is formally replaced by Robert Gates on December 18, 2006. According to a retired general who worked closely with the first Bush administration, the Gates nomination means that George H.W. Bush, his close political advisers—Brent Scowcroft, James Baker—and the current President Bush are saying that “winning the 2008 election is more important than any individual. The issue for them is how to preserve the Republican agenda. The Old Guard wants to isolate Cheney and give their girl, Condoleezza Rice, a chance to perform.” It takes Scowcroft, Baker, and the elder Bush working together to oppose Cheney, the general says. “One guy can’t do it.” Other sources close to the Bush family say that the choice of Gates to replace Rumsfeld is more complex than the general describes, and any “victory” by the “Old Guard” may be illusory. A former senior intelligence official asks rhetorically: “A week before the election, the Republicans were saying that a Democratic victory was the seed of American retreat, and now Bush and Cheney are going to change their national security policies? Cheney knew this was coming. Dropping Rummy after the election looked like a conciliatory move—‘You’re right, Democrats. We got a new guy and we’re looking at all the options. Nothing is ruled out.’” In reality, the former official says, Gates is being brought in to give the White House the credibility it needs in continuing its policies towards Iran and Iraq.
New Approach towards Iran? - Gates also has more credibility with Congress than Rumsfeld, a valuable asset if Gates needs to tell Congress that Iran’s nuclear program poses an imminent threat. “He’s not the guy who told us there were weapons of mass destruction in Iraq, and he’ll be taken seriously by Congress.” Joseph Cirincione, a national security director for the Center for American Progress, warns: “Gates will be in favor of talking to Iran and listening to the advice of the Joint Chiefs of Staff, but the neoconservatives are still there [in the White House] and still believe that chaos would be a small price for getting rid of the threat. The danger is that Gates could be the new Colin Powell—the one who opposes the policy but ends up briefing the Congress and publicly supporting it.” [New Yorker, 11/27/2006]

Entity Tags: Robert M. Gates, Joseph Cirincione, Brent Scowcroft, George W. Bush, Condoleezza Rice, James A. Baker, George Herbert Walker Bush, Donald Rumsfeld

Timeline Tags: US confrontation with Iran, US Military, Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Outgoing Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006) holds one of his final meetings with a group of retired military officers who serve as “independent analysts” for various television news broadcasts. The analysts are integral parts of a widespread Pentagon propaganda operation designed to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond).
Vitriolic Comments - Rumsfeld, who is accompanied by the chairman of the Joint Chiefs of Staff, General Peter Pace, is unrestrained in his contempt for a number of Iraqis and Americans involved in the occupation. According to Rumsfeld, Iraq’s interim Prime Minister, Ibrahim al-Jaafari, is an ineffectual “windsock.” Anti-American Shi’ite cleric Moqtada al-Sadr is “a 30-year-old thug” who wants “to create a Hezbollah” in Iraq; al-Sadr, in Rumsfeld’s estimation, is “not a real cleric and not well respected. [Grand Ayatollah] Sistani has, of course, all the respect… and he doesn’t like him.… He opposes what he does, but he at the present time has (a) survived (b) does not have perfect control over the Sadr elements.” He lauds former US ambassador to Afghanistan Zalmay Khalilzad, a fellow neoconservative who now serves as the US ambassador to Iraq, but in the next breath lambasts Khalilzad’s successor in Afghanistan, Ronald Neuman. “The guy who replaced him is just terrible—Neuman,” Rumsfeld says. “I mean he’s a career foreign service officer. He ought to be running a museum somewhere. That’s also off the record. No, he ought to be assistant to the guy… I wouldn’t hire the guy to push a wheelbarrow.”
Rewriting History - When Rumsfeld is asked about former Army Chief of Staff General Eric Shinseki’s statement that he believed it would take several hundred thousand US troops to keep the peace in post-invasion Iraq (see February 25, 2003), Rumsfeld attempts to rewrite history, suggesting that he was ready to send more troops, but the commanders on the ground did not want them. He is asked: “What’s become conventional wisdom, simply Shinseki was right. If we simply had 400,000 troops or 200 or 300? What’s your thought as you looked at it?” Rumsfeld replies: “First of all, I don’t think Shinseki ever said that. I think he was pressed in a congressional hearing hard and hard and hard and over again, well, how many? And his answer was roughly the same as it would take to do the job—to defeat the regime. It would be about the right amount for post-major combat operation stabilization. And they said, ‘Well, how much is that?’ And I think he may have said then, ‘Well maybe 200,000 or 300,000.’” Both Pace and an analyst tell Rumsfeld that Shinseki’s words were “several hundred thousand,” and Rumsfeld continues, “Now it turned out he was right. The commanders—you guys ended up wanting roughly the same as you had for the major combat operation, and that’s what we have. There is no damned guidebook that says what the number ought to be. We were queued up to go up to what, 400-plus thousand.… They were in the queue. We would have gone right on if they’d wanted them, but they didn’t, so life goes on.” [Chicago Tribune, 5/7/2008] In reality, Rumsfeld and his deputy Paul Wolfowitz publicly derided Shinseki’s estimation, and hounded him into early retirement for his remarks (see February 27, 2003). And one of the commanders in the field that Rumsfeld cites, General James “Spider” Marks, has already noted that Rumsfeld personally denied multiple requests from the field for more troops (see April 16, 2006).

Entity Tags: Sayyid Ali Husaini al-Sistani, Ibrahim al-Jaafari, Hezbollah, Eric Shinseki, Donald Rumsfeld, James Marks, Ronald Neuman, Moqtada al-Sadr, Zalmay M. Khalilzad, Peter Pace, Paul Wolfowitz

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

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Investigative reporter Robert Parry, writing for the progressive Web news outlet ConsortiumNews, notes that former Deputy Secretary of State Richard Armitage may be far more intimately involved with the 2003 White House attempt to besmirch the credibility of former ambassador Joseph Wilson than has been previously noted (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Armitage was the first administration official to expose former CIA agent Valerie Plame Wilson’s CIA status to a reporter (see June 13, 2003), and later leaked it again (see July 8, 2003), that time to columnist Robert Novak, who exposed Plame Wilson in a July 2003 column (see July 14, 2003). Parry writes that conventional media wisdom paints Armitage as an outsider, not a member of the White House inner circle, and a skeptic about the Iraq war; therefore, the media argues, Armitage’s leaks of Plame Wilson’s identity were “inadvertent” and merely coincidental to the White House efforts to claim that former ambassador Joseph Wilson was sent to Africa (see February 21, 2002-March 4, 2002) for partisan reasons by his wife. Parry notes that, as recently as September 2006, the Washington Post joined with conservative supporters of the Bush administration to claim that the White House did not intentionally “orchestrate” the leak of Plame Wilson’s identity (see Late August-Early September, 2006), and that Armitage had no connection with whatever efforts went on inside the White House to leak her identity. However, Parry notes, the mainstream media has consistently ignored the deep connections between Armitage and White House political savant Karl Rove, who many believe did orchestrate the Plame Wilson leak. According to Parry, “a well-placed conservative source… [a]n early supporter of George W. Bush who knew both Armitage and Rove… told me that Armitage and Rove were much closer than many Washington insiders knew.” Armitage and Rove became friends during the first weeks of the Bush administration’s first term, and they cooperated with one another to pass backchannel information between the White House and State Department. The source tells Parry that it is plausible to surmise that Armitage leaked Plame Wilson’s identity to two separate reporters, not by accident, but in collusion with Rove’s strategy to besmirch Wilson by exposing his wife’s CIA identity. Novak printed his column outing Plame Wilson using two primary sources—Armitage and Rove (see July 8, 2003 and July 8 or 9, 2003). The source says that Novak’s initial claim of being given Plame Wilson’s identity (see July 21, 2003) suggests, in Parry’s words, “Armitage and Rove were collaborating on the anti-Wilson operation, not simply operating on parallel tracks without knowing what the other was doing.” The source finds the media’s assumption that Armitage “inadvertently” let Plame Wilson’s identity slip out, almost as gossip, amusing, and inaccurate. “Armitage isn’t a gossip, but he is a leaker,” the source says. “There’s a difference.” [Consortium News, 1/17/2007]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Marc Grossman.Marc Grossman. [Source: NNDB (.com)]Prosecutor Patrick Fitzgerald calls his first witness in the Lewis Libby perjury trial, former State Department official Marc Grossman. Grossman testifies to his June 2003 conversation with Libby, where he revealed then-covert CIA official Valerie Plame Wilson’s CIA status to Libby (see 12:00 p.m. June 11, 2003). [Washington Post, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Informed Libby of Plame Wilson's CIA Identity - Grossman, formerly the undersecretary of state for political affairs, testifies that the information about Plame Wilson was given to Libby “in about 30 seconds of conversation.” He says he spoke to Libby several times a week. He testifies that when Libby asked him about Joseph Wilson’s 2002 Niger trip (see May 29, 2003), he knew nothing about it, which he found somewhat embarrassing. “I should have known,” he says. He testifies that his immediate supervisor, Deputy Secretary of State Richard Armitage, knew nothing of the Wilson trip either. Grossman says he asked Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), and State’s head of African affairs, Walter Kansteiner, for information on the Wilson trip. Both Ford and Kansteiner knew of the trip, Grossman testifies, and both told him that Wilson had reported to the CIA on the trip (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). Grossman says he asked Armitage if it was permissible for him to ask Wilson directly about the trip, and receiving permission, did so. According to Grossman, Wilson told him about the Niger trip, and said he thought the trip had been at the request of the Office of the Vice President (see (February 13, 2002)). It was after his conversation with Wilson that Grossman spoke to Libby about the trip, and informed him that Wilson’s wife was a CIA employee. Grossman testifies that he prepared a memo for Libby after his return from a trip to Spain and North Africa (see June 10, 2003), using information provided by Ford. According to Grossman, it was Ford who alleged Plame Wilson orchestrated her husband’s trip to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), but Grossman is not aware of the inaccuracy of Ford’s information. Grossman says he felt it somewhat inappropriate that Plame Wilson would have put her husband up for the trip. He informed Libby of Plame Wilson’s supposed role in her husband’s trip to Niger the day after putting together the memo on the trip (see 12:00 p.m. June 11, 2003). Grossman tells the court: “I think I said that there was one other thing that he [Libby] needed to know—that Joe Wilson’s wife worked at the agency. Meaning the CIA. I phrased it that way because he was senior to me, it was my responsibility to make sure he had the whole context.” According to Grossman, Libby denied that his office had anything to do with sending Wilson to Niger. [Marcy Wheeler, 1/23/2007; USA Today, 1/24/2007] Grossman also recalls speaking on the phone with Wilson on June 9, 2003, and recalls Wilson being angered by comments from then-National Security Adviser Condoleezza Rice on a recent edition of Meet the Press (see June 8, 2003). “He was furious.… He was really mad,” Grossman recalls. Grossman testifies that Wilson said he might publicly correct Rice’s characterization of the Iraq-Niger uranium affair (see June 9, 2003-July 6, 2003). [Marcy Wheeler, 1/23/2007; ABC News, 1/24/2007] Grossman also testifies that Armitage informed him on February 23, 2004 that he had revealed Plame Wilson’s status to columnist Robert Novak (see July 8, 2003). He says that Armitage characterized his leak to Novak as “one of the dumbest things” he had ever done. Grossman testified to the FBI a day later (see February 24, 2004) and informed it of Armitage’s leak. [Marcy Wheeler, 1/23/2007]
Defense Attacks Grossman - The second day of testimony begins with the Libby defense team cross-examining Grossman. Defense lawyer Theodore Wells attacks Grossman’s credibility, accusing him of being a “crony” of Armitage and implying that, because he talked to Armitage the night before he testified to the FBI, his credibility is questionable. [Marcy Wheeler, 1/24/2007; Washington Post, 1/25/2007] Wells elicits an admission from Grossman that he did not show Libby the INR memo, and notes that Grossman cannot produce documents to prove he spoke with either Ford or Kansteiner; the State Department routinely destroys emails after archiving them for 90 days, Grossman says. [Marcy Wheeler, 1/24/2007] Wells also attempts to portray Grossman as self-contradictory, eliciting an admission that Grossman told the FBI that he and Libby had talked on the phone (see October 17, 2003 and February 24, 2004), but now says he and Libby spoke face-to-face. “You accept the fact that you told the FBI something different on February 24, 2004, than you told this jury?” Wells asks, to which Grossman replies, “Yes, sir.” Wells also focuses on Grossman’s contact with Armitage, who spoke to him a day before he testified to the FBI about his leaking of Plame Wilson’s identity (see October 2, 2003). “He—Richard Armitage—told the FBI that he… disclosed Mrs. Wilson’s work status at the CIA to Robert Novak?” Wells asks. Grossman replies, “Yes, sir.” [ABC News, 1/24/2007; Mother Jones, 1/25/2007; CBS News, 1/25/2007]

Entity Tags: Marc Grossman, Richard Armitage, Office of the Vice President, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Walter Kansteiner, Condoleezza Rice, Joseph C. Wilson, Theodore Wells, Carl W. Ford, Jr., Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

On the Washington Post’s radio broadcast, Post columnist Richard Cohen falsely claims that former ambassador and war critic Joseph Wilson claimed in a 2003 op-ed (see July 6, 2003) that Vice President Dick Cheney sent him to Niger (see February 21, 2002-March 4, 2002). Wilson actually wrote that CIA officials sent him to Niger to investigate the possibility that Iraq had attempted to purchase uranium from that country, that “Cheney’s office had questions about” the charges (see (February 13, 2002)), and the CIA wanted to “provide a response to the vice president’s office” (see March 5, 2002). After citing this falsehood, Cohen calls the case against former White House official Lewis Libby, accused of committing perjury in his denials of involvement in the Valerie Plame Wilson CIA identity leak (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), a “silly case.” All the White House was trying to do, Cohen states, was to “get their story out” after Wilson had “misrepresented the genesis of his trip to Africa” (see October 1, 2003). Cohen also repeats the frequently debunked notion that it was Wilson’s wife who sent him to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). Cohen says he “almost feel[s] sorry” for Cheney, who by having Plame Wilson outed was “just [Cheney] trying to get his story out in the conventional Washington way.” Cohen also repeats the falsehood that many people knew Plame Wilson was a CIA agent (see September 29, 2003 and September 30, 2003) and her covert status was “not a tightly held secret” (see Before July 14, 2003, July 14, 2003, July 21, 2003, September 27, 2003, October 3, 2003, October 22-24, 2003, and October 23-24, 2003). [Media Matters, 1/31/2007]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Richard Cohen, Valerie Plame Wilson, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jurors in the Lewis Libby perjury and obstruction trial (see January 16-23, 2007) hear eight hours of audio recordings of Libby’s 2003 and 2004 grand jury testimony (see March 5, 2004, March 24, 2004, and February 1-5, 2007). Three of the five perjury and obstruction of justice charges stem from Libby’s testimony before that grand jury. In the tapes, Libby acknowledges to prosecutor Patrick Fitzgerald that he understands a person who does not tell the truth to a grand jury can be charged with perjury. Libby’s memory was extraordinarily poor during his testimony; he told jurors in 2004 that he could recall little of his conversations with his then-boss, Vice President Dick Cheney, about former ambassador and administration critic Joseph Wilson (see March 5, 2004 and March 24, 2004). Libby did recall Cheney telling him that Wilson’s wife, Valerie Plame Wilson, was a CIA officer, but said Cheney told him in “sort of an offhand manner, as a curiosity.” Presiding judge Reggie Walton rules that once the jury is finished with them, the tapes will be released to the media. Libby’s lawyers had argued that releasing them would “seriously threaten” his right to a fair trial. [CBS News, 1/25/2007; FireDogLake, 2/5/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Jurors will hear more grand jury testimony the next day (see February 6, 2007).

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Reggie B. Walton, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Events Leading to Iraq Invasion

New York Times reporter David Sanger, a veteran White House correspondent and the third reporter to testify for the defense in the Lewis Libby perjury and obstruction trial, testifies that he did not learn of CIA official Valerie Plame Wilson’s identity from Libby. He testifies that he spoke to Libby for a lengthy July 2003 Times article about intelligence matters, and for a number of articles about Vice President Dick Cheney, Libby’s former boss. Sanger says he only learned about Plame Wilson’s CIA status by reading the Robert Novak column (see July 14, 2003). [USA Today, 2/12/2007; Marcy Wheeler, 2/12/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Libby did reveal classified information to Sanger, though not about Plame Wilson (see July 2, 2003).

Entity Tags: Valerie Plame Wilson, David Sanger, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative John Podhoretz, who has penned a number of columns in defense of former White House official Lewis Libby and repeatedly demanded that all charges against him be dropped (see November 18, 2005, April 9, 2006, and Late August-Early September, 2006), calls the defense decision not to have Libby testify in his own defense (see February 13-14, 2007) “a risky… tactic.” Podhoretz terms Libby’s efforts to avoid a guilty verdict “fighting for his freedom,” says the defense made the best decision it could “under the restrictions laid down by Judge Reggie Walton,” and quickly moves to question prosecutor Patrick Fitzgerald’s ability to paint Libby as guilty of perjury and obstruction of justice. Podhoretz implicitly concedes that Libby may well have leaked Valerie Plame Wilson’s CIA identity to the press, but concludes that “nothing came of it.” Podhoretz says that given the events of the trial, it is unlikely that Libby will win a 12-0 vote in the jury and be acquitted; instead, he believes, the defense is now going for a hung jury. “Can Libby prevail?” he writes. “It’s easy to see how a few jurors at least might decide that they’ve just been subjected to a nonsense case that should be thrown into the garbage. But all 12 jurors siding with Libby? That’s a little like trying to fill an inside straight.” Podhoretz concludes by asking, “At which point, the question will be: Will prosecutor Patrick Fitzgerald fold up his tent or is he going to devote more time and resources trying to destroy my friend Scooter Libby’s life by putting him on trial a second time?” [New York Post, 2/14/2007]

Entity Tags: Valerie Plame Wilson, John Podhoretz, Lewis (“Scooter”) Libby, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

The jury in the Lewis Libby trial is dismissed three hours early to take care of personal, professional, and medical needs (see March 1, 2007). The jury deliberates less than five hours. [CBS News, 1/25/2007] It also requests clarification on its evaluation of the Libby grand jury transcripts (see March 5, 2004 and March 24, 2004), and further explanation of the term “reasonable doubt” as it would pertain to Libby’s claims of a faulty memory. The jury sends a question to Judge Reggie Walton pertaining to the issue of specificity concerning statements made by Libby to reporter Matthew Cooper in 2003 (see 2:24 p.m. July 12, 2003). This is the second time it has asked for clarification on an issue surrounding the Libby-Cooper conversation (see February 27-28, 2007). The jury’s note to Walton reads, “As count 1 statement 3 (pages 63 & 64) do not contain quotes, are we supposed to evaluate the entire Libby transcripts (testimony) or would the court direct us to specific pages/lines?” The second note reads: “We would like clarification of the term ‘reasonable doubt.’ Specifically, is it necessary for the government to present evidence that it is not humanly possible for someone not to recall an event in order to find guilt beyond reasonable doubt?” According to the National Review, Walton instructed the jury on “reasonable doubt” thusly: “The government has the burden of proving the defendant guilty beyond a reasonable doubt.… Reasonable doubt, as the name implies, is a doubt based on reason—a doubt for which you have a reason based upon the evidence or lack of evidence in the case. If, after careful, honest, and impartial consideration of all the evidence, you cannot say that you are firmly convinced of the defendant’s guilt, then you have a reasonable doubt.” [US District Court for the District of Columbia, 3/2/2007 pdf file; Christy Hardin Smith, 3/2/2007; National Review, 3/5/2007] Former federal prosecutor Andy McCarthy, now a National Review columnist, says: “It’s really a very commonsense concept. If you’re down to parsing it, it’s almost like you’re dealing with a jury that is asking why is the sky blue.” McCarthy says the note may well reflect the confusion and concerns of one or two jurors, rather than the entire panel. “A lot of times when you get notes,” he says, “you think the notes are an indication of where the jury is, and in fact they are an indication of where one or two jurors are. That would suggest that whoever is interested in that is not being led astray by some strange element of federal law, is not being led astray by the nullification defense, but has gotten themselves hung up in the epistemological aspect of not only trials, but of life. How do I know what I know? When you have people who are hung up on that, when they start to break down things that are commonsense elemental things, that is a very bad sign in terms of getting the case resolved.” [National Review, 3/5/2007] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, observes that queries about reasonable doubt are common among jurors, and it’s counterproductive to read too much into them. “[M]ost criminal juries get to it eventually,” she writes. [Christy Hardin Smith, 3/2/2007]

Entity Tags: Reggie B. Walton, Matthew Cooper, Christy Hardin Smith, Andy McCarthy

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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