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Context of 'March 4, 2002: INR Memo Casts Doubts on Alleged Uranium Deal between Iraq and Niger'

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The Washington Post prints an article by reporter Barton Gellman about the intelligence leaks from the White House that led to the outing of CIA official Valerie Plame Wilson. The article examines the question of whether Lewis Libby, Vice President Dick Cheney’s former chief of staff, obstructed the FBI investigation into Plame Wilson’s exposure in order to protect Cheney. [Washington Post, 10/30/2005] According to journalist and blogger Joshua Micah Marshall, the Post deleted a key portion of Gellman’s story shortly after it appeared on the Post’s Web site (the edited version is what makes it into print). The deleted portion noted that on July 12, 2003, Cheney told Libby “to alert reporters of an attack launched that morning on [former ambassador Joseph] Wilson’s credibility by Fleischer, according to a well-placed source” (see July 12, 2003 and 3:20 a.m. July 12, 2003). [Joshua Micah Marshall, 10/30/2005] A criminal lawyer who blogs under the moniker “Anonymous Liberal” speculates that the Post may have removed the reference to Fleischer because Fleischer was a source for Post reporter Walter Pincus. Pincus is identified in Gellman’s article as receiving information from an unidentified White House source who, like Libby, attacked Wilson and implied that he was sent to Niger by his wife (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Anonymous Liberal, 10/30/2005]

Entity Tags: Richard (“Dick”) Cheney, Barton Gellman, Ari Fleischer, “Anonymous Liberal”, Bush administration (43), Lewis (“Scooter”) Libby, Walter Pincus, Washington Post, Valerie Plame Wilson, Joshua Micah Marshall

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Wall Street Journal prints an editorial by former Bush Solicitor General Theodore Olson lambasting the Plame Wilson identity leak investigation and the indictment of former White House aide Lewis Libby (see October 28, 2005), and criticizing the use of the Independent Counsel Law to investigate the Plame Wilson identity leak. The Journal does not inform its readers of Olson’s participation in using the Independent Counsel Law to bring articles of impeachment against former President Clinton. Olson calls the investigation a “spectacle,” questions special counsel Patrick Fitzgerald’s impartiality, and says the entire Plame Wilson-Libby investigation is another example of “special prosecutor syndrome,” a politically motivated investigation run amok. Olson writes that he does not believe Libby is guilty of perjury because “I know him to be an honest, conscientious man who has given a large part of his life to public service.” Any misstatements Libby may have made to investigators (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004) must have been inadvertent failures of memory and not deliberate lies. Moreover, Olson asserts, Libby had nothing to do with exposing Valerie Plame Wilson as a CIA official (see (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). [Wall Street Journal, 10/31/2005]

Entity Tags: Wall Street Journal, Bush administration (43), Independent Counsel Law, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Theodore (“Ted”) Olson, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Some time between when al-Qaeda leader Ibn al-Shaykh al-Libi is moved to a prison in Mauritania in November 2005 (see November 2005) and September 2006 when most imprisoned al-Qaeda leaders are transferred to Guantanamo (see September 2-3, 2006), al-Libi disappears from known US custody. Al-Libi was captured in late 2001 and confessed that the Iraqi government helped train al-Qaeda in chemical and biological weapons (see January 2002 and After). In 2004, he recanted his confession amid allegations that he was brutally tortured, and the CIA later determined his Iraq allegations were untrue (see February 14, 2004). In May 2007, a group of Democratic Congresspeople will write President Bush, asking if al-Libi was tortured and/or renditioned to Egypt to be tortured, and also asking, “Where is al-Libi today?” Human-rights groups and others suspect the Bush administration is hiding al-Libi and concealing key information about him because of the potential political and legal ramifications about his torture, as well as his false confession that helped lead to war with Iraq. While the White House has yet to respond to queries about al-Libi, Newsweek will later claim that al-Libi, a Libyan, has been quietly returned to Libya and is being secretly imprisoned there. He is reportedly extremely ill with tuberculosis and diabetes. It is said the Libyan government has kept silent about holding al-Libi as a favor to the Bush administration, to help avoid more public scrutiny about him. [Newsweek, 5/29/2007]

Entity Tags: Libya, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The press learns that UN Ambassador John Bolton was contacted in May 2003 by Lewis Libby to find out who sent former ambassador Joseph Wilson on a fact-finding mission to Niger (see February 21, 2002-March 4, 2002 and May 29, 2003). Bolton was the undersecretary of state for arms control and international security affairs when Libby contacted him. The progressive news Web site Raw Story learns of the Bolton contact from lawyers involved in the investigation of the Plame Wilson identity leak, and from documents posted on the investigation’s Web site. The lawyers say that two former Libby aides, John Hannah and David Wurmser, informed special counsel Patrick Fitzgerald of Libby’s inquiry to Bolton (see Before October 17, 2005 and Before October 19, 2005). At the time, Wurmser was on loan from Bolton’s office and serving as a Middle Eastern affairs aide to Vice President Dick Cheney and Libby. Both Hannah and Wurmser have been cooperating with Fitzgerald’s investigation, the lawyers say. MSNBC has reported that Bolton testified before the Plame Wilson grand jury. Wurmser, the lawyers say, has been cooperating for fear that he would be charged for his role in leaking Valerie Plame Wilson’s CIA identity; Hannah began cooperating after learning that he had been identified by witnesses as a co-conspirator in the leak. Raw Story writes: “It is unclear whether Bolton played any other role in the Plame outing, but his connection to the Iraq uranium claims certainly gave him a motive to discredit Wilson, who had called into question the veracity of the Niger documents. A probe by the State Department inspector general revealed that Bolton’s office was responsible for the placement of the Niger uranium claims in the State Department’s December 2002 ‘fact sheet’ on Iraq’s WMD program.” The lawyers say it is doubtful that the information Hannah and Wurmser have provided will ever be made public, but their information was crucial to Fitzgerald’s investigation because it allowed him “to put together a timeline that showed how various governmental agencies knew about Plame [Wilson]‘s covert CIA status.” [Raw Story, 11/2/2005]

Entity Tags: Raw Story, David Wurmser, John Hannah, John R. Bolton, Joseph C. Wilson, Valerie Plame Wilson, US Department of State, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The FBI terminates its two-year investigation into who disseminated the forged documents that alleged Iraq attempted to purchase 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). Italian intelligence chief Nicolo Pollari has confirmed that former Italian intelligence agent Rocco Martino disseminated the documents (see November 3, 2005). FBI chief Robert Mueller has praised Pollari and SISMI’s cooperation with the bureau’s investigation. In part because of information provided by SISMI to the FBI, the bureau concludes that the forgeries were produced by a person or persons for personal profit, and rules out any possibility that SISMI attempted to influence US policies. The Italian newspaper La Repubblica has published a three-part investigative series claiming Pollari had knowingly provided the US and Great Britain with the forgeries (see October 16, 2001, October 18, 2001, December 9, 2001, and September 9, 2002), perhaps at the behest of Italian Prime Minister Silvio Berlusconi, who it says was said to be eager to help President Bush in the search for weapons in Iraq (see (After October 18, 2001)). Berlusconi has denied any involvement. [New York Times, 11/4/2005]

Entity Tags: La Repubblica, Federal Bureau of Investigation, George W. Bush, Silvio Berlusconi, Nicolo Pollari, Rocco Martino, Robert S. Mueller III

Timeline Tags: Niger Uranium and Plame Outing

Conservative Washington lawyers David Rivkin and Lee Casey publish a guest editorial in the Wall Street Journal defending the Bush administration, and specifically the indicted Lewis Libby (see October 28, 2005), for their actions in the Plame Wilson identity leak. No crime was committed, Rivkin and Casey allege, and no legal ethics were breached. Valerie Plame Wilson’s identity as a CIA official was moot because, Rivkin and Casey write, “she was not a covert agent—a readily ascertainable fact that should have concluded special counsel Fitzgerald’s investigation almost as soon as it got underway” (see Fall 1992 - 1996). In fact, Rivkin and Casey write, exposing Plame Wilson’s role in her husband Joseph Wilson’s 2002 mission to Africa (see February 19, 2002, February 21, 2002-March 4, 2002, July 22, 2003, October 17, 2003, and July 20, 2005) “was relevant to an accurate understanding of his later allegations against the administration.” In general, the lawyers state, it is not a crime to expose an intelligence official’s “classified” status, only genuine covert agents. Since Plame Wilson was not a covert agent, by Rivkin and Casey’s standards, no crime was committed in exposing her as a CIA official. And even had she been, they continue, certainly no damage could have been done by her exposure (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). When Wilson decided to publish his New York Times op-ed (see July 6, 2003), the lawyers write, he “eliminated whatever shreds of anonymity” Plame Wilson retained. The lawyers conclude that “the revelation of Ms. Plame [Wilson]‘s connection to the CIA was a public service, neither criminal nor unethical.” [Wall Street Journal, 11/4/2005]

Entity Tags: Valerie Plame Wilson, Bush administration (43), David Rivkin, Lewis (“Scooter”) Libby, Joseph C. Wilson, Wall Street Journal, Lee Casey, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

New York Post editorial writer Deborah Orin echoes charges made by previous columnists in the Wall Street Journal that special counsel Patrick Fitzgerald is conducting a partisan political prosecution of former White House official Lewis Libby (see October 29, 2005 and October 31, 2005), and repeats charges by former Reagan Justice Department official Victoria Toensing that the CIA is behind the exposure of Valerie Plame Wilson’s covert identity (see November 3, 2005). Orin repeats previously made assertions that the CIA allowed Plame Wilson’s exposure by allowing her to send her husband, former ambassador Joseph Wilson, to Niger (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), failed to have Wilson sign “the usual confidentiality agreement,” and failed to require him to write a written report (see March 4-5, 2002, (March 6, 2002), and March 8, 2002). Orin accuses Wilson of only voicing his public criticism of the Bush administration’s Iraq invasion after he “joined” the presidential campaign of John Kerry (D-MA) in May 2003, even though he began publicly criticizing the administration a year earlier (see May 2002, October 13, 2002, November 2002, December 9, 2002, January 28-29, 2003, February 13, 2003, February 28, 2003, March 3, 2003, March 5, 2003, and March 8, 2003), and the White House began its retaliatory attack against his criticisms in March 2003 (see March 9, 2003 and After). Orin also repeats Toensing’s sourceless assertion that Wilson’s New York Times op-ed about his findings in Niger (see July 6, 2003) “sharply conflicted with what he’d told the CIA.” It was the CIA’s actions, not the White House’s, that led to Plame Wilson’s exposure, Orin avers (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). Orin quotes Toensing, who said: “It [the Plame Wilson exposure] was a planned CIA covert action against the White House. It was too clever by half.” The reason, Orin says, was to divert attention from its intelligence failures surrounding the US failure to find WMD in Iraq: “Having Wilson go public was very useful to the CIA, especially the division where his wife worked—because it served to shift blame for failed ‘slam dunk’ intelligence claims away from the agency. To say that Bush ‘twisted’ intelligence was to presume—falsely—that the CIA had gotten it right.” The White House was merely defending itself from the CIA’s propaganda onslaught, Orin writes, adding that since Plame Wilson was not a covert agent (see Fall 1992 - 1996), the agency was “dishonest” in claiming that its intelligence operations had been damaged by her exposure (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). [New York Post, 11/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Deborah Orin, John Kerry, Joseph C. Wilson, Victoria Toensing, Valerie Plame Wilson, New York Post, Patrick J. Fitzgerald, Wall Street Journal

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Village Voice’s Sydney Schanberg castigates Washington Post reporter and managing editor Bob Woodward for his behavior in the Plame Wilson investigation. Schanberg is referring to Woodward’s repeated attacks on the investigation and his support for the Bush administration (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). He is as yet unaware of Woodward’s status as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003 and November 14, 2005). Woodward is a rightful icon of investigative journalism due to “the groundbreaking shoe-leather reporting he and Carl Bernstein did on the Watergate scandal in 1972” (see June 15, 1974). Now, though, Schanberg writes, he has become just another well-connected Washington insider. “Doesn’t Woodward remember the reaction by many in the White House press corps, who initially sneered at the [Watergate] story and brushed it off as the fevered product of two lowly cityside reporters covering crime and the courts—which is what Woodward and Bernstein were at the time? I wish I were wrong, but to me Woodward sounds as if he has come a long way from those shoe-leather days—and maybe on a path that does not become him. He sounds, I think, like those detractors in 1972, as they pooh-poohed the scandal that unraveled the Nixon presidency—the scandal that Woodward and Bernstein doggedly uncovered.” Schanberg believes that Woodward has sacrificed his independence and his aggressive stance as an investigator in order to receive the unprecedented access to the White House and other Washington governmental agencies that he enjoys as a high-profile political author. “Critics in the press have suggested that Woodward is too close to some of his sources to provide readers with an undiluted picture of their activities,” Schanberg notes. “His remarks about the Fitzgerald investigation convey the attitude of a sometime insider reluctant to offend—and that is hardly a definition of what a serious, independent reporter is supposed to be. It’s a far piece from Watergate.” [Village Voice, 11/8/2005]

Entity Tags: Sydney Schanberg, Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

The National Review publishes an editorial by Cesar Conda, an assistant to Vice President Dick Cheney from January 2001 to September 2003. Conda writes a glowing defense of indicted perjurer Lewis Libby, whom he worked with in Cheney’s office. Conda notes that he was not “personally close” to Libby, and says he has not spoken to him since December 2004. Conda claims no access to the Libby defense team, nor any knowledge of the Libby defense strategy. However, he writes, “I have my own observations of the man, and some commonsense arguments that should to be considered as they relate to the indictment.” Conda calls the portrayal of Libby in special counsel Patrick Fitzgerald’s indictment of him (see October 28, 2005) a “caricature” that “is utterly at odds with his professional and personal history.” Libby, Conda writes, “is honorable, discreet, selfless—a man of unquestionable integrity. Most of his professional career has been spent in public service, as a behind-the-scenes, yet invaluable staffer at the Department of State, the Department of Defense, and the Congress.” Libby served in Cheney’s office “at great personal sacrifice,” according to Conda, choosing to leave “a lucrative private law practice” and “compromis[ing] family time with his two grade-school children—to focus his energies on his all consuming job in the White House.” Conda goes into detail about Libby’s overwhelming workload, a key element of the Libby defense team’s “memory defense” (see January 31, 2006). According to Conda, Libby should be expected to misremember some “fleeting” conversations he may have had with reporters about former ambassador Joseph Wilson and Wilson’s wife, 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, July 10 or 11, 2003, October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Conda claims that Wilson is at the heart of the Libby indictment, and accuses him of falsifying his report about the Iraq-Niger uranium hoax (see March 4-5, 2002 and July 6, 2003). Conda concludes by praising Libby as a man whose “noble” goal was “to protect the American people from terrorism.” [National Review, 11/10/2005]

Entity Tags: US Department of Defense, Bush administration (43), Cesar Conda, Joseph C. Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, National Review

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward testifies under oath in a sworn deposition to special counsel Patrick Fitzgerald concerning his knowledge of the identity of outed CIA agent Valerie Plame Wilson (see December 30, 2003), and how he came upon that knowledge. Woodward testifies that he spoke “with three current or former Bush administration officials” in regards to his book Plan of Attack. He testifies for two hours under an agreement that he will only discuss matters specifically relevant to Fitzgerald’s investigation, and with written statements from each of the three administration officials waiving confidentiality “on the issues being investigated by Fitzgerald.” Woodward’s name came to Fitzgerald’s attention after one of the three officials, former Deputy Secretary of State Richard Armitage, told Fitzgerald that he had revealed Plame Wilson’s identity to Woodward (see June 13, 2003 and After October 28, 2005). In his story for the Post about his testimony, Woodward does not reveal Armitage’s identity, but it is soon disclosed by other sources (see March 14, 2006). Woodward spoke with a second administration official, whose identity he also does not disclose, and with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, but says he did not discuss Plame Wilson with either Libby or the other official (see June 23, 2003). He testifies that he did not discuss Plame Wilson with any other government officials (see June 20, 2003) before Robert Novak publicly outed her on July 14 (see July 14, 2003). Woodward notes, “It was the first time in 35 years as a reporter that I have been asked to provide information to a grand jury.” [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 7/3/2007] Investigative reporters for the progressive news Web site Raw Story identify National Security Adviser Stephen Hadley as Woodward’s source for Plame Wilson’s identity, a claim echoed by the Times of London. Hadley refuses to answer questions on the topic. [Raw Story, 11/16/2005; London Times, 11/20/2005] In 2006, the National Security Council will refuse to directly deny Hadley’s involvement, and will request that Raw Story attribute denials to the White House and not to itself.) [Raw Story, 3/19/2006]
Woodward Told Second Reporter about Plame Wilson - Woodward testifies that he told another reporter about Plame Wilson: “I told Walter Pincus, a reporter at the Post, without naming my source, that I understood Wilson’s wife worked at the CIA as a WMD analyst.” Pincus says he has no memory of Woodward telling him anything about Plame Wilson, and says he would certainly have remembered such a conversation, especially since he was writing about Plame Wilson’s husband, war critic Joseph Wilson, at the time (see June 3, 2003, June 11, 2003, June 12, 2003, and (July 11, 2003)). “Are you kidding?” Pincus says. “I certainly would have remembered that.” Pincus believes Woodward is confused about the timing and the nature of their conversations; he remembers Woodward making a vague allusion to Plame Wilson in October 2003. That month, Pincus had written a story explaining how an administration source had contacted him about Wilson. Pincus recalls Woodward telling him that he was not the only person who had been contacted.
Libby Lawyer: Woodward's Testimony Undermines Case against Client - Lewis Libby’s lawyer, William Jeffress, says Woodward’s testimony undermines the case Fitzgerald is building against his client (see October 28, 2005). “If what Woodward says is so, will Mr. Fitzgerald now say he was wrong to say on TV that Scooter Libby was the first official to give this information to a reporter?” Jeffress says. “The second question I would have is: Why did Mr. Fitzgerald indict Mr. Libby before fully investigating what other reporters knew about Wilson’s wife?” [Washington Post, 11/16/2005]
Plame Wilson 'Deeply Disappointed' in Woodward - In 2007, Plame Wilson will write, “I was deeply disappointed that [Woodward] had chosen to react as a journalist first and a responsible citizen only when his source ‘outed’ him to the special prosecutor.” [Wilson, 2007, pp. 238]

Entity Tags: Valerie Plame Wilson, Walter Pincus, Robert Novak, Richard Armitage, Raw Story, Lewis (“Scooter”) Libby, National Security Council, Bob Woodward, Bush administration (43), Joseph C. Wilson, William Jeffress, London Times, Patrick J. Fitzgerald, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Critics of the Bush administration, and of the reporters who helped push its narrative regarding the Iraq invasion, lambast Washington Post reporter Bob Woodward for failing to reveal himself as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003, November 14, 2005, and November 16-17, 2005) while himself attacking the Plame Wilson investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Joshua Micah Marshall writes that while the story of Woodward’s involvement remains “sketchy,” it appears “that Woodward—who has long been publicly critical of the Fitzgerald investigation—has been part of it from the beginning. Literally, the beginning.… At a minimum, though, Woodward seems to have some explaining to do, at least for the fact that he became an aggressive commentator on the leak story without ever disclosing his own role in it, not even to his editors.” [Talking Points Memo, 11/15/2005] The Washington Monthly’s Kevin Drum calls Woodward’s behavior “bizarre,” and says, “I can’t begin to make sense of this.” [Washington Monthly, 11/17/2005] The Washington Post’s Howard Kurtz asks, “Who was this Shallow Throat, and why is this the first we’re hearing about it?” [Washington Post, 11/16/2005] Liberal author and blogger Jane Hamsher is particularly caustic in her criticism, writing: “Woodward stopped being a ‘journalist’ in the true sense of the word long ago—when he decided celebrity status and book sales meant more than the truth. He has gone from being—well, whatever he was, to something much worse: an official peddler of lies told by powerful people to whitewash their criminal activities.” [Jane Hamsher, 11/15/2005] And John Aravosis of the liberal AmericaBlog writes: “It’s also beginning to sound a lot like Bob Woodward is becoming our next Judith Miller (see October 16, 2005). His repeated rants in defense of this administration, and against the special prosecutor, certainly take on a very interesting edge considering Mr. Woodward didn’t bother disclosing that he was quite involved in this story, and was hardly the impartial observer his silence suggested he was. Not to mention, he knew all along that HE TOO had received the leak, suggesting that a clear pattern of multiple leaks was developing, yet he still went on TV and said that all of these repeated leaks were just a slip of the tongue?” (Emphasis in the original.) [John Aravosis, 11/15/2005]

Entity Tags: Jane Hamsher, Bob Woodward, Bush administration (43), John Aravosis, Howard Kurtz, Judith Miller, Joshua Micah Marshall, Kevin Drum

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward acknowledges testifying in the Plame Wilson investigation (see November 14, 2005), and apologizes to the Post for failing to tell editors and publishers that a senior Bush administration official told him over two years ago that Valerie Plame Wilson was a CIA officer (see June 13, 2003). Woodward is a reporter and assistant managing editor at the Post. While speculation has been rife over which reporters knew of Plame Wilson’s identity, and which administration officials are responsible for blowing her covert status, Woodward has never admitted to being a recipient of the leaked information, and has repeatedly attacked the investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Woodward explains that he did not reveal his own involvement in the case—that Deputy Secretary of State Richard Armitage informed him of Plame Wilson’s CIA status—because he feared being subpoenaed by special prosecutor Patrick Fitzgerald. Woodward says he was trying to protect his sources. “That’s job number one in a case like this,” he says. “I hunkered down. I’m in the habit of keeping secrets. I didn’t want anything out there that was going to get me subpoenaed.” Woodward told his editors about his knowledge of the case shortly after former White House aide Lewis “Scooter” Libby was indicted for perjury and obstruction of justice (see October 28, 2005). [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 11/17/2005]
Woodward 'Should Have Come Forward' - Executive editor Leonard Downie Jr. says Woodward “made a mistake.… [H]e still should have come forward, which he now admits. We should have had that conversation.… I’m concerned that people will get a mis-impression about Bob’s value to the newspaper and our readers because of this one instance in which he should have told us sooner.” Downie adds: “After Libby was indicted, [Woodward] noticed how his conversation with the source preceded the timing in the indictment. He’s been working on reporting around that subject ever since the indictment.”
Questions of Objectivity, Honesty - Woodward’s silence about his own involvement while repeatedly denigrating the investigation causes many to question his objectivity. “It just looks really bad,” says Eric Boehlert, an author and media critic. “It looks like what people have been saying about Bob Woodward for the past five years, that he’s become a stenographer for the Bush White House” (see November 25, 2002). Journalism professor Jay Rosen says flatly, “Bob Woodward has gone wholly into access journalism.” And Robert Zelnick, chair of Boston University’s journalism department, says: “It was incumbent upon a journalist, even one of Woodward’s stature, to inform his editors.… Bob is justifiably an icon of our profession—he has earned that many times over—but in this case his judgment was erroneous.” Rem Rieder, the editor of American Journalism Review, says Woodward’s disclosure is “stunning… [it] seems awfully reminiscent of what we criticized Judith Miller for.” Miller, a reporter for the New York Times, was accused by Times executive editor Bill Keller of misleading the paper by not informing her editors that she had discussed Plame Wilson’s identity with Libby (see October 16, 2005). Rieder calls Woodward “disingenuous” for his criticism of the investigation (see July 7, 2005, July 11, 2005, July 17, 2005, and October 27, 2005) without revealing his own knowledge of the affair. Columnist and reporter Josh Marshall notes, “By becoming a partisan in the context of the leak case without revealing that he was at the center of it, really a party to it, he wasn’t being honest with his audience.” Woodward claims he only realized his conversation with Armitage might be of some significance after Libby was described in the indictment as the first Bush official to reveal Plame Wilson’s name to reporters. Armitage told Woodward of Plame Wilson’s identity weeks before Libby told Miller. Unlike Libby, Armitage did not release Woodward from his promise to protect his identity (see September 15, 2005). [Washington Post, 11/17/2005]
Woodward Denies Quid Pro Quo - Some time later, a colleague will ask Woodward if he were trading information with Armitage on a friendly, perhaps less-than-professional basis. “Was this a case of being in a relationship where you traded information with a friend?” Woodward will respond sharply: “It’s not trading information. It is a subterranean narrative. What do you have? What do you know? If you start making this a criminal act, people will not speak to you.” [Vanity Fair, 4/2006]

Entity Tags: Lewis (“Scooter”) Libby, Eric Boehlert, Bush administration (43), Bob Woodward, Jay Rosen, Leonard Downie, Jr., Valerie Plame Wilson, Washington Post, Richard Armitage, Robert Zelnick, Joshua Micah Marshall, Patrick J. Fitzgerald, Rem Rieder

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

A Washington Post analysis posits that the revelation that Post reporter Bob Woodward was the first to learn of Valerie Plame Wilson’s CIA identity (see June 13, 2003 and November 14, 2005) may “provide a boost” to the legal defense of indicted White House leaker Lewis Libby (see October 28, 2005). Woodward has testified that another government official leaked Plame Wilson’s name to a member of the press—himself—well before Libby’s leaks to other reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Furthermore, Woodward has testified that Libby did not divulge Plame Wilson’s name to him during their two conversations in late June (see June 23, 2003 and June 27, 2003), a time period in which special counsel Patrick Fitzgerald says Libby was passing information about Plame Wilson to reporters and colleagues. The Post writes, “While neither statement appears to factually change Fitzgerald’s contention that Libby lied and impeded the leak investigation, the Libby legal team plans to use Woodward’s testimony to try to show that Libby was not obsessed with unmasking Plame and to raise questions about the prosecutor’s full understanding of events.” Former federal prosecutor John Moustakas says: “I think it’s a considerable boost to the defendant’s case. It casts doubt about whether Fitzgerald knew everything as he charged someone with very serious offenses.” But Randall Eliason, formerly the head of the public corruption unit in the Washington, DC, US Attorney’s Office, says he doubts the Woodward account will have much effect on Libby’s case, and calls such theories “defense spin.” Eliason says: “Libby was not charged with being the first to talk to a reporter, and that is not part of the indictment. Whether or not some other officials were talking to Woodward doesn’t really tell us anything about the central issue in Libby’s case: What was his state of mind and intent when he was talking to the FBI and testifying in the grand jury?… What this does suggest, though, is that the investigation is still very active. Hard to see how that is good news for [White House deputy chief of staff Karl] Rove or for anyone else in the prosecutor’s cross hairs.” The Libby defense team is calling Woodward’s testimony a “bombshell” with the potential to derail Fitzgerald’s case. Rove’s defense lawyers add that Woodward’s testimony benefits their client also. A source the Post calls “close to Rove” says: “It definitely raises the plausibility of Karl Rove’s simple and honest lapses of memory, because it shows that there were other people discussing the matter in what Mr. Woodward described as very offhanded, casual way. Let’s face it, we don’t all remember every conversation we have about significant issues, much less those about those that are less significant.” [Washington Post, 11/17/2005] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, notes: “Fitzgerald did not say that Libby was the first administration official to disclose Valerie Plame Wilson’s identity to a reporter. He said Libby was the first person known to the government to have disclosed her identity. There’s a sea of difference between the two.… I think it’s perfectly clear what Fitzgerald meant in light of his statement at the beginning of the conference—Libby was the first person the investigation uncovered who disclosed the information to a reporter. I see nothing in Woodward’s revelations that affect the charges against Libby. He’s not charged with leaking Plame Wilson’s identity or with engaging in a vendetta against Wilson, although some have said he did both. He’s charged with lying to Fitzgerald’s investigators and the grand jury about what he told reporters and when and what reporters told him—and obstructing justice.” [Jeralyn Merritt, 11/16/2005]

Entity Tags: Lewis (“Scooter”) Libby, Jeralyn Merritt, Bob Woodward, John Moustakas, Karl C. Rove, Randall Eliason, Washington Post, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative John Podhoretz adds his voice to the recent demands from conservatives for special counsel Patrick Fitzgerald to drop his prosecution of former White House official Lewis Libby (see November 10, 2005, November 17, 2005, November 17, 2005, and November 17, 2005). Podhoretz calls Fitzgerald’s investigation an “inquisition,” and, like many of his fellow commentators, points to the recent revelation that reporter Bob Woodward received leaked information about Valerie Plame Wilson’s CIA status before Libby leaked it to a different reporter (see November 14, 2005). In his indictment of Libby (see October 28, 2005), Fitzgerald said that Libby was “the first official to disclose this information outside the government to a reporter” when he told former New York Times reporter Judith Miller about Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald did not know then that another, as-yet-unnamed government official (later revealed to be former Deputy Secretary of State Richard Armitage—see June 13, 2003) had “outed” Plame Wilson before Libby. Therefore, Podhoretz concludes, there is no evidence that Libby knowingly lied 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) in denying his leaks of Plame Wilson’s identity. “How can it be fair to convict Libby when even the prosecutor himself can’t get the story straight?” Podhoretz asks. [New York Post, 11/18/2005]

Entity Tags: Valerie Plame Wilson, Bob Woodward, John Podhoretz, Judith Miller, Lewis (“Scooter”) Libby, Richard Armitage, Patrick J. Fitzgerald

Timeline Tags: Neoconservative Influence, Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post media critic Howard Kurtz profiles Bob Woodward, the Post reporter and managing editor who has gone from trailblazing investigative reporter during the Watergate days (see June 15, 1974) to protecting Bush administration sources and lambasting the Plame Wilson investigation while concealing his own involvement as a leak recipient (see November 15-17, 2005 and November 16-17, 2005). “Three decades older and millions of dollars richer, Woodward still has plenty of secret sources, but they work in the highest reaches of the Bush administration,” Kurtz writes. “They are molding history rather than revealing Watergate-style corruption. Some have even used the press to strike back against a critic of their war by revealing the identity of a CIA operative. And the public is no longer as enamored of reporters and their unnamed informants.… In today’s polarized political atmosphere, Woodward’s journalistic methods have been assailed by those who view him as dependent on the Bush inner circle for the narratives that drive his bestsellers.” Kurtz quotes Post executive editor Leonard Downie, Jr. as saying that Woodward “has gone from being someone who was on the outside to someone who has such access, who’s famous, who’s recognized on the street, who’s treated by celebrities and very high officials as an equal.… [H]is access has produced a lot of information about the inner workings of this White House, the Clinton White House, the first Bush administration, and documents, actual documents, that nobody else has gotten.” Downie says that Woodward has admitted to withholding newsworthy information for his books, and has promised to write in a more timely fashion for the Post when he receives such information. But Kurtz then quotes journalism professor Jay Rosen: “Woodward for so long was a symbol of adversarial journalism because of the Watergate legend. But he really has become an access journalist, someone who’s an insider.” David Gergen, a Harvard professor and editor at US News and World Report, says of Woodward: “I do think that Bob’s politics have changed some over the years. He’s much more sympathetic to the establishment, especially the Republican establishment.” Mary Matalin, a former adviser to Vice President Dick Cheney, says: “There is a really deep respect for his work, and a deep desire by [President Bush] to have a contemporaneous, historically accurate account. The president rightly believed that Woodward, for good and ill, warts and all, would chronicle what happened. It’s in the White House’s interest to have a neutral source writing the history of the way Bush makes decisions. That’s why the White House gives him access.” [Washington Post, 11/28/2005] Author and media critic Frank Rich will note that “some of what Woodward wrote was ‘in the White House’s interest’ had to be the understatement of the year. Dubious cherry-picked intelligence from the Feith-WHIG conveyor belt (see August 2002) ended up in Plan of Attack (see Summer 2003) before that information was declassified.… No wonder Matalin thought Woodward had done ‘an extraordinary job.’ The WHIG gang had spun him silly.” [Rich, 2006, pp. 192]

Entity Tags: Howard Kurtz, Bush administration (43), Bob Woodward, Clinton administration, Frank Rich, Leonard Downie, Jr., Washington Post, Jay Rosen, David Gergen, Mary Matalin, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Author and Vanity Fair reporter Craig Unger interviews Michael Ledeen regarding the false claims that Iraq attempted to purchase massive amounts of 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). Ledeen, a prominent neoconservative who holds the Freedom Chair at the American Enterprise Institute, is well known to have extensive ties to the Italian intelligence community and for his relationship with discredited Iranian arms merchant Manucher Ghorbanifar (see 1981 and December 9, 2001). Ledeen denies any involvement in promulgating the fraudulent uranium allegations. “I’m tired of being described as someone who likes fascism and is a warmonger,” he says. (Ledeen has written books and articles praising Italy’s Benito Mussolini, and wrote numerous articles in the run-up to the Iraq invasion calling for the US to forcibly overthrow numerous Middle Eastern governments along with Iraq’s—see September 20, 2001, December 7, 2001, and August 6, 2002.) “I think it’s obvious I have no clout in the administration. I haven’t had a role. I don’t have a role.” He barely knows White House political adviser Karl Rove, he says, and has “no professional relationship with any agency of the federal government during the Bush administration. That includes the Pentagon.” The facts contradict Ledeen’s assertions. Since before Bush’s inauguration, Rove has invited Ledeen to funnel ideas to the White House (see After November 2000). Former Pentagon analyst Karen Kwiatkowski says Ledeen “was in and out of [the Pentagon] all the time.” Ledeen is very close to David Wurmser, who held key posts in the Pentagon and State Department before becoming the chief Middle East adviser for Vice President Dick Cheney. Ledeen also has close ties to National Security Adviser Stephen Hadley. Of course, none of this proves or disproves his connections, if any, to the Iraq-Niger fabrications. [Unger, 2007, pp. 231]

Entity Tags: Manucher Ghorbanifar, Bush administration (43), American Enterprise Institute, Craig Unger, David Wurmser, Karen Kwiatkowski, Karl C. Rove, Stephen J. Hadley, Michael Ledeen, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: Neoconservative Influence, Niger Uranium and Plame Outing

Viveca Novak.Viveca Novak. [Source: Annenberg Public Policy Center]The New York Times learns that a conversation between the lawyer for White House official Karl Rove and Time magazine reporter Viveca Novak led Rove to change his testimony to the grand jury investigating the Plame Wilson identity leak (see October 14, 2005). Novak told Rove’s lawyer, Robert Luskin, that her colleague at Time, Matthew Cooper, had possibly learned of Valerie Plame Wilson’s CIA status from Rove (see March 1, 2004). Special prosecutor Patrick Fitzgerald has summoned Novak to testify before his grand jury about the Luskin conversation. Sources say Fitzgerald is still determining whether Rove has been truthful and forthcoming in his multiple testimonies before the jury, and whether he altered his testimony after learning that Cooper might identify him as a source (see October 15, 2004). Previously, Rove testified that he only spoke to columnist Robert Novak (no relation to Viveca Novak) about Plame Wilson’s secret CIA identity (see July 8, 2003), and failed to disclose his similar leak to Cooper (see 11:00 a.m. July 11, 2003). Rove testified that he simply forgot about his conversation with Cooper during previous testimony. [Washington Post, 11/29/2005; New York Times, 12/2/2005] Progressive media watchdog organization Media Matters notes that Novak never disclosed her conversation with Luskin to Fitzgerald, and failed to inform her readers of her contacts and her knowledge of the case in several articles she wrote about the investigation subsequent to her conversation with Luskin. Media Matters also notes that Novak “provid[ed] Luskin with information that might prove crucial to Rove’s defense in the case.… Novak, an experienced journalist working for a prestigious publication, disclosed to Rove’s lawyer information that she did not give to her readers and that Cooper would zealously try to withhold for more than a year on the basis of the purportedly sacrosanct anonymity agreement between a reporter and a source.… Novak may have affirmatively helped Rove—a source the magazine covers and will continue to cover—beat a perjury rap, not by exonerating him through a story in the course of her job, but by providing his lawyer with information in a private conversation.… Novak apparently felt free to disclose to Rove’s lawyer that Cooper might be compelled to testify before a grand jury about the conversation between Cooper and Rove, but she did not accord Time readers the same privilege.” [Media Matters, 12/2/2005] The Washington Post notes that Luskin and Novak are friends. [Washington Post, 11/29/2005]

Entity Tags: Valerie Plame Wilson, Media Matters, Matthew Cooper, Karl C. Rove, Patrick J. Fitzgerald, Robert Novak, Viveca Novak, Robert Luskin

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald meets for almost three hours with the grand jury investigating the Plame Wilson identity leak; observers believe Fitzgerald is still considering whether to bring charges against White House political strategist Karl Rove. This grand jury is newly empaneled; the first grand jury, after spending almost two years investigating the leak, was dismissed after bringing an indictment against former White House official Lewis Libby (see October 28, 2005). Its term expired that same day. [Associated Press, 12/7/2005; Washington Post, 7/3/2007]

Entity Tags: Karl C. Rove, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Viveca Novak testifies under oath in the Plame Wilson leak investigation, in an interview at her lawyer Hank Schuelke’s office. Novak has already spoken with special prosecutor Patrick Fitzgerald (see November 10, 2005) about her conversations with Robert Luskin, the lawyer for White House aide Karl Rove (see March 1, 2004), but did not inform her editors of either her conversations with Luskin or her discussion with Fitzgerald until after Fitzgerald asked her to testify under oath. In late November, she informed Time bureau chief Jim Carney, who informed managing editor Jim Kelly. As Novak will later write, “Nobody was happy about it, least of all me.” Before her testimony, various leaks about her involvement in the investigation began appearing in the press, making her “feel physically ill.” Novak also rechecked her notes and found that she had misinformed Fitzgerald about the date of her conversation with Luskin concerning Rove: it was most likely March 1, 2004 and not May 2004. Novak will later write that the second interview is “more focused” than the first one, and her responses are, if anything, even more confused and vague than during her first interview. “I was mortified about how little I could recall of what occurred when,” she will later write. Fitzgerald again focuses on her exchanges with Luskin, sticking to their previous agreement “not to wander with his questions.” [Associated Press, 12/8/2005; Time, 12/11/2005] The leaks about Novak apparently began with Luskin, who told Fitzgerald that Novak inadvertently alerted him last year that her colleague, Matthew Cooper, would have to testify that Rove was his source for an article about Valerie Plame Wilson and her husband, Joseph Wilson (see July 17, 2003). Investigative reporter Jason Leopold writes that it seems Luskin is trying to derail a potential criminal indictment of Rove (see December 7, 2005). [CounterPunch, 12/9/2005]

Entity Tags: Karl C. Rove, Jason Leopold, Hank Schuelke, Jim Carney, Joseph C. Wilson, Patrick J. Fitzgerald, Valerie Plame Wilson, Jim Kelly, Matthew Cooper, Viveca Novak, Robert Luskin

Timeline Tags: Niger Uranium and Plame Outing

Investigative reporter Jason Leopold notes that, according to his sources, special prosecutor Patrick Fitzgerald does not believe the story that White House political strategist Karl Rove and his lawyer, Robert Luskin, are telling about the fortuitous discovery of an internal e-mail that led Rove to admit that he told Time reporter Matthew Cooper about Valerie Plame Wilson’s identity. In March 2004, Time reporter Viveca Novak told Luskin that she was sure Rove outed Plame Wilson to Cooper; that information prompted Luskin to have Rove search the White House e-mail archives for information bearing out Novak’s assertion, and Rove found an e-mail he had sent to Deputy National Security Adviser Stephen Hadley about his conversation with Hadley (see March 1, 2004). Novak testified yesterday about her conversation with Luskin (see December 8, 2005). “Fitzgerald is said to be suspicious about the chain of events that led up to the discovery of the email,” Leopold writes. “Moreover, he is said to be convinced that Rove had changed his story once it became clear that Cooper would be compelled to testify about the source—Rove—who revealed Plame Wilson’s CIA status to him.” Luskin has said that his client, Rove, initially forgot about his conversation with Cooper in his first testimonies before Fitzgerald’s grand jury, and claimed he was not Cooper’s source (see October 8, 2003). According to Leopold’s sources, some of which are inside the Fitzgerald team, Fitzgerald does not find Rove and Luskin’s assertions “believable.” [CounterPunch, 12/9/2005]

Entity Tags: Patrick J. Fitzgerald, Jason Leopold, Karl C. Rove, Robert Luskin, Matthew Cooper, Valerie Plame Wilson, Stephen J. Hadley, Viveca Novak

Timeline Tags: Niger Uranium and Plame Outing

Time magazine reporter Viveca Novak writes an article discussing her recent testimony to the grand jury investigating the Plame Wilson identity leak. Novak was asked to testify (see December 2, 2005) after special prosecutor Patrick Fitzgerald learned of her conversation with Robert Luskin, the lawyer for White House official Karl Rove. Rove is a primary focus of the leak investigation. In 2004, Novak alerted Luskin that her colleague, Matthew Cooper, had learned of Valerie Plame Wilson’s CIA identity from Rove (see March 1, 2004). That information prompted Luskin to have Rove “alter” his testimony before Fitzgerald’s grand jury, and admit that he had leaked Plame Wilson’s identity to Cooper (see October 14, 2005). Novak defends her conversation with Luskin, admitting that she and Luskin had been casual friends since 1996, and she had used him as a source for several years. Luskin, Novak recalls, informed her in late October 2005 that he had told Fitzgerald of their 2004 conversation, and that Fitzgerald might want to subpoena her to testify. Novak writes that she never considered refusing to testify, since there was no need to try to protect Luskin as a source, and Luskin wanted her to testify anyway. Novak hired a lawyer but did not inform her editors at Time of the upcoming testimony. She spoke with Fitzgerald on November 10 (see November 10, 2005) and testified a month later (see December 8, 2005). Novak notes that Luskin is displeased about her decision to write about their conversation, but, she writes, “I feel that he violated any understanding to keep our talk confidential by unilaterally going to Fitzgerald and telling him what was said. And, of course, anyone who testifies under oath for a grand jury (my sworn statement will be presented to the grand jury by Fitzgerald) is free to discuss that testimony afterward.” After this article is published in Time, the magazine announces, “By mutual agreement, Viveca Novak is currently on a leave of absence.” [Time, 12/11/2005]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, Matthew Cooper, Patrick J. Fitzgerald, Viveca Novak, Robert Luskin, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

The law firm of Jones Day submits the first classified document request to special counsel Patrick Fitzgerald on behalf of its client, Lewis Libby. The letter reads in part, “The documents requested include not only documents in the possession, custody, or control of your office, but also (a) documents in the possession, custody, or control of any agency allied with the prosecution, including without limitation the FBI, CIA, and the Office of the Vice President (‘OVP’), and (b) all other documents of which your office has knowledge and to which it has access.” The request is for, among other documents, Libby’s White House notes from May 2003 through March 2004; all documents pertaining to Libby’s morning intelligence briefings from May 2003 through March 2004, and including all Presidential Daily Briefings (PDBs); any CIA damage assessment performed in light of the Plame Wilson identity leak; and any documents pertaining to Valerie Plame Wilson’s status as a clandestine CIA official. [Letter to Patrick Fitzgerald from Jones Day re United States v. I. Lewis Libby, 12/14/2005, pp. 2-5 pdf file] None of the lawyers for either the prosecution or the defense are aware of an in-house CIA assessment of the “severe” damage caused by the leak (see Before September 16, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Jones Day, Patrick J. Fitzgerald, Valerie Plame Wilson, Office of the Vice President, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

The second part of the Senate Intelligence Committee’s investigation into the mismanagement of intelligence before the Iraq invasion (see July 9, 2004) is being held up by the Pentagon’s internal investigation of former Defense Department official Douglas Feith, one of the department’s primary architects of the war plans (see Late December 2000 and Early January 2001, Shortly After September 11, 2001, September 20, 2001, Fall 2002, and May 9, 2005). The committee is waiting on a report from the Pentagon inspector general on Feith’s alleged role in manipulating pre-war intelligence to support a case for war. Feith is also being investigated by the FBI for his role in an Israeli spy case. One aspect of the committee’s investigation is likely to focus on the efforts by Defense Secretary Donald Rumsfeld to procure top-level security clearances for Feith after he was fired from the National Security Council in 1982 over allegations of espionage (see March 1982). Feith is one of a large number of pro-war conservatives to shuttle in and out of the Pentagon despite being involved in intelligence-related scandals (see Late 1969, October 1970, 1978, April 1979, March 1981, 1983, April 13, 1999-2004, 2001, and October 5, 2005), many of whom were provided security clearances by Rumsfeld. The committee’s report is being delayed because both Feith and the Defense Department refuse to provide documents and witnesses to the committee. The committee is investigating whether Feith and other current and former Defense Department officials broke the 1947 National Security Act by refusing to keep the committee “fully and currently informed of all intelligence activities” and refusing to “furnish the Congressional intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the Congressional intelligence committees in order to carry out its authorized responsibilities.” Senate sources say committee chairman Pat Roberts (R-KS) is not pressuring the Pentagon to cooperate, but instead is deferring to the Pentagon’s Inspector General, in essence allowing the Pentagon to investigate itself. [Raw Story, 1/30/2006] The report will be issued in June 2008, with few of the above issues addressed (see June 5, 2008).

Entity Tags: National Security Council, US Department of Defense, Office of the Inspector General (DoD), Pat Roberts, Senate Intelligence Committee, Douglas Feith, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

Former White House official Lewis Libby, facing criminal charges of perjury and obstruction of justice for his involvement in the Valerie Plame Wilson identity leak (see October 28, 2005), joins the Hudson Institute, a conservative think tank that focuses on foreign policy and national security. Libby is a senior fellow whose focus will be issues related to terrorism and Asia, and will also advise the institute on strategic planning. Other prominent conservatives who are members of the Hudson Institute are former Reagan administration Solicitor General Robert Bork (see October 19-20, 1973 and July 1-October 23, 1987), and former National Security Agency Director William Odom (see September 16, 2004). Libby will be paid a salary commensurate with his White House remuneration of $160,000. [Washington Post, 1/6/2006]

Entity Tags: Robert Bork, Bush administration (43), Lewis (“Scooter”) Libby, Valerie Plame Wilson, William Odom, Hudson Institute

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald responds to a classified document request submitted by the Lewis Libby defense team (see December 14, 2005). Fitzgerald disputes lawyer John Cline’s characterization of the Office of Special Counsel as “allied with… the FBI, CIA, and the Office of the Vice President,” and notes that “we are not aligned with the various delineated government agencies other than the” FBI. Fitzgerald writes that his office will provide whatever requested documents it can, but many of the classified documents requested are not in its possession, and he doubts his office will ever be provided with many of them, particularly the extremely sensitive Presidential Daily Briefs. Others of the documents, such as some of Libby’s notes from his time in the Office of the Vice President, have not yet been provided; Fitzgerald says that once his office receives the documents, he will provide them to Libby’s lawyers. [Office of Special Counsel, 1/9/2006 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Federal Bureau of Investigation, John Cline, Patrick J. Fitzgerald, Office of Special Counsel, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

The Internet news site Raw Story learns that Iranian exile and arms dealer Manucher Ghorbanifar (see December 9, 2001) attempted to peddle a fabricated story of stolen uranium to US and other Western governments in the spring and summer of 2003 (see March 7, 2003 and After). The story comes from US and foreign intelligence sources, and is confirmed by former CIA station chief Bill Murray. Ghorbanifar’s story, of an Iranian intelligence team infiltrating Iraq just before the March 2003 invasion and stealing enriched uranium to use in Iran’s nuclear weapons program, was apparently designed to earn him money as well as to embroil both Iran and Iraq in a spurious WMD plot. It is possible that a June 2003 meeting between Ghorbanifar and two US officials was part of his attempt to peddle the story (see June 2003). Ghorbanifar was extensively involved in the Iran-Contra scandal as a middleman between Iranian government officials and members of the Reagan administration (see July 18, 1985, July 25, 1985, December 8, 1985, and December 1986). [Raw Story, 1/11/2006]

Entity Tags: Raw Story, Bill Murray, Manucher Ghorbanifar

Timeline Tags: US confrontation with Iran

Controversial neoconservative Michael Ledeen, a consultant for the Bush Defense Department, confirms that he was a contributor to the Italian magazine Panorama. A Panorama reporter, Elisabetta Burba, was one of the first to come across forged documents that purported to prove Iraq had attempted to obtain weapons-grade uranium from Niger (see September 12, 2002 and Afternoon October 7, 2002). Ledeen is widely suspected of playing a role in channeling those forged documents to the CIA (see October 18, 2001, December 9, 2001, and April 3, 2005), though he has always denied doing so. Ledeen confirms that “several years ago” he was a “twice a month” contributor to Panorama, but refuses to give further details. He also denies, again, any involvement in the Niger documents: “I’ve said repeatedly, I have no involvement of any sort with the Niger story, and I have no knowledge of it aside from what has appeared in the press,” he writes. “I have not discussed it with any government person in any country.” Reporter Larisa Alexandrovna notes that Ledeen wrote for Panorama during the time that the magazine received the forgeries from an Italian intelligence peddler, and sent them from the US Embassy in Rome via backchannels to the US State Department. Around that same time, Ledeen also allegedly facilitated an unusual meeting between the head of Italy’s military intelligence agency and Stephen Hadley, the deputy national security adviser in the Bush administration (see September 9, 2002). Hadley has denied discussing anything about uranium during that meeting. [Raw Story, 1/17/2006]

Entity Tags: Larisa Alexandrovna, Bush administration (43), Elisabetta Burba, US Department of State, Stephen J. Hadley, Panorama, Michael Ledeen, US Department of Defense

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

In a letter to Lewis Libby’s defense lawyers, special counsel Patrick Fitzgerald says that Libby passed classified information from the 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002) to reporters. According to Fitzgerald, Libby did so at the behest of his then-boss, Vice President Dick Cheney. Fitzgerald says the information comes from secret grand jury testimony given by Libby (see March 5, 2004 and March 24, 2004). He says Libby testified that he caused at least one other government official to discuss an intelligence estimate with reporters in July 2003. “We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors,” Fitzgerald writes. Libby’s lawyer William Jeffress says that regardless of what evidence Fitzgerald may or may not have, his client has no intention of blaming Cheney or other senior White House officials for his actions. Senator Edward Kennedy (D-MA) says Cheney should take responsibility if he indeed authorized Libby to share classified information with reporters. “These charges, if true, represent a new low in the already sordid case of partisan interests being placed above national security,” Kennedy says. “The vice president’s vindictiveness in defending the misguided war in Iraq is obvious. If he used classified information to defend it, he should be prepared to take full responsibility.” Fitzgerald says he intends to use Libby’s grand jury testimony to support evidence pertaining to Libby’s meeting with then-New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003). [Office of Special Counsel, 1/23/2006 pdf file; Associated Press, 2/10/2006] The press learns of Libby’s testimony days later (see February 2, 2006).

Entity Tags: Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Edward M. (“Ted”) Kennedy

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a motion with the US District Court to compel the discovery of documents and materials relating to a number of journalists in Libby’s upcoming trial (see January 20, 2006). The filing includes a request for the prosecution to turn over all the information it obtained from reporters about their confidential conversations with Bush administration sources in the course of its investigation. “There can be no information more material to the defense of a perjury case than information tending to show that the alleged false statements are, in fact, true or that they could be the result of mistake or confusion,” the lawyers argue. “Libby is entitled to know what the government knows.” After complaining that the prosecution has refused to provide numerous classified documents the defense has requested (see January 23, 2006), and reiterating its requests for a huge number of White House and CIA documents (see December 14, 2005), the motion asks that documents relating to NBC bureau chief Tim Russert (see July 10 or 11, 2003), Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003 and 2:24 p.m. July 12, 2003), New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), and Washington Post reporter Bob Woodward (see November 14, 2005) be released to the defense. The defense also indicates its interest in information about NBC’s Andrea Mitchell and the Post’s Walter Pincus. [Washington Post, 1/27/2006; New York Times, 1/27/2006; US District Court for the District of Columbia, 1/26/2009 pdf file] Washington lawyer Charles Tobin says that the Libby defense move was expected, and is a result of the prosecution’s aggressive insistence on deposing journalists and forcing them to reveal confidential sources. “I think we could have expected that, when the prosecutor went on a fishing expedition, that the fish he caught would want to look back in the pail,” Tobin says. “The more this case develops, the further we seem to be getting from the core issues of the indictment—and more into the business of journalism and how news gets put out in this town.” [Washington Post, 1/27/2006]

Entity Tags: Judith Miller, Andrea Mitchell, Bob Woodward, Charles Tobin, Tim Russert, Bush administration (43), Walter Pincus, Matthew Cooper, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby’s defense team reiterates its demand for the disclosure of 10 months’ worth of Presidential Daily Briefings, or PDBs, some of the most highly classified of government documents (see December 14, 2005, January 9, 2006, and January 23, 2006). Defense lawyer John Cline has said he wants the information in part to compensate for what he says is Libby’s imperfect recollection of conversations he had with Vice President Dick Cheney and other government officials regarding CIA official Valerie Plame Wilson (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). In documents filed with the court, Libby’s lawyers argue, “Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive” (see January 31, 2006). Special prosecutor Patrick Fitzgerald has already informed Cline that his office has only “received a very discrete amount of material relating to PDBs” and “never requested copies of PDBs” themselves, in part because “they are extraordinarily sensitive documents which are usually highly classified.” Furthermore, Fitzgerald wrote that only a relatively small number of the PDB information he has received refers to Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Cline is considered an expert in using “graymail” techniques—demanding the broad release of classified documents from the government, and, when those requests are denied, demanding dismissal of charges against his client. He was successful at having the most serious charges dismissed against an earlier client, former Colonel Oliver North, in the Iran-Contra trials (see May-June, 1989). [US District Court for the District of Columbia, 1/31/2006 pdf file; National Journal, 2/6/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

In an article published in Foreign Affairs magazine, former CIA senior analyst Paul Pillar says that prewar-intelligence was misused by the administration to support its case for war. Pillar, the CIA’s national intelligence officer for the Near East and South Asia from 2000 to 2005, writes: “In the wake of the Iraq war, it has become clear that official intelligence analysis was not relied on in making even the most significant national security decisions, that intelligence was misused publicly to justify decisions already made.” The administration “went to war without requesting—and evidently without being influenced by—any strategic-level intelligence assessments on any aspect of Iraq.” According to Pillar, it was not until a year after the invasion that he first received a request for such an assessment. He also says that there was pressure on intelligence analysts to make their assessments conform to the administration’s policy, a claim that several others have made as well (see September 11, 2001-March 17, 2003; September 11, 2001-March 17, 2003). He describes a “poisonous atmosphere,” which “reinforced the disinclination within the intelligence community to challenge the consensus view about Iraqi WMD programs; any such challenge would have served merely to reaffirm the presumptions of the accusers.” Pillar also rejects the view that the administration went to war because of Iraq’s presumed ties to al-Qaeda. Rather the White House “hitch[ed] the Iraq expedition to the ‘war on terror’ and the threat the American public feared most, thereby capitalizing on the country’s militant post-9/11 mood.” Pillar suggests that the decision to go to war was instead driven by the idea that shaking up the Middle East would hasten the “spread of more liberal politics and economics in the region.” [CNN, 2/10/2006; Foreign Affairs, 3/2006]

Entity Tags: Bush administration (43), Paul R. Pillar

Timeline Tags: Events Leading to Iraq Invasion

According to sources with firsthand knowledge, alleged perjurer Lewis Libby (see October 28, 2005), the former chief of staff for Vice President Dick Cheney, has given indications of the nature of his defense in his upcoming trial (see January 16-23, 2007). Libby will tell the court that he was authorized by Cheney and other senior Bush administration officials to leak classified information to reporters to build public support for the Iraq invasion and rebut criticism of the war. Prosecutors believe that other White House officials involved in authorizing the leak of classified information may include former Deputy National Security Adviser Stephen Hadley and White House political strategist Karl Rove. Libby has already made this claim to the grand jury investigating the Plame Wilson identity leak (see March 24, 2004). As he told the grand jury, Libby will claim that he was authorized to leak classified information to rebut claims from former ambassador Joseph Wilson, Valerie Plame Wilson’s husband, that the Bush administration had misrepresented intelligence information to make a public case for war. Libby allegedly outed Plame Wilson, a covert CIA agent, as part of the White House’s effort to discredit Wilson. Libby is not charged with the crime of revealing a covert CIA agent, but some of the perjury charges center on his denials of outing Plame Wilson to the FBI and to the grand jury. Libby has admitted revealing Plame Wilson’s identity to reporter Judith Miller (see August 6, 2005); he also revealed classified information to Miller.
Risk of Implicating Cheney - Law professor Dan Richman, a former federal prosecutor, says it is surprising that Libby would use such a defense strategy. “One certainly would not expect Libby, as part of his defense, to claim some sort of clear authorization from Cheney where none existed, because that would clearly risk the government’s calling Cheney to rebut that claim.” Reporter Murray Waas writes that Libby’s defense strategy would further implicate Cheney in the White House’s efforts to discredit and besmirch Wilson’s credibility (see October 1, 2003), and link him to the leaks of classified information and Plame Wilson’s CIA identity. It is already established that Libby learned of Plame Wilson’s CIA status from Cheney and at least three other government officials (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Similarities to North's Iran-Contra Defense Strategy - Waas compares Libby’s defense strategy to that of former Colonel Oliver North, charged with a variety of crimes arising from the Iran-Contra scandal (see February 1989). Libby’s defense team includes John Cline, who represented North during his trial. Critics call Cline a “graymail” specialist, who demands the government disclose classified information during a trial, and uses potential refusals to ask for dismissal of charges. Cline won the dismissal of many of the most serious charges against North when Reagan administration officials refused to declassify documents he said were necessary for North’s defense. The special counsel for the Iran-Contra investigation, Lawrence Walsh, believed that Reagan officials refused to declassify the documents because they were sympathetic to North, and trying North on the dismissed charges would have exposed further crimes committed by more senior Reagan officials. It is likely that Cline is using a similar strategy with Libby, according to Waas. Cline has already demanded the disclosure of 10 months’ worth of Presidential Daily Briefings (PDBs), some of the most highly classified documents in government (see January 31, 2006). The Bush administration has routinely denied requests for PDB disclosures. A former Iran-Contra prosecutor says: “It was a backdoor way of shutting us down. It was a cover-up by means of an administrative action, and it was an effective cover-up at that.… The intelligence agencies do not declassify things on the pretext that they are protecting state secrets, but the truth is that we were investigating and prosecuting their own. The same was true for the Reagan administration. Cline was particularly adept at working the system.” Michael Bromwich, a former associate Iran-Contra independent counsel and a former Justice Department inspector general, says it might be more difficult for the Bush administration to use a similar strategy to undercut special counsel Patrick Fitzgerald, because Fitzgerald was appointed by the attorney general, not a panel of judges as were Walsh and Whitewater special prosecutor Kenneth Starr. Both Walsh and Starr alleged that they were impeded by interference from political appointees in the Justice Department. Bromwich’s fellow associate Iran-Contra counsel William Treanor, now the dean of Fordham University’s Law School, agrees: “With Walsh or Starr, the president and his supporters could more easily argue that a prosecutor was overzealous or irresponsible, because there had been a three-judge panel that appointed him,” Treanor says. “With Fitzgerald, you have a prosecutor who was appointed by the deputy attorney general [at the direction of the attorney general]. The administration almost has to stand behind him because this is someone they selected themselves. It is harder to criticize someone you yourself put into play.” [National Journal, 2/6/2006]
'This Is Major' - Progressive author and columnist Arianna Huffington writes: “This proves just how far the White House was willing to go to back up its deceptive claims about why we needed to go to war in Iraq. The great protectors of our country were so concerned about covering their lies they were willing to pass out highly classified information to reporters. And remember—and this is the key—it’s not partisan Democrats making this claim; it’s not Bush-bashing conspiracy theorists, or bloggers reading the Aspen roots (see September 15, 2005). This information is coming from special prosecutor Patrick Fitzgerald as filed in court papers. This is major.” [Huffington Post, 2/9/2006]

Entity Tags: Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Dan Richman, Bush administration (43), Arianna Huffington, Stephen J. Hadley, Richard (“Dick”) Cheney, William Treanor, Patrick J. Fitzgerald, Lawrence E. Walsh, Kenneth Starr, Karl C. Rove, Lewis (“Scooter”) Libby, Reagan administration, Murray Waas, John Cline, Michael Bromwich

Timeline Tags: Niger Uranium and Plame Outing

February 3, 2006: Libby Trial Date Set

Judge Reggie Walton orders a preliminary date set for Lewis Libby’s trial on perjury and obstruction charges (see October 28, 2005). Walton orders the date set for January 8, 2007. The rather lengthy delay is, in part, due to one of Libby’s lawyers, Theodore Wells, having another trial already set for the fall of 2006. Special counsel Patrick Fitzgerald does not oppose the scheduling. [MSNBC, 2/3/2006; FireDogLake, 2/3/2006] “We are very happy with the trial date set by Judge Walton,” Wells says. “The January 8, 2007, date will permit us the time we need to prepare Mr. Libby’s defense. The defense will show that Mr. Libby is totally innocent, that he has not done anything wrong, and he looks forward to being totally vindicated by a jury.” [New York Times, 2/3/2006] Walton originally wanted the trial to happen in September 2006, but it was delayed because of Wells’s scheduling conflicts. [New York Times, 2/3/2006; Washington Note, 2/3/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Author and columnist David Corn, who was the first member of the media to speculate that Valerie Plame Wilson’s exposure as a CIA official may have been a crime (see July 16, 2003), now speculates that the Lewis Libby defense team may resort to “graymail” to derail Libby’s criminal prosecution (see After October 28, 2005 and January 31, 2006). Corn writes: “[Y]ears ago defense attorneys representing clients connected to the national security establishment—say, a former CIA employee gone bad—figured out a way to squeeze the government in order to win the case: Claim you need access to loads of classified information in order to mount a defense—more than might truly be necessary. Of course, the government is going to put up a fight. It may release some information—but not everything a thorough defense attorney will say is needed. The goal is to get the government to say no to the informant. Then the defense attorney can attempt to convince the judge that without access to this material he or she cannot put up an adequate defense. If the lawyer succeeds, it’s case dismissed. In such situations, the defendant is essentially saying, ‘Prosecute me and I’ll blow whatever government secrets I can.’” Corn notes the defense’s requests for 10 months of highly classified Presidential Daily Briefings (PDBs), a request that may yet be granted (see February 24, 2006) and as such, will set up a battle with the Bush White House, which is almost certain to refuse to release any PDBs. Corn also notes defense requests for information surrounding Plame Wilson’s covert CIA status (see Fall 1992 - 1996 and April 2001 and After), another request that, if granted, will likely be refused by the CIA. Both scenarios are openings for the defense to ask for the dismissal of all charges against their client. And Libby’s team may ask for further classified information, from the State Department, the National Security Council, and the Office of the President. [Nation, 2/6/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Central Intelligence Agency, Lewis (“Scooter”) Libby, David Corn

Timeline Tags: Niger Uranium and Plame Outing

Slate reporter John Dickerson, who formerly worked for Time magazine during the initial Plame Wilson identity leak investigation coverage, writes of his knowledge of, and participation in, the investigation, including his knowledge that White House official Karl Rove leaked Valerie Plame Wilson’s CIA identity to Dickerson’s colleague, Matthew Cooper (see 11:00 a.m. July 11, 2003). Dickerson co-wrote a July 2003 Time article with Cooper (see July 17, 2003) that led to Cooper’s subpoena from the Patrick Fitzgerald investigation (see August 9, 2004 and September 13, 2004), his being held in contempt of court (see October 13, 2004), and his eventual testimony (see July 13, 2005). However, Dickerson was never subpoenaed to testify before the Fitzgerald grand jury. He writes that he accompanied the gaggle of reporters with President Bush on his trip to Africa in July 2003, and of the extensive time spent by two “senior administration official[s]” telling him how partisan and unreliable Plame Wilson’s husband Joseph Wilson is, and how he should investigate what “low-level” CIA official sent Wilson to Niger (see July 11, 2003). “I thought I got the point,” Dickerson writes. “He’d been sent by someone around the rank of deputy assistant undersecretary or janitor.” Dickerson goes on to observe, “What struck me was how hard both officials were working to knock down Wilson” (see October 1, 2003). After returning from the trip, Cooper told Dickerson that Rove had informed him of Plame Wilson’s CIA identity. “So, that explained the wink-wink nudge-nudge I was getting about who sent Wilson,” Dickerson writes. Cooper and Dickerson were careful, Dickerson writes, to ensure that other reporters would not learn of Plame Wilson’s CIA identity from either of them. And Dickerson did not want to encroach on Cooper’s arrangement with Rove. Dickerson writes: “At this point the information about Valerie Plame was not the radioactive material it is today. No one knew she might have been a protected agent—and for whatever reason, the possibility didn’t occur to us or anyone else at the time. But it was still newsworthy that the White House was using her to make its case. That Scooter Libby and Karl Rove mentioned Plame to Matt was an example of how they were attempting to undermine Wilson. They were trying to make his trip look like a special family side deal not officially sanctioned by the agency.” [Slate, 2/7/2006; Slate, 2/7/2006] In 2007, former White House press secretary Ari Fleischer will testify that he informed Dickerson of Plame Wilson’s identity (see 8:00 a.m. July 11, 2003), a statement that Dickerson will dispute. [Slate, 1/29/2007]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Bush administration (43), Ari Fleischer, John Dickerson, Karl C. Rove, Patrick J. Fitzgerald, Time magazine, Valerie Plame Wilson, Matthew Cooper, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

John Conyers (D-MI), the ranking member of the House Judiciary Committee, sends a letter to President Bush and Vice President Dick Cheney asking about recent revelations that Cheney authorized the leak of classified information to reporters (see January 23, 2006 and February 2, 2006). Conyers writes that such an authorization, if true, would constitute “an abuse of power at best, and may be outright unlawful at worst.… [I]t would appear that neither classified nuclear information nor Valerie Plame’s status as a covert agent or the name of her employer warranted declassification.” Conyers asks whether the report is true, and whether Bush, Cheney, or any of their staff members authorized former Cheney aide Lewis Libby or anyone else “to declassify and leak information to the media relating to the Iraq war and the use of pre-war intelligence on any occasions,” and if so, what the legal basis for such declassifications would be. He also asks if Bush intends to stand by his promise to “take the appropriate action” against anyone who leaked classified information” (see September 30, 2003). [Jeralyn Merritt, 2/10/2006]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, House Judiciary Committee, Lewis (“Scooter”) Libby, John Conyers

Timeline Tags: Niger Uranium and Plame Outing

The progressive Internet news site Washington Note writes a follow-up to the day’s revelation that the exposure of Valerie Plame Wilson’s identity as a covert CIA agent caused heavy damage to the CIA’s ability to monitor Iran’s nuclear weapons program (see February 13, 2006). The Note reports that, according to its source, Plame Wilson’s husband, former ambassador Joseph Wilson, included information about Iran’s nuclear program in the report from his 2002 trip to Niger (see February 21, 2002-March 4, 2002 and March 4-5, 2002). Note reporter Steve Clemons says he cannot be sure of the accuracy of the claim, “so please take the following with a grain of salt until further sourced.” Clemons describes his source as “[s]omeone with knowledge of the classified report that Joe Wilson ‘orally’ filed after his now famed investigative trip to Niger.” Wilson allegedly included two notes in his debriefing that related to Iran and its possible activities in Niger. Clemons writes that “various intelligence sources” speculate that if Iran was indeed attempting to acquire Nigerien uranium, it would be to avoid “the international intelligence monitoring of Iran’s domestic mining operations.” Wilson, according to the source, may have reported that Iran, not Iraq, tried to acquire 400 to 500 tons of Nigerien uranium (see Between Late 2000 and September 11, 2001). Clemons writes that the notes from Wilson’s Niger debriefing have been destroyed, making it much harder to verify the claims. [Washington Note, 2/13/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Steve Clemons, Joseph C. Wilson

Timeline Tags: US confrontation with Iran, Niger Uranium and Plame Outing

The media learns that Attorney General Alberto Gonzales has withheld White House e-mails from special prosecutor Patrick Fitzgerald. If revealed, those e-mails may shed light on which White House officials were involved in leaking the identity of covert CIA agent Valerie Plame Wilson to a number of reporters. Sources close to the Fitzgerald investigation team say that the e-mails may have the potential to incriminate Vice President Dick Cheney, his aides, and/or other White House officials involved in leaking Plame Wilson’s identity to the press. The sources also say that Cheney, in his 2004 testimony before Fitzgerald’s prosecutors, may have lied when he said that neither he nor any of his aides were involved in the Plame Wilson leak, and the e-mails could prove that Cheney was dishonest in his testimony. The e-mails Gonzales is withholding contain references to Plame Wilson’s identity and CIA status, and information regarding the inability to find WMD in Iraq. They also contain suggestions as to how White House officials could respond to increasingly negative criticisms about their conduct of the war from Plame Wilson’s husband, Joseph Wilson. Gonzales, who was the senior White House counsel at the time of the leak, coordinated the White House’s response to the FBI’s investigation of the leak (see May 8, 2004); he and other White House attorneys spent two weeks screening e-mails turned over to his office by some 2,000 staffers. Gonzales told Fitzgerald in 2005 that he had no intention of turning over the e-mails, because they contained classified intelligence information about Iraq in addition to minor references to Plame Wilson. The sources say Gonzales cited “executive privilege” and “national security concerns” as the reasons for not turning over some of the correspondence. Fitzgerald believes that other e-mails were intentionally “shredded” or deleted by either Gonzales or other White House officials. Fitzgerald has informed the judge presiding over the investigation that e-mails from the offices of Cheney and President Bush have not been saved. In a letter to the defense team of former Cheney chief of staff Lewis Libby, Fitzgerald has written, “In an abundance of caution, we advise you that we have learned that not all e-mail of the Office of the Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Truthout (.org), 2/15/2006] The Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6 (see February 6, 2006).

Entity Tags: Executive Office of the President, Alberto R. Gonzales, Bush administration (43), Lewis (“Scooter”) Libby, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald makes a filing to the court in opposition to the Lewis Libby defense team’s requests for highly classified information (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, and February 21, 2006), requests that some have characterized as an attempt to “graymail” the government (see After October 28, 2005, January 31, 2006, and February 6, 2006) by threatening to reveal national security secrets. In his brief, Fitzgerald calls the defense request for almost 11 months of Presidential Daily Briefings (PDBs) “breathtaking” and unnecessary for a perjury defense. “The defendant’s effort to make history in this case by seeking 277 PDBs in discovery—for the sole purpose of showing that he was ‘preoccupied’ with other matters when he gave testimony to the grand jury—is a transparent effort at ‘greymail.’” [Nation, 2/17/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Shortly after the press learns that White House counsel Alberto Gonzales has withheld White House e-mails from the Fitzgerald investigation (see February 15, 2006), the White House turns over some 250 pages of e-mails from Vice President Dick Cheney’s office. The e-mails were sent during the spring of 2003 by senior Cheney aides, and pertain to the leak of CIA official Valerie Plame Wilson’s covert identity to the press. Special counsel Patrick Fitzgerald reveals the “discovery” of the missing e-mails in court. According to reporter Jason Leopold, the contents of the e-mails are “explosive, and may prove that Cheney played an active role in the effort to discredit Plame Wilson’s husband, former ambassador Joseph Wilson, a vocal critic of the Bush administration’s pre-war Iraq intelligence.” According to Leopold’s sources, the e-mails could also prove that Cheney lied to FBI investigators when he was interviewed about the leak in early 2004 (see May 8, 2004). Cheney told investigators that he knew nothing of any effort to discredit Wilson or to expose his wife’s undercover status to reporters. However, the e-mails indicate that Cheney led an effort to discredit Wilson that began in March 2003, and used the CIA to dig up information on Wilson that could be used to dirty his reputation in the press (see March 9, 2003 and After). Some of the e-mails refer to Plame Wilson’s identity and CIA status, and reference the US military’s inability to find weapons of mass destruction in Iraq. The e-mails also contain suggestions from Cheney’s senior aides, and from staffers of the National Security Council, as to how the White House should respond to Wilson’s criticisms of the administration’s pre-war Iraq intelligence. Fitzgerald has been attempting to secure the “missing” e-mails since late January (see January 23, 2006). Gonzales is still refusing to turn over some of the e-mails, citing “executive privilege” and “national security” concerns. [Truthout (.org), 2/24/2006; Associated Press, 2/27/2006] On February 28, the Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6, and that they contain nothing pertinent to the trial (see February 6, 2006).

Entity Tags: Joseph C. Wilson, Bush administration (43), Alberto R. Gonzales, Jason Leopold, Office of the Vice President, Patrick J. Fitzgerald, Valerie Plame Wilson, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team files a rejoinder to the special counsel’s request that the team not be granted access to classified White House documents (see February 16, 2006). Libby’s lawyers call the request “entirely unconvincing” and based on “phantom concerns” over executive privilege, “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)), and “illusory grand jury secrecy interests.” The motion requests that all documents previously requested be provided to the defense by the special counsel. [US District Court for the District of Columbia, 2/21/2006 pdf file; Jurist, 2/22/2006] “Denying Mr. Libby’s requests because they pertain to ‘extraordinarily sensitive’ documents would have the effect of penalizing Mr. Libby for serving in a position that required him to address urgent national security matters every day,” Libby’s lawyers write. Responding to the accusations of “graymail,” they write, “The government’s ‘greymail’ accusation is not only false, but insulting.” [Associated Press, 2/22/2006] One of Libby’s lawyers, Theodore Wells, files a separate affidavit in support of the team’s motion. [US District Court for the District of Columbia, 2/21/2006 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

In a court hearing, special counsel Patrick Fitzgerald argues that Valerie Plame Wilson’s identity as a covert CIA official (see Fall 1992 - 1996) is irrelevant to the perjury charges pending against former White House official Lewis Libby (see October 28, 2005). “We’re trying a perjury case,” Fitzgerald tells Judge Reggie Walton. Even if Plame Wilson had never worked for the CIA at all, Fitzgerald continues, even if she had been simply mistaken for a CIA agent, the charges against Libby would still stand. Furthermore, Fitzgerald tells Walton, he does not intend to offer “any proof of actual damage” caused by the disclosure of Plame Wilson’s identity. Libby’s defense lawyer Theodore Wells objects to Fitzgerald’s statement, saying that in the actual trial, Fitzgerald will likely tell the jury that the leak of Plame Wilson’s identity either damaged or could have damaged the CIA’s ability to gather critical intelligence (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). Wells says he may call either Plame Wilson, her husband Joseph Wilson (see February 21, 2002-March 4, 2002), or both to testify in the case, as well as CIA employees. “I might call Ms. Wilson” to testify, he says. “I might call her husband. There are going to be CIA employees as witnesses in this.… Was she just classified because some bureaucracy didn’t declassify her five years ago when they should have?” Wells asks if Plame Wilson may have been “classified based on a piece of paper.” One anonymous source tells a National Review columnist: “She was definitely undercover by agency standards at the time in question. That was a classified bit of information, and is sufficient as far as the agency is concerned to bring it to the attention of the Justice Department. You can argue whether she should have been, but as far as the agency was concerned it was classified.” [National Review, 2/27/2006] In his statement to the court, Fitzgerald notes: “[T]he issue is whether [Libby] knowingly lied or not. And if there is information about actual damage, whatever was caused or not caused that isn’t in his mind, it is not a defense. If she turned out to be a postal driver mistaken for a CIA employee, it’s not a defense if you lie in a grand jury under oath about what you said and you told people, ‘I didn’t know he had a wife.’ That is what this case is about. It is about perjury, if he knowingly lied or not.” [Truthout (.org), 3/18/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) say they intend to subpoena news reporters and organizations in defense of their client. Judge Reggie Walton, presiding over the upcoming trial, has yet to rule whether he will allow such subpoenas. Libby’s lawyers say they want to question journalists who have testified that they were the recipients of classified information from 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). Walton has set a deadline of April 7, 2006 for any subpoenaed journalists and news organizations to respond as to their intentions to testify in Libby’s trial. [NewsMax, 2/25/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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

Special counsel Patrick Fitzgerald files a motion with the court in the Lewis Libby perjury trial to deny the Libby team’s request for a wide array of documents (see February 27, 2006). Almost all of the filing is redacted before its release to the public, but it apparently specifies the documents Fitzgerald is opposed to collecting and releasing. [US District Court for the District of Columbia, 3/1/2009 pdf file]

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

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

Judge Reggie Walton orders the CIA to turn over some of the highly classified intelligence briefings to the Lewis Libby defense team that it has requested (see March 2-7, 2006). Walton rejects CIA arguments that disclosure of the Presidential Daily Briefings (PDBs) would be detrimental to national security. He says the agency can either delete highly classified material from the briefings, or provide “topic overviews” of the matters covered in them. “It is unlikely that this court would permit anything other than the general topic areas of these documents to be introduced at trial,” he writes. “The defendant does not need the explicit details of the intelligence documents he desires to obtain. The general topics of the documents would provide the defendant exactly the information he seeks, listings of the pressing matters presented to him during the times relevant to the case.” Walton only grants 46 days’ worth of the PDBs, instead of the nine months’ worth the defense had originally asked for (see December 14, 2005). He also orders the CIA to give Libby an index of the topics covered in follow-up questions that the former White House aide asked intelligence officers who conducted the briefings. [Associated Press, 3/10/2006; US District Court for the District of Columbia, 3/10/2006 pdf file; US District Court for the District of Columbia, 3/10/2006 pdf file; New York Times, 3/11/2006] Criminal defense attorney Jeralyn Merritt writes: “These documents most likely will never be seen by us or the jury. They are to assist Libby with refreshing his memory.” [Jeralyn Merritt, 3/10/2006]

Entity Tags: Central Intelligence Agency, Reggie B. Walton, Jeralyn Merritt, Lewis (“Scooter”) Libby

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she is appalled at President Bush’s 2003 decision to leak portions of the October 2002 National Intelligence Estimate, as Vice President Dick Cheney’s former chief of staff Lewis Libby has testified (see March 24, 2004). Portions of Libby’s testimony are just now becoming public knowledge. “Leaking classified information to the press when you want to get your side out or silence your critics is not appropriate,” Harman says. “If I had leaked the information, I’d be in jail. Why should the president be above the law? I am stunned.” [National Journal, 6/14/2006]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Jane Harman

Timeline Tags: Niger Uranium and Plame Outing

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

Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes a letter to President Bush requesting a “full accounting” of two events that raise the question of whether the White House engaged in what Waxman calls “a systematic abuse of the national security classification process for political purposes.” Waxman is referring to recent press reports that Bush, through Vice President Dick Cheney, authorized former White House official Lewis Libby to leak classified information to reporters “in order to blunt criticism from former ambassador Joe Wilson about your improper use of intelligence in the run-up to war” (see April 5, 2006). He is also referring to recent allegations that Bush and his administration officials failed to alert the public that months before the March 2003 invasion of Iraq, they knew that claims of Iraqi nuclear weapons were likely false. Waxman asks for a full accounting of these matters, and for the declassification of the President’s Summary of the October 2002 National Intelligence Estimate (see October 1, 2002). [House Committee on Oversight and Government Reform, 4/6/2006] It is unclear whether Waxman ever receives a reply to his letter.

Entity Tags: Henry A. Waxman, George W. Bush, House Committee on Oversight and Government Reform, Richard (“Dick”) Cheney, Joseph C. Wilson, Bush administration (43)

Timeline Tags: Civil Liberties, 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

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

Lawyers for NBC News, the New York Times, Time magazine, and Time reporter Matt Cooper file motions to quash the Lewis Libby defense team’s subpoenas (see March 14, 2006). Lawyers for the Times argue that the newspaper “has a substantial First Amendment interest, and common law qualified privilege against compelled production of unpublished information of the kind sought by Libby.” Time magazine notes Libby’s argument that since he believed Valerie Plame Wilson’s CIA identity was well known within the Washington press corps, he needs to show that her employment was discussed by reporters in June and July 2003, when he was meeting with reporters. Time says that the Libby argument should not allow his lawyers to conduct a broad search for potentially helpful evidence. “Although Mr. Libby has claimed a right to know what information the press corps in general possessed concerning Mrs. Wilson’s affiliation with the CIA, under that theory he would be entitled to subpoena all reporters in Washington to learn what they knew, and when they knew it,” Time argues in its motion. “There is no stopping point to this approach.” Other lawyers for the news organizations call the Libby subpoenas “fishing expeditions.” NBC News argues that it has no documents that show that any network employee, including reporters Andrea Mitchell and Tim Russert, knew that Plame Wilson was employed by the CIA before her public exposure (see July 14, 2003). Through his lawyers, Cooper argues that the subpoena from Libby is “materially the same as the subpoena issued to Time Inc.” by special counsel Patrick Fitzgerald, and is “overbroad, unreasonable, and burdensome… and seeks information protected by the reporter’s privilege that exists under the First Amendment.” [US District Court for the District of Columbia, 4/18/2006 pdf file; New York Times, 4/19/2006; Washington Post, 4/19/2006]

Entity Tags: New York Times, Andrea Mitchell, Lewis (“Scooter”) Libby, NBC News, Tim Russert, Valerie Plame Wilson, Patrick J. Fitzgerald, Matthew Cooper, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

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

Judge Thomas Hogan, who jailed former New York Times reporter Judith Miller for refusing to name her source during the Plame Wilson identity leak investigation (see October 7, 2004), defends his decision during a meeting of the Maryland-Delaware-DC Press Association. Hogan, who was appointed to the federal bench by President Reagan, is the chief judge for the Washington, DC, District Court. He tells the collected listeners that Miller had no First Amendment right to protect a source in a criminal matter. While the story began as a political ruckus, Hogan says, it quickly escalated into something more than merely politics. Between the politics of the case, the media involvement, and the legal ramifications, it became “the perfect storm,” he adds. War critic Joseph Wilson became a target of the White House. “Blood was spreading in the water. The sharks were gathering. It’s typical Washington politics, except that this involved the commission of a crime.” Hogan is referring to the public exposure of covert CIA official Valerie Plame Wilson after the White House leaked her identity to the press (see July 14, 2003). Hogan says of Miller: “She was an actor in the commission of a crime. She was part of the transfer of information that was a crime.” [Associated Press, 4/29/2006]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Thomas Hogan, Judith Miller

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 refuses to honor a motion filed by the Lewis Libby defense team regarding ex parte judicial review of classified documents. Libby’s lawyers opposed special counsel Patrick Fitzgerald’s attempt to have Walton review classified government documents without their being present. The procedure Fitzgerald has proposed is the same as mandated by the Classified Information Procedures Act of 1980 (CIPA). Libby’s lawyers wish Fitzgerald to have to apply separately through Walton for each classified document submitted for ex parte review. Walton agrees with Fitzgerald and CIPA. [US law.; Christy Hardin Smith, 5/3/2006]

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

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

News organizations and reporters file a variety of motions to quash the Libby defense team’s subpoenas for their notes and testimonies for the upcoming trial (see March 14, 2006, April 18, 2006, and May 1, 2006). The arguments are similar: Lewis Libby’s subpoenas violate the journalists’ and news organizations’ First Amendment rights to privacy in their reporting, the subpoenas are overly broad and lack relevance—a “fishing expedition,” as Time’s lawyers phrase it—and Libby’s lawyers cannot expect to be granted such “unchecked leeway” in subpoenaing reporters without far more specific goals and objectives than the defense team has previously stated. The lawyers for NBC reporters Andrea Mitchell and Tim Russert write, “Defendant’s case rests entirely on serial speculation—i.e., if Ms. Mitchell knew about Ms. Wilson and her employment prior to July 11, and if Ms. Mitchell shared that information with Mr. Russert before he talked with Defendant, and if Mr. Russert then shared the same information with Defendant, then her testimony would ‘be important to the defense.’” [US District Court for the District of Columbia, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file; THE NEW YORK TIMES' REPLY TO DEFENDANT I. LEWIS LIBBY'S RESPONSE TO MOTION OF THE NEW YORK TIMES TO QUASH LIBBY'S RULE 17(c) SUBPOENA, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file] Former prosecutor and FireDogLake blogger Christy Hardin Smith writes: “Here’s a rule of thumb—you can’t call a witness that you know is not going to be favorable to your case solely to raise questions about that witness to confuse the jury. It’s called bootstrapping, and judges do not like it. Let alone the fact that it is not allowed under the rules.” [Christy Hardin Smith, 5/12/2006] In her response, Judith Miller’s lawyer Joseph Tate objects to Libby’s speculation that he may have learned of Valerie Plame Wilson’s CIA status from Miller, and his request for Miller’s notes to prove or disprove his speculation. In the brief, Tate writes: “Mr. Libby asserts that he ‘has established a ‘sufficient likelihood’ that the documents he seeks are relevant to his defense.‘… In support, he maintains that ‘the documents sought are likely to contain evidence that some, if not all, of his testimony about… conversations [with reporters] was correct and that it is the reporters who have an unreliable recollection or have misstated the facts.‘… He also makes the startlingly baseless claim that it may have been Ms. Miller who mentioned Ms. Plame to him.… These contentions are unavailing. How can it possibly be maintained that Ms. Miller’s notes of discussions with persons other than Mr. Libby, regarding topics unrelated to the instant case, have any bearing on his, hers, or anyone’s recollection of the salient facts regarding her conversations with him?” Author and FireDogLake blogger Jane Hamsher writes that if Miller expected a response such as “‘If Pulitzer Prize winning journalist Judith Miller can’t remember, how can Mr. Libby be expected to remember?’ [w]hat she got instead was an invitation to play scapegoat.” [US District Court for the District of Columbia, 5/8/2006 pdf file; Jane Hamsher, 5/9/2006]

Entity Tags: Andrea Mitchell, Christy Hardin Smith, Jane Hamsher, Joseph Tate, Lewis (“Scooter”) Libby, Valerie Plame Wilson, NBC News, Tim Russert, Time magazine, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

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

In an article printed on the progressive news Web site Truthout, reporter Jason Leopold claims that special counsel Patrick Fitzgerald has indicted White House political strategist Karl Rove in the Valerie Plame Wilson identity leak case. Leopold writes that on Friday, May 12, Fitzgerald served indictment papers on Rove through the law firm of Patton Boggs, which represents Rove. According to Leopold, Fitzgerald has charged Rove “with perjury and lying to investigators related to his role in the CIA leak case, and instructed one of the attorneys to tell Rove that he has 24 business hours to get his affairs in order.” Leopold credits “high level sources with direct knowledge of the meeting” for the story. Leopold’s sources also say that Rove spent most of the day in consultation with his lawyer, Robert Luskin, and that Fitzgerald is likely to include an obstruction of justice charge. Leopold has reported that Rove has already informed White House officials, including President Bush, of his upcoming indictment (see May 12, 2006). [Truthout (.org), 5/13/2006] Rove spokesman Mark Corallo flatly denies the story. He tells conservative columnist Byron York that Fitzgerald did not come to Patton Boggs on May 12, did not meet or communicate with Rove’s lawyers or other representatives, and did not inform Rove’s lawyers or representatives that Rove had been indicted. [National Review, 5/14/2006] Leopold’s story causes a storm of controversy, celebration, and uncertainty among many progressives and critics of the Bush administration, with many questioning why other, more mainstream news sources have not picked up on or verified Leopold’s story (see May 15, 2006). [Daily Kos, 5/14/2006] Leopold’s reporting is incorrect; a month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).

Entity Tags: Patton Boggs LLC, Jason Leopold, Byron York, Bush administration (43), Karl C. Rove, Patrick J. Fitzgerald, Truthout (.org), Robert Luskin, Mark Corallo

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

As a firestorm of controversy and doubt surrounds reports of White House strategist Karl Rove’s imminent indictment for perjury (see May 12, 2006 and May 13, 2006), investigative reporter Jason Leopold defends his reporting; in an interview with syndicated commentator Ian Masters, Leopold says if his story is wrong, he will reveal the identities of his sources. “I will reiterate,” he tells Masters, “these sources that I have had on this story know full well that leading me astray… I would no longer be obliged to keep their identities secret.” Leopold has written that his sources include “a half-dozen White House aides and two senior officials who work at the Republican National Committee.” [Mike Stark, 5/15/2006] Leopold’s reporting was indeed incorrect; a month later, prosecutor Patrick Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006). Leopold will later back away from his stated intention to reveal his sources (see June 12-13, 2006).

Entity Tags: Jason Leopold, Ian Masters, Patrick J. Fitzgerald, Karl C. Rove

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

Truthout.org publisher Marc Ash issues a lengthy statement concerning the recent controversy stirred up by his publication’s claim that Karl Rove would be indicted as a part of the Plame Wilson leak investigation (see May 13, 2006). Two days before, Ash issued a statement saying that while he stands behind the story, he and his publication may have gotten “too far out in front of the news-cycle” (see May 19, 2006). Ash now writes that he and investigative reporter Jason Leopold have three independent sources confirming that Rove’s attorneys “were handed an indictment either late in the night of May 12 or early in the morning of May 13.” The sources are knowledgeable, says Ash. Special counsel Patrick Fitzgerald has refused to comment on the report. Rove’s attorney Robert Luskin and his spokesman Mark Corallo have categorically denied that Rove was indicted (see May 15, 2006), but Ash says, “we have information that directly contradicts Luskin and Corallo’s denials.” Ash says that two news networks stationed crews outside the building that houses the law firm of Patton Boggs, where Luskin works, and that the fourth floor of that building, where Patton Boggs’s offices are, was “locked down all day Friday and into Saturday night,” May 12 and 13. No one has asked Truthout to retract its story. And the White House has refused to comment. Ash notes that much of Truthout’s reporting depends on confidential sources. “We know that a report based solely on information obtained from confidential sources bears some inherent risks,” he writes. “We know that this is—by far—the biggest story we have ever covered, and that we are learning some things as we go along. Finally, we know that we have the support of those who have always supported us, and that must now earn the support of those who have joined us as of late.” Ash then writes of what he, Leopold, and the Truthout editors believe, but cannot prove. They believe Rove, through Luskin and Corallo, is working with Washington Post reporter Howard Kurtz to “spin” the story in a disfavorable light for Truthout and Leopold. He notes that many conservative media outlets have attacked Truthout, Leopold, and the Fitzgerald investigation in general, and writes: “We believe that rolling out that much conservative journalistic muscle to rebut this story is telling. And we believe that Rove’s camp is making a concerted effort to discredit our story and our organization.” Ash concludes by saying he, Leopold, and the Truthout editors believe, but cannot document their belief, that Rove may be cooperating with the Fitzgerald investigation. “We suspect that the scope of Fitzgerald’s investigation may have broadened—clearly to [Vice President Dick] Cheney—and according to one ‘off the record source’ to individuals and events not directly related to the outing of CIA operative Valerie Plame [Wilson]. We believe that the indictment which does exist against Karl Rove is sealed. Finally, we believe that there is currently a great deal of activity in the Plame investigation.” [Truthout (.org), 5/21/2006] A month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).

Entity Tags: Patrick J. Fitzgerald, Jason Leopold, Karl C. Rove, Marc Ash, Mark Corallo, Robert Luskin, Truthout (.org), Patton Boggs LLC

Timeline Tags: Niger Uranium and Plame Outing

Court papers affirm that two CIA officials will testify that accused perjurer Lewis Libby (see October 28, 2005) lied about how he learned the identity of former covert CIA official Valerie Plame Wilson. Former senior CIA official Robert Grenier (see 2:00 p.m. June 11, 2003) and CIA briefer Craig Schmall (see 7:00 a.m. June 14, 2003) will testify for the prosecution, and say they informed Libby of Plame Wilson’s CIA status a month before Libby claims he learned of her CIA identity from a reporter (see July 10 or 11, 2003). [New York Daily News, 5/23/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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

Judge Reggie Walton orders the Lewis Libby defense team’s subpoena for former New York Times reporter Judith Miller’s notes and documents to be quashed (see May 16, 2006 and After), a ruling that the Washington Post terms “the latest in a string of court defeats for media efforts to shield news-gathering activities from the legal process.” “The First Amendment does not protect news reporters or news organizations from producing documents when the news reporters are themselves critical to both the indictment and prosecution of criminal activity,” Walton writes. But, he continues, “all other motions [referring to other journalists’ and news organizations’ attempts to quash similar subpoenas] are granted in part and denied in part.” Miller’s notes and records not already in evidence “are simply not relevant” to the case at hand, Walton rules, and chides the Libby defense lawyers for trying to seek unspecified evidence—in essence, demanding materials be turned over in the hopes of finding something useful. “This is not the proper role [such] subpoenas are intended to play in the criminal arena,” Walton writes. “Rather they may be used solely to secure specifically identified evidence for trial that is relevant and admissible.” He agrees with the quash motions that many of the defense’s subpoenas are “fishing expeditions.” Walton withholds final judgment on the relevance of some of the New York Times’s records, though he writes that he doubts the materials will ever prove relevant. He does not approve the subpoenas for records from NBC News and its reporter Andrea Mitchell. Walton does, however, order Time magazine to turn over some documents pertaining to an article written by its reporter Matthew Cooper (see July 13, 2005), saying that “a slight alteration” between information in the drafts could be relevant in Libby’s stated intention to paint Cooper as dishonest. [Bloomberg, 5/26/2006; Washington Post, 5/26/2006; US District Court for the District of Columbia, 5/26/2009 pdf file; US District Court for the District of Columbia, 5/26/2009 pdf file]

Entity Tags: New York Times, Judith Miller, Andrea Mitchell, Lewis (“Scooter”) Libby, NBC News, Time magazine, Washington Post, Matthew Cooper, Reggie B. Walton

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

Investigative journalist Jason Leopold, who in May reported for the progressive news Web site Truthout (.org) that White House political strategist Karl Rove was indicted for perjury in the Valerie Plame Wilson identity leak investigation (see May 13, 2006), defends his story, saying that the indictment remains under seal in the US District Court for the District of Columbia “under the curious heading of Sealed vs. Sealed.” Leopold says that the grand jury handed down the indictment “the week of May 10th,” and adds: “The case number is ‘06 cr 128.’ On the federal court’s electronic database, ‘06 cr 128’ is listed along with a succinct summary: ‘No further information is available.’” Leopold says that neither he nor any other journalist has seen the indictment “06 cr 128,” but adds, “[T]he fact that this indictment was returned by the grand jury hearing evidence in the CIA leak case on a day that special prosecutor Patrick Fitzgerald met with the grand jury raised a number of questions about the identity of the defendant named in the indictment, whether it relates to the leak case, and why it has been under seal for a month under the heading Sealed vs. Sealed.” Leopold notes that “the grand jury in the CIA leak case also meets to hear evidence on other federal criminal cases, including at least one other high-profile case—crimes related to the Jack Abramoff lobbying scandal.” He quotes unnamed “legal experts” as saying it is not unusual to keep such an indictment as Rove’s “under seal for weeks or months… if an investigation, such as the CIA leak probe, is ongoing.” [Truthout (.org), 6/12/2006; Raw Story, 6/13/2006] Both Leopold and Truthout publisher Marc Ash continue to stand by the story; although Leopold told an interviewer in May that if his story was wrong, he would reveal his high-level sources (see May 15, 2006), he now refuses, telling progressive radio host Ed Schultz: “I’m standing by that what we were told was accurate. Certainly if some bad information was given, we’ll decide what the appropriate thing to do [is].… But if something did happen four weeks ago, [and] something happened in the past four weeks in Karl Rove’s favor… how does that make me wrong?” Leopold acknowledges that Rove’s lawyer, Robert Luskin, has repeatedly claimed that Rove will not be indicted, but says that his sources still insist Rove has indeed been indicted. [Truthout (.org), 6/12/2006] Ash posts on his Web site’s forum that he and Leopold are sure the “06 cr 128” indictment was returned by the Fitzgerald grand jury, and filed around May 10, just days before Leopold reported that Rove had been indicted. He and Leopold believe, without being able to verify their beliefs, that the indictment is “directly related” to the Plame Wilson leak investigation. “That’s based on a single credible source and the information discussed above.” Ash also states that he and Leopold believe Rove is cooperating with Fitzgerald’s investigation: “That is based, again, on a single credible source, and background information provided by experts in federal criminal law.” [Steve Gilbert, 6/12/2006] The same day that Leopold gives an interview to Schultz, special counsel Patrick Fitzgerald informs Rove that he does not plan on charging him with any crimes (see June 13, 2006).

Entity Tags: Marc Ash, Jason Leopold, Patrick J. Fitzgerald, Bush administration (43), Robert Luskin, Karl C. Rove, Edward Andrew (“Ed”) Schultz, Truthout (.org)

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), informs White House deputy chief of staff Karl Rove that he does not plan to file charges against him in conjunction with the leak. [Associated Press, 6/13/2006; Washington Post, 7/3/2007]
'No Deal' - Rove’s lawyer Robert Luskin says that he negotiated no deals with Fitzgerald to spare his client from prosecution: “There has never, ever been any discussion of a deal in any way, shape, or form.” [Jeralyn Merritt, 6/13/2006]
'A Chapter that Has Ended' - The decision follows months of wrangling between Fitzgerald’s team and Luskin. Neither Fitzgerald nor Luskin give any details about the issues and actions behind the decision, but Luskin says, “We believe that the special counsel’s decision should put an end to the baseless speculation about Mr. Rove’s conduct.” Rove spokesman Mark Corallo says that Rove made no deals with Fitzgerald to cooperate with the investigation, and that the decision is based solely on Fitzgerald’s findings. President Bush says of the news: “It’s a chapter that has ended. Fitzgerald is a very thorough person. I think he’s conducted his investigation in a dignified way. And he’s ended his investigation.… There’s still a trial to be had. And those of us involved in the White House are going to be very mindful of not commenting on this issue.” Christopher Wolf, a lawyer for Plame Wilson and her husband, Joseph Wilson, says that the couple is considering filing a civil suit against Rove. “The day still may come when Mr. Rove and others are called to account in a court of law for their attacks on the Wilsons,” Wolf says. [New York Times, 6/13/2006; Associated Press, 6/13/2006]
Rove 'Elated' - Corallo describes Rove as “elated” over the news. Legal analyst Andrew Cohen says: “Prosecutors have ethical obligations not to indict someone when they don’t think they can win at trial and I suspect that may be what happened here. For whatever reason Fitzgerald the prosecutor didn’t believe he could take a case against Rove to a jury and win it.” [CBS News, 6/13/2006]
A Variety of Responses - Democratic National Committee (DNC) chairman Howard Dean says of Rove: “He doesn’t belong in the White House. If the president valued America more than he valued his connection to Karl Rove, Karl Rove would have been fired a long time ago. So I think this is probably good news for the White House, but it’s not very good news for America.” [Associated Press, 6/13/2006] “The notion of the leak and the overall White House involvement, that ain’t over,” says Representative Rahm Emanuel (D-IL). “Obviously, we know that ‘Scooter’ Libby is not Karl Rove. But you have the vice president of the United States involved, or at least his office was involved.” Representative Henry Waxman (D-CA) says that Fitzgerald’s decision not to prosecute Rove should trigger a Congressional investigation into whether Rove mishandled classified information when he discussed Plame Wilson with reporters. Though Fitzgerald conducted a “narrow” criminal invesigation, Waxman says, Congress should examine the broader issue of whether Rove deserved to keep his high-level security clearance (see July 13, 2005). [Los Angeles Times, 6/14/2006] The Republican National Committee (RNC) circulates quotes from Democratic lawmakers attacking Rove under the headline of “Wrong Again: Prejudging Karl Rove Is Latest Example of Democrats’ Overheated Rhetoric and False Statements.” “What you had in this case was an unbelievable example of misjudgment for political purposes by leading Democrats,” says RNC chairman Ken Mehlman. He adds that the entire Rove imbroglio is just an example of how Democrats “rush to judgment.” Democratic leaders “owe [Rove] an apology,” Mehlman says. [Washington Post, 6/13/2006; Los Angeles Times, 6/14/2006] Plame Wilson and her husband, former ambassador Joseph Wilson, are deeply disappointed at the decision. In 2007, Plame Wilson will write: “It was hard to process that someone who had appeared before a grand jury five times (see April 26, 2006), and had admitted that he had spoken to Robert Novak and Matt Cooper in the week before my name was published (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), would face no consequences for his actions.… While our faith in Fitzgerald’s skills and integrity remained unshaken, we couldn’t help but wonder, along with everyone else, what the special prosecutor had received or heard from Rove to prompt his decision.” [Wilson, 2007, pp. 250] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, writes that she believes Rove has “cooperated with Fitzgerald by testifying to the grand jury five times and providing whatever information he had without a safety net. Without a 5k. Without assurances he would not be indicted. That’s a hell of a risk, but Luskin pulled it off. My hat’s off to Luskin.… I’m ready to put this to bed. Karl Rove walked. He’s one of the rare subjects of an investigation who was able to talk his way out of an indictment.” [Jeralyn Merritt, 6/13/2006] Former prosecutor and blogger Christy Hardin Smith, writing for the progressive blog FireDogLake, writes: “If Luskin is coming out and saying publicly that they got a letter from Pat Fitzgerald which says that Rove will not be charged, there are two things that I want to see and know: (1) what does the letter actually say, word for word; and (2) does it say something along the lines of ‘Please thank Karl for his cooperation in this matter.’” Smith adds: “Patrick Fitzgerald and his team are career professionals. You do not charge someone with a criminal indictment merely because they are scum. You have to have the evidence to back up any charges—not just that may indicate that something may have happened, but you must have evidence that criminal conduct occurred and that you can prove it. You charge the evidence you have, you try the case you can make, and you don’t go down a road that will ultimately be a waste of the public’s money and time once you have ascertained that the case is simply not there. It doesn’t mean that you don’t think the SOB that you can’t charge isn’t a weasel or guilty as hell, it just means that you can’t prove it. (And, fwiw [for what it’s worth], those times are the worst of your career, because you truly hate to let someone go when you know in your gut they’ve done something wrong.)” [Christy Hardin Smith, 6/13/2006]

Entity Tags: Henry A. Waxman, Valerie Plame Wilson, Republican National Committee, Andrew Cohen, Christopher Wolf, George W. Bush, Christy Hardin Smith, Rahm Emanuel, Robert Luskin, Mark Corallo, Howard Dean, Patrick J. Fitzgerald, Joseph C. Wilson, Jeralyn Merritt, Ken Mehlman, Karl C. Rove, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Larry Wilkerson, the former chief of staff to ex-Secretary of State Colin Powell, recalls helping Powell prepare for his February 2003 presentation to the United Nations that made the administration’s case for war with Iraq (see January 29, 2003 and January 30-February 4, 2003). The presentation was later proven to be filled with half-truths, fabrications, and outright lies, many of them provided by the Office of the Vice President, Wilkerson says. Powell made the decision to toss aside the three dossiers given to him and Wilkerson by Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, and instead go with the National Intelligence Estimate on Iraq, recently prepared by the CIA (NIE—see October 1, 2002). Wilkerson now believes that Libby’s dossiers were set-ups, red herrings designed to steer Powell to the NIE, which was better sourced but almost as badly flawed and misleading. [Dubose and Bernstein, 2006, pp. 182]

Entity Tags: Lawrence Wilkerson, Colin Powell, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Office of the Vice President

Timeline Tags: Events Leading to Iraq Invasion

Freelance journalist Joe Lauria writes of his involvement in the false reports that White House political strategist Karl Rove had been indicted in the Valerie Plame Wilson identity leak investigation (see May 13, 2006). Lauria says that the real story centers around investigative reporter Jason Leopold, whom he describes as “a troubled young reporter with a history of drug addiction whose aggressive disregard for the rules ended up embroiling me in a bizarre escapade—and raised serious questions about journalistic ethics.” Lauria says he met Leopold once, three days before the first Rove story ran (see May 12, 2006), to discuss Leopold’s upcoming memoir News Junkie, which details Leopold’s history of childhood abuse, drug addiction, a felony conviction, and what Lauria calls “deception in the practice of journalism.” Lauria writes that he felt for the “vulnerable” Leopold, told Leopold that he freelanced for the Sunday Times of London, and gave the reporter his cell phone number. Lauria even sent Leopold a congratulatory e-mail on the Rove “scoop.” On a progressive blog called TalkLeft, Lauria found that Rove spokesman Mark Corallo had spoken to someone identifying himself as “Joel” someone from the “Londay [sic] Sunday Times,” and was given a cell phone number nearly identical to Lauria’s. Lauria confirmed the story by speaking with Corallo, who told him he thinks he has never spoken to Leopold, and the person he spoke to said that he had confirmation from a spokesman for special counsel Patrick Fitzgerald that the indictment was real. Lauria called Leopold, who “gave [him] a profanity-filled earful” and said that Corallo had called him to denounce the story. Lauria accused Leopold of pretending to be him in the phone call Corallo cited in the blog, and, according to Lauria, Leopold retorted, “Joe, I would never, ever have done something like that.” Lauria then writes: “Except that he has done things like that. His memoir is full of examples.” Lauria writes that he, like Corallo, believes Leopold simply made up the entire story, most likely to generate attention for himself. He writes: “These days it is about the reporter, not the story; the actor, not the play; the athlete, not the game. Leopold is a product of a narcissistic culture that has not stopped at journalism’s door, a culture facilitated and expanded by the Internet.” [Washington Post, 6/18/2006] The next day, CBS News reporter Brian Montopoli characterizes Lauria’s story as “somewhat vindictive,” and adds that while Leopold’s ethics and conduct in the matter are questionable at best, Lauria’s attempt at character assassination does him little credit. Montopoli also hints that Leopold may have been misinformed by his sources, saying, “[A]s Leopold has learned all too well, if you are willing to lie to your sources, they have every reason to lie to you.” [CBS News, 6/19/2006]

Entity Tags: Mark Corallo, Brian Montopoli, Jason Leopold, Patrick J. Fitzgerald, Joe Lauria, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

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

Asked about the Libby trial by CNN anchor John King, Vice President Dick Cheney refuses to comment. “John, I’m not going to comment on the case,” Cheney says. “I may be called as a witness. Scooter Libby, obviously, one of the finest men I’ve ever known. He’s entitled to the presumption of innocence. And I have not made any comments on the case up ‘til now, and I won’t.” [CNN, 6/22/2006]

Entity Tags: Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, John King

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

Former CIA analyst Melvin Goodman tells authors Lou Dubose and Jake Bernstein that the damage done to the agency by the Bush administration is long-lasting and may well be permanent. “The CIA is a brittle bureaucracy, fragile as any other,” he says. “It’s now broken.” Part of the reason for the damage is the pressure brought to bear on the agency by senior White House officials (see 2002-Early 2003, Fall 2002, and Fall 2002). A former deputy director of the CIA tells the authors: “In the history of the agency, I’ve never heard of a vice president making specific demands of analysts. It’s never occurred. It’s without precedent.” It will change the way the CIA functions, he says. “The mere fact that [Vice President Cheney and his then-chief of staff Lewis Libby] were out there will generate in the bureaucracy—and the CIA is a bureaucracy—a sort of thinking that says, ‘Gee, can we make them happy, can we continue to satisfy them?’ That’s not the sort of thinking you want in an intelligence agency.” [Dubose and Bernstein, 2006, pp. 222]

Entity Tags: Melvin A. Goodman, Bush administration (43), Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Central Intelligence Agency

Timeline Tags: Civil Liberties

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

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