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Context of 'January 5, 2007: Bush Shakes Up Iraq Advisory Team'

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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

Many of the retired military officers who appear on television news shows as “independent media analysts” are willing participants in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). However, not all are as compliant as the Pentagon would like, and as a result, they are denied the kinds of access that other, more “reliable” analysts receive. One analyst, Greg Kittfield, writes a cover story for the National Journal that features criticism by several retired generals of Defense Secretary Donald Rumsfeld. In return, Pentagon official Bryan Whitman e-mails his colleagues, saying, “Given this cover story by Kittfield, I don’t think we need to find any time for Kittfield on the Secretary’s calender.” [Salon, 5/9/2008]

Entity Tags: US Department of Defense, Bryan Whitman, Greg Kittfield, Donald Rumsfeld

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

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

E-mail from Jeffrey McCauseland.E-mail from Jeffrey McCauseland. [Source: US Department of Defense] (click image to enlarge)The Pentagon holds a private briefing for a select group of military analysts (see January 14, 2005) on the topic of the Haditha shootings and investigations, involving several US Marines shooting two dozen unarmed Iraqi civilians. After the briefing, one analyst, retired General Jeffrey McCauseland, appears on CNN to discuss the shootings. He e-mails a Pentagon official (whose name is redacted from the e-mail) after his appearance and says: “Just wanted to thank you again because the material you sent me very early this morning was very useful in trying to explain what is going on and trying to put the best possible face on it. You are a pro…” [Salon, 5/12/2008]

Entity Tags: US Department of Defense, CNN, Jeffrey McCauseland

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

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

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

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

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

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

Timeline Tags: US International Relations

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Valerie Plame Wilson, the former CIA agent whose undercover status was blown by a White House leak of her identity (see July 14, 2003), sues Vice President Dick Cheney, White House aide Karl Rove, and former White House aide Lewis “Scooter” Libby. Plame Wilson accuses them and other White House officials of conspiring to destroy her career as a CIA operative as well as conspiring to besmirch the reputation and integrity of her husband, former ambassador Joseph Wilson, who is also part of the lawsuit. The suit does not specify monetary damages to be assessed. [Associated Press, 7/13/2006; New York Times, 7/14/2006; Washington Post, 7/3/2007] The Wilsons will later add former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) to the suit. [Associated Press, 5/17/2007]
Alleges Constitutional, Civil Rights Violations - The lawsuit claims that Cheney, Rove, Libby, and 10 yet-to-be-named government officials—named “John Does 1-10” in the lawsuit—violated the Wilsons’ First Amendment rights to free speech, their Fifth Amendment rights to equal protection under the law, and their right to privacy and property. The suit alleges that the defendants conspired to deprive the Wilsons of their civil rights, as well as charging the defendants with neglecting to prevent civil rights violations, public disclosure of private facts, and civil conspiracy. (The “John Doe” defendants will be included when the Wilsons learn who else was involved.) The Wilsons file their lawsuit one day before the statute of limitations would have expired on any such lawsuit. In 2007, Plame Wilson will write that her husband had talked of such a lawsuit since her outing in 2003, but she had consistently avoided the idea. “I got angry, defensive, and emotional,” she will recall. “I didn’t want to talk about it; the leak was still too raw for me and I wasn’t ready yet to think rationally through what such an action would mean.” But when Plame Wilson began to come to terms with the ramifications of the leak to her personal and professional life, she “began to tally up the costs of the campaign to smear Joe and to out me carelessly: the near destruction of Joe’s reputation and his consulting business, the end of my career, the wholesale invasion of our privacy, threats to our physical security, the chronic level of stress that had adversely affected our health in myriad ways, and two small children wondering why their parents were fighting again. A lawsuit couldn’t completely remedy the situation, but to me, it began to look more appealing.” [US District Court for the District of Columbia, 7/13/2006 pdf file; New York Times, 7/14/2006; Wilson, 2007, pp. 252-254]
Trying to Accomplish Three Things in Lawsuit - In discussing the idea, the Wilsons decided that the lawsuit could possibly accomplish three things:
bullet Finding the truth behind what Plame Wilson calls “the erroneous 16 words about the uranium from Niger” and how they made it into President Bush’s 2003 State of the Union speech (see Mid-January 2003 and 9:01 pm January 28, 2003);
bullet Holding “government officials accountable for actions that might be illegal or unconstitutional”; and
bullet Serving “as a deterrent to future public servants who might think they are above the law.” [US District Court for the District of Columbia, 7/13/2006 pdf file; Wilson, 2007, pp. 252-254]
Rove: Allegations 'without Merit' - Rove spokesman Mark Corallo says, “Without even having had a chance to review the complaint, it is clear that the allegations are absolutely and utterly without merit.” [Associated Press, 7/13/2006] Rove’s lawyer Robert Luskin gives a similar statement to the press: “The allegations are without merit. We may comment further when we have an opportunity to review the complaint.” [New York Times, 7/14/2006]
'Exposing Administration Wrongdoing' - With the continuing attempts from the White House and conservative elements in the media to downplay and/or rewrite the history of the leak (see July 13, 2006), Plame Wilson will write, “Our civil suit seemed to be the only means by which we could expose the administration’s wrongdoing.” [Wilson, 2007, pp. 252-254]
Problems with Lawsuit - The lawsuit will face difficulties in bringing the law to bear against Cheney and Rove. The basis for suing federal officials is a 1982 Supreme Court case that says federal officials may be sued for violating someone’s constitutional rights if a reasonable person would believe they had violated “clearly established law.” The Libby investigation has not yet produced solid evidence that there was a deliberate, illegal effort to leak Plame Wilson’s identity. [New York Times, 7/14/2006]

Entity Tags: Bush administration (43), Joseph C. Wilson, Karl C. Rove, Mark Corallo, George W. Bush, Robert Luskin, Richard (“Dick”) Cheney, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

The day after Joseph Wilson and his wife, outed CIA agent Valerie Plame Wilson, file a lawsuit against White House officials over the conspiracy to smear Wilson’s character and expose Plame Wilson as a covert intelligence agent (see July 13, 2006), Plame Wilson speaks about the affair to reporters for the first time. She will later describe herself as suffering from a “dry mouth and shaking knees” as she speaks. She tells reporters in part: “I am proud to have served my country by working at the Central Intelligence Agency. I and my former CIA colleagues trusted our government to protect us as we did our jobs. That a few reckless individuals within the current administration betrayed that trust has been a grave disappointment to every patriotic American; Joe and I have filed this action with a heavy heart but with renewed purpose. I feel strongly that those who acted so recklessly, and who acted in such a harmful way, need to answer for their shameful conduct and to explain their actions in a court of law.” Wilson also releases a statement to the press, which says in part: “[T]his remains a nation of laws. No administration official however powerful is above the law and I have confidence in the American system of justice. This suit is about the pursuit of justice.” [Buzzflash (.com), 7/14/2006; Wilson, 2007, pp. 254-255]

Entity Tags: Central Intelligence Agency, Bush administration (43), Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Shortly after Joseph Wilson and his wife, outed CIA agent Valerie Plame Wilson, file a lawsuit against White House officials over the conspiracy to smear Wilson’s character and expose Plame Wilson as a covert intelligence agent (see July 13, 2006), the Wilsons are joined in the lawsuit by a nonpartisan watchdog organization, Citizens for Responsibility and Ethics in Washington (CREW). The organization agrees to represent the Wilsons on a pro bono basis. [Wilson, 2007, pp. 255-256]

Entity Tags: Valerie Plame Wilson, Citizens for Responsibility and Ethics in Washington, Bush administration (43), Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Conservative columnist Byron York asserts that former CIA official Valerie Plame Wilson and her husband, former ambassador Joseph Wilson, have filed a lawsuit against Vice President Dick Cheney, White House aide Karl Rove, and former White House aide Lewis “Scooter” Libby for monetary gain (see July 13, 2006). Without substantiating his accusations, York writes that Plame Wilson is using the lawsuit to heighten interest in her forthcoming book on her CIA career (see October 22, 2007), while Wilson is using the lawsuit to spur interest in his (presumably paid) speaking engagements. Both want to, in York’s words, “keep interest in the flagging CIA leak case alive.” [The Hill, 7/20/2006]

Entity Tags: Joseph C. Wilson, Byron York, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Former foreign policy adviser Brent Scowcroft, who left the Bush administration after a dispute with neoconservatives (see October 2004), writes an op-ed entitled “Beyond Lebanon,” in which he exhorts the administration to help resolve the crisis in Lebanon. Israel is currently locked in a bloody, debilitating struggle with Hezbollah. Scowcroft writes that a peaceful resolution of that conflict will not only help bring about a peaceful end to the Israeli-Palestinian conflict, but could help stabilize Iraq as well. He writes: “The current crisis in Lebanon provides a historic opportunity to achieve what has seemed impossible. That said, it is too much to expect those most directly implicated—Israeli and Palestinian leaders—to lead the way. That responsibility falls to others, principally the United States, which alone can mobilize the international community and Israel and the Arab states for the task that has defeated so many previous efforts.… This latest in a seemingly endless series of conflagrations in the region just may present a unique opportunity to change the situation in the Middle East for the better for all time. Let us not shrink from the task.” Scowcroft’s arguments are ignored by the White House. [Washington Post, 7/30/2006; Unger, 2007, pp. 341]

Entity Tags: Bush administration (43), Brent Scowcroft

Timeline Tags: US International Relations

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

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

Timeline Tags: Niger Uranium and Plame Outing

General John Abizaid testifies before the Senate Armed Forces Committee.General John Abizaid testifies before the Senate Armed Forces Committee. [Source: Washington Note]General John Abizaid, the commander of US forces in the Middle East, tells the Senate Armed Services Committee that sectarian violence in Iraq, especially in and around Baghdad, has grown so severe that the nation may be on the brink of civil war. “A couple of days ago, I returned from the Middle East,” he says. “I’ve rarely seen it so unsettled or so volatile. There’s an obvious struggle in the region between moderates and extremists that touches every aspect of life.” He continues, “I believe that the sectarian violence is probably as bad as I’ve seen it, in Baghdad in particular, and that if not stopped, it is possible that Iraq could move towards civil war.” The New York Times reports that “the tone of the testimony at the Armed Services Committee’s three-and-a-half-hour hearing was strikingly grimmer than the Pentagon’s previous assessments, which have sought to accentuate the positive even as officials acknowledged that Iraq’s government was struggling to assert authority and assure security amid a tide of violence.” [New York Times, 8/4/2006; Washington Post, 8/4/2006]
Harsh Criticism of Rumsfeld - Abizaid is joined by Defense Secretary Donald Rumsfeld and General Peter Pace, the chairman of the Joint Chiefs of Staff. Rumsfeld had initially refused to attend the hearing, but agreed to attend after Senate Democrats criticized his refusal. Neither Rumsfeld nor Pace contradict Abizaid’s assessments, though Rumsfeld emphasizes that the war must not be lost. Pace notes that while civil war is possible, he does not believe it is “probable,” and Abizaid says he is “optimistic that that slide [into civil war] can be prevented.” Some of the harshest criticism of Rumsfeld comes from committee member Hillary Clinton (D-NY), who tells him that he failed to send enough troops to Iraq in the 2003 invasion “to establish law and order,” he erred by disbanding the Iraqi army, he failed to plan adequately for the occupation phase, and he “underestimated the nature and strength of the insurgency, the sectarian violence, and the spread of Iranian influence.” Now, she says, “we hear a lot of happy talk and rosy scenarios, but because of the administration’s strategic blunders and, frankly, the record of incompetence in executing, you are presiding over a failed policy. Given your track record, Secretary Rumsfeld, why should we believe your assurances now?” Rumsfeld responds, “My goodness,” and then says: “First of all, it’s true, there is sectarian conflict in Iraq, and there is a loss of life. And it’s an unfortunate and tragic thing that that’s taking place. And it is true that there are people who are attempting to prevent that government from being successful. And they are the people who are blowing up buildings and killing innocent men, women and children, and taking off the heads of people on television. And the idea of their prevailing is unacceptable.” Clinton will call for Rumsfeld’s resignation later in the day (see August 3, 2006). [New York Times, 8/4/2006; Washington Post, 8/4/2006]
'Whack-a-Mole' - Because of the continued instability in Iraq, Abizaid says, there is little possibility that US troops will be able to return home in any significant numbers before at least the end of the year. Instead, he says, more US troops will be deployed in and around Baghdad to contain the worsening violence in the capital, and warns that the US will undoubtedly suffer serious casualties in that operation. Acknowledging the necessity for US soldiers to stay in Iraq for the immediate future, Senator John McCain (R-AZ) finds the military’s practice of moving those soldiers from one violence-ridden part of Iraq to another little more than playing a game of “whack-a-mole.” McCain says, “What I worry about is we’re playing a game of whack-a-mole here,” with insurgent activity popping up in places that troops have vacated. “Now we’re going to have to move troops into Baghdad from someplace else. It’s very disturbing.” McCain will wholeheartedly endorse the idea of a “surge” of more American troops into Iraq (see January 2007 and January 10, 2007). [New York Times, 8/4/2006; Washington Post, 8/4/2006]

Entity Tags: Peter Pace, Joint Chiefs of Staff, John P. Abizaid, John McCain, Hillary Clinton, Donald Rumsfeld, Senate Armed Services Committee, New York Times, US Department of Defense

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

Citizens for Responsibility and Ethics in Washington logo.Citizens for Responsibility and Ethics in Washington logo. [Source: Citizens for Responsibility and Ethics in Washington]Joseph and Valerie Plame Wilson name new counsel for their lawsuit against Vice President Dick Cheney, White House political strategist Karl Rove, and former White House official Lewis Libby (see July 13, 2006). The Wilsons have engaged the non-profit, public interest organization Citizens for Responsibility and Ethics in Washington (CREW) as successor counsel. They have also engaged Washington attorneys Joseph Cotchett and Frank Pitre to represent them at trial. Duke University law professor Erwin Chemerinsky remains as co-counsel. [Citizens for Responsibility and Ethics in Washington, 8/15/2006] Cheney also retains counsel for the lawsuit. He hires Emmet T. Flood, a Washington lawyer who helped defend former President Bill Clinton during Clinton’s impeachment trial. Though Flood defended Clinton, a Democrat, he has donated money only to Republican political candidates. [TPM Muckraker, 8/15/2006]

Entity Tags: Joseph Cotchett, Emmet Flood, Citizens for Responsibility and Ethics in Washington, Erwin Chemerinsky, Joseph C. Wilson, Richard (“Dick”) Cheney, Valerie Plame Wilson, Frank Pitre

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues a court order that withholds certain “extremely sensitive” classified documents from the Lewis Libby defense team. Walton writes that he “carefully reviewed” the requests from special counsel Patrick Fitzgerald and from the CIA to withhold the documents. The documents were provided to him ex parte and in camera, and Walton determined that they were irrelevant to the Libby defense efforts. Walton writes that the documents are “extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States.” Walton has previously allowed other classified documents to be provided to Libby, and the CIA has provided documents requested by Libby that Walton has released to the defense (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006. February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, and June 2, 2006). Many of the documents provided to Libby are redacted versions or summaries of the classified documents he viewed during his morning intelligence briefings. [MSNBC, 8/18/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes of Walton’s decision: “That there is material so sensitive in this case that Libby is not entitled to it at all… speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush administration. Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ *sses for lying the nation into war? Now THAT is unpatriotic.” [Christy Hardin Smith, 8/19/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

The press reveals that then-Deputy Secretary of State Richard Armitage met with Washington Post author Bob Woodward in June 2003 at the same time Woodward has admitted to learning from a confidential administration source that Valerie Plame Wilson was a CIA agent (see June 13, 2003). The information comes from Armitage’s 2003 appointment calendars, made available to the Associated Press through a Freedom of Information Act request. The revelation makes it likely that Armitage was the first Bush administration official to reveal that Plame Wilson was a CIA agent. Woodward admitted almost a year ago that a “current or former” administration official divulged Plame Wilson’s CIA identity to him (see November 14, 2005). Neither Woodward nor Armitage will comment on the allegations. At the same time, Newsweek reporter Michael Isikoff publishes the story in his magazine. [Associated Press, 8/22/2006; New York Times, 8/23/2006; Newsweek, 9/4/2006] Lewis Libby’s defense lawyer, William Jeffress, says of the report: “I would hope that the facts on that would come out. We have asked for information as to Woodward’s source in discovery, but that has been denied.” Melanie Sloan, a lawyer representing Valerie Plame Wilson and her husband Joseph Wilson in their lawsuit against Libby, Vice President Dick Cheney, and White House official Karl Rove (see July 13, 2006), says “it sure sounds like” Armitage was the first to reveal Plame Wilson’s CIA status to a member of the press. However, Sloan adds, if Armitage revealed Plame Wilson’s identity to columnist Robert Novak (see July 8, 2003), who outed Plame Wilson (see July 14, 2003), then far from indicating Libby’s or Rove’s innocence in exposing Plame Wilson’s identity, it merely widens the conspiracy. “Then I think maybe Armitage was in on it,” Sloan says. “The question is just what was Armitage’s role?” [Associated Press, 8/22/2006] The Washington Post soon receives confirmation of Armitage’s role in the leak from a former State Department colleague. [Washington Post, 8/29/2006] Many members of the press learn about Armitage from an upcoming book, Hubris, by Michael Isikoff and David Corn. According to the book, Woodward dismissed Armitage’s outing of Plame Wilson as “gossip.” Armitage also revealed Plame Wilson’s name to columnist Robert Novak (see July 8, 2003). [Wilson, 2007, pp. 256] Partly as publicity for the book, Isikoff prints two “teaser” articles in Newsweek revealing Armitage as the source. One article is dated September 4, but appears on the Internet in late August. The articles also reveal that Armitage leaked Plame Wilson’s identity to both Woodward and Novak. [Newsweek, 8/27/2006; Newsweek, 9/4/2006]

Entity Tags: Bob Woodward, Bush administration (43), David Corn, Associated Press, Michael Isikoff, Lewis (“Scooter”) Libby, William Jeffress, Melanie Sloan, Richard Armitage, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

In his book The Greatest Story Ever Sold, author and New York Times media critic Frank Rich writes that President Bush never entered Iraq with any idea of “nation-building.” Bush “never talked about building a democracy in Iraq” during the planning and marketing of the invasion, Rich writes. “The reason he didn’t talk about it was not that he was consciously trying to keep a hidden, hard-to-sell motive secret. The record shows that, for once, Bush’s private convictions actually did match his public stance. Neither he nor the administration had any intention of doing any nation-building. The war plan was an easy exercise in regime change, a swift surgical procedure, after which the Iraqis would be left to build their own democracy by spontaneous civic combustion, like Eastern Europeans after the fall of the Soviet Union. The Americans would hang around in small numbers, perhaps, to protect the oil ministry—the only institution they did protect after routing Saddam. Every single administration action of the time confirms that nation-building was not in the cards. That’s why General Jay Garner was picked as the top American official after the fall of Baghdad (see January 2003): The White House wanted a short-term military emissary rather than a full-dress occupation administrator because the job description required only that he manage a quick turnaround of power to the Iraqis and an immediate exit for American troops. That’s why [Defense Secretary Donald] Rumsfeld and the war cabinet bought a Tommy Franks plan to draw down those troops from 130,000 to 30,000 by the fall of 2003. It’s also why the only serious prewar plan for rebuilding Iraq, the State Department’s ‘Future of Iraq’ project, was shelved by the White House (see April 2002-March 2003). General Anthony Zinni’s ‘Desert Crossing’ plan for Iraq occupation, which he bequeathed to Franks, his successor, was also shunted aside (see April-July 1999). Any such bothersome little details were entrusted instead to the Defense Department’s Douglas Feith, whose only (non) qualification was that he had been a loyal provider of cherry-picked Iraq intelligence to [Vice President Dick] Cheney and [Cheney’s then-chief of staff Lewis ‘Scooter’] Libby before the war.… Had nation-building been in the White House’s plan, surely someone would have bothered to investigate what nation was being rebuilt.” Even after Garner’s replacement by Coalition Provisional Authority chief Paul Bremer (see May 11, 2003), nation-building wasn’t on the agenda. The two heads of “private-sector development” in Iraq were, in Rich’s words, “a former Bush campaign finance chair in Connecticut and a venture capitalist who just happened to be [then-press secretary] Ari Fleischer’s brother.” The CPA was staffed by “twentysomethings with no foreign service experience or knowledge of Arabic simply because they had posted their resumes at the Heritage Foundation (see June 25, 2004).… The ‘nation-building’ that America finally did undertake was an improvised initiative, heavier on PR than on achievement, to justify the mission retroactively. Only then did the war’s diehard defenders disingenuously grandfather it in as a noble calling contemplated by the Bush White House from the start.” [Rich, 2006, pp. 213-214]

Entity Tags: Heritage Foundation, Donald Rumsfeld, Ari Fleischer, Anthony Zinni, Douglas Feith, George W. Bush, L. Paul Bremer, Thomas Franks, Jay Garner, Frank Rich, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Iraq under US Occupation

Mohamad Farik Amin.Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them.
bullet Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.”
bullet Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks.
bullet Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002).
bullet Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000).
bullet Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM.
bullet Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
bullet Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
The remaining seven suspects are alleged to have been involved in other al-Qaeda plots:
bullet Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks.
bullet Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger.
bullet Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003).
bullet Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured.
bullet Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack.
The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Entity Tags: Majid Khan, Mustafa Ahmed al-Hawsawi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Ramzi bin al-Shibh, Hambali, Gouled Hassan Dourad, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Khallad bin Attash, Abu Zubaida, Ali Abdul Aziz Ali, Central Intelligence Agency, Ahmed Khalfan Ghailani, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Philip Zelikow, who is Secretary of State Condoleezza Rice’s closest aide, gives a speech asserting that the US must seriously address the Israeli-Palestinian conflict. Otherwise, Zelikow says, the US may have trouble securing the support of Arab moderates and Europeans in dealing with the Middle East. The speech seems to be the result of a long discussion of the topic between Rice and former Bush adviser Brent Scowcroft (see October 2004). The counterattack from the neoconservatives in Vice President Cheney’s office, who want nothing to do with any settlements with the Palestinians, is immediate and fierce. Cheney’s office issues harsh condemnations of Zelikow, and neoconservative-friendly newspapers such as the Jerusalem Post and the New York Sun publish news reports designed to undermine Zelikow’s message. Rice refuses to stand up to Cheney on behalf of Zelikow, and the State Department officially repudiates Zelikow’s remarks. Zelikow resigns his post. The neoconservatives’ views on the Israeli-Palestinian issue remain the guiding force behind the Bush administration’s Middle East policies. [Unger, 2007, pp. 8]

Entity Tags: Condoleezza Rice, Brent Scowcroft, Richard (“Dick”) Cheney, US Department of State, Philip Zelikow, Office of the Vice President

Timeline Tags: US International Relations

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

In late September 2006, a new book by Bob Woodward reveals that CIA Director Tenet and CIA counterterrorism chief Cofer Black gave National Security Adviser Rice their most urgent warning about a likely upcoming al-Qaeda attack (see July 10, 2001 and September 29, 2006). Tenet detailed this meeting to the 9/11 Commission in early 2004 (see January 28, 2004), but it was not mentioned in the 9/11 Commission’s final report later that year. According to the Washington Post, “Though the investigators had access to all the paperwork on the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” [Washington Post, 10/1/2006] The 9/11 Commissioners initially vigorously deny that they were not told about the meeting. For instance, 9/11 Commissioner Jamie Gorelick says she checked with commission staff who told her they were never told about a meeting on that date. She says, “We didn’t know about the meeting itself. I can assure you it would have been in our report if we had known to ask about it.” [Washington Post, 9/30/2006] Commissioner Tim Roemer says, “None of this was shared with us in hours of private interviews, including interviews under oath, nor do we have any paper on this. I’m deeply disturbed by this. I’m furious.” Commissioner Richard Ben-Veniste says the meeting “was never mentioned to us.” Philip Zelikow, the executive director of the 9/11 Commission, says the commissioners and their staff had heard nothing in their private interviews with Tenet and Black to suggest that they made such a dire presentation to Rice. “If we had heard something that drew our attention to this meeting, it would have been a huge thing.” [New York Times, 10/2/2006] However, on October 3, 2006, a transcript of Tenet’s private testimony to the 9/11 Commission is leaked to reporters and clearly shows that Tenet did warn Rice of an imminent al-Qaeda threat on July 10, 2001. Ben-Veniste, who attended the meeting along with Zelikow and other staff members, now confirms the meeting did take place and claims to recall details of it, even though he, Zelikow, and other 9/11 Commissioners had denied the existence of the meeting as recently as the day before. In the transcript, Tenet says “the system was blinking red” at the time. This statement becomes a chapter title in the 9/11 Commission’s final report but the report, which normally has detailed footnotes, does not make it clear when Tenet said it. [Washington Post, 10/3/2006] Zelikow had close ties to Rice before joining the 9/11 Commission, having co-written a book with her (see March 21, 2004), and became one of her key aides after the commission disbanded (see February 28, 2005). Zelikow does not respond to requests for comments after Tenet’s transcript surfaces. [McClatchy Newspapers, 10/2/2006; Washington Post, 10/3/2006]

Entity Tags: Richard Ben-Veniste, Tim Roemer, Jamie Gorelick, George J. Tenet, Condoleezza Rice, 9/11 Commission, Philip Zelikow, Cofer Black

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Iraq Study Group, working to finalize its long-awaited report (see December 2006), works all of its connections to the White House to ensure that the report receives a fair hearing. No one in the study group anticipates their report will receive a warm reception from the White House. Co-chairman James Baker is playing on both his ties with the president’s father and on the fact that he secured the 2000 election victory for President Bush. “Here you have Baker coming back trying to pull the president’s chestnuts out of the fire,” a former State Department official later observes. “Not only did he help Bush out in Florida, but now he is doing the Baker-Hamilton commission. He and [Brent] Scowcroft were talking relentlessly during the policy formulation of the Iraq Study Group report. Baker was keeping the president informed the whole time. He is trying to throw him a lifeline and give him an exit.” Scowcroft, another close ally of the elder Bush, is working with his former protege, Secretary of State Condoleezza Rice, to try to gain Bush’s attention. Rice indicates that she will help; unfortunately, she is not sincere in her assurances, as she never intervenes on Scowcroft’s behalf. [Unger, 2007, pp. 342-343]

Entity Tags: Bush administration (43), Brent Scowcroft, James A. Baker, Iraq Study Group, George W. Bush, Condoleezza Rice

Timeline Tags: Iraq under US Occupation

The US commander for Europe, General James Jones, confirms that he made a damning quote to author Bob Woodward. In Woodward’s September, 2006 book State of Denial, Jones is quoted as saying that Defense Secretary Donald Rumsfeld had “systematically emasculated” the military’s leadership. Jones confirms to a Washington Post reporter that he indeed said those words to Woodward. According to the book, Jones, formerly the Marine Chief of Staff, called the war in Iraq a “debacle,” and added, “The Joint Chiefs have been systematically emasculated by Rumsfeld.” According to the book, Jones also told Marine General Peter Pace, who was about to become the chairman of the Joint Chiefs, “You should not be the parrot on the secretary’s shoulder.” Pace has denied that Jones made such a remark to him. Jones says that the quotes are correct—though he now says Iraq is less of a “debacle” than a “big problem”—but adds, “[H]ad I seen [the book], I probably would have suggested that the tone was more critical than I intended it to be.” Jones says: “I do not associate myself with the so-called revolt of the generals. I believe that general officers, both active and retired, have an obligation to let their views be known,” but should do so in a “helpful” way. Of his comments about Rumsfeld, he says, “We’re a team, we’re together, we have occasional family disagreements.” [Washington Post, 10/5/2006; Roberts, 2008, pp. 158, 247]

Entity Tags: Bob Woodward, James L. Jones, Peter Pace, Donald Rumsfeld, Joint Chiefs of Staff

Timeline Tags: Iraq under US Occupation

The Defense Department’s Office of Inspector General completes an audit of three contracts awarded to the Lincoln Group (see September 2004-September 2006) to plant stories in the Iraqi media that were favorable of the US occupation. An unclassified summary of the investigation’s classified report states, “Psychological operations are a central part of information operations and contribute to achieving the… commander’s objectives,” which are aimed at disseminating “selected, truthful information to foreign audiences to influence their emotions… reasoning, and ultimately, the behavior of governments” and other entities. In addition to criticism that efforts to manipulate the press undermine the US’s stated aim of establishing a democracy in Iraq, critics have also contended that the program violated US law prohibiting the military from conducting covert operations. Only the CIA has a legal pass to engage in such activities. However, the inspector general’s report concludes that commanders in Iraq “complied with applicable laws and regulations in their use of a contractor to conduct psychological operations and their use of newspapers as a way to disseminate information.” The only problem identified in the report is that the Lincoln Group violated federal contracting guidelines by failing to provide “adequate documentation to verify expenditures” for the company’s first contract. [Associated Press, 10/19/2006; New York Times, 10/20/2006]

Entity Tags: Office of the Inspector General (DoD), Lincoln Group

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

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The chart presented during the CENTCOM briefing.The chart presented during the CENTCOM briefing. [Source: New York Times]A briefing by the US Central Command (CENTCOM) says that Iraq is sliding towards a complete breakdown of order. The briefing features a chart used by the military as, in the words of New York Times reporter Michael Gordon, “a barometer of civil conflict.” Gordon describes the slide as providing “a rare glimpse into how the military command that oversees the war is trying to track its trajectory, particularly in terms of sectarian fighting.” The briefing was prepared by CENTCOM’s intelligence directorate, overseen by Brigadier General John Custer. The slide contains a color-coded bar chart titled “Index of Civil Conflict,” which tracks the sharp rise in sectarian violence since the bombing of a Shi’ite shrine in February (see February 22, 2006), and documents a subsequent rise in violence despite US efforts to contain conflicts in and around Baghdad. Gordon describes the chart as tracking, among other factors, “the ineffectual Iraqi police and the dwindling influence of moderate religious and political figures,” and not so much more traditional factors like “the enemy’s fighting strength and the control of territory.” The chart shows Iraq moving quickly away from “peace,” the ideal condition on the far left of the chart, to a point labeled “chaos” on the right side. Gordon notes, “As depicted in the command’s chart, the needle has been moving steadily toward the far right of the chart.” A CENTCOM official says, “Ever since the February attack on the Shiite mosque in Samarra, it has been closer to the chaos side than the peace side.” [New York Times, 11/1/2006]

Entity Tags: John Custer, Michael Gordon, US Central Command

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

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

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

Timeline Tags: Niger Uranium and Plame Outing

Army Times logo.Army Times logo. [Source: Army Times / Grantham University]An Army Times editorial says that to tell the “hard bruising truth” of the war in Iraq is to conclude that Defense Secretary Donald Rumsfeld must resign. The editorial observes, “One rosy reassurance after another has been handed down by President Bush, Vice President Cheney and… Rumsfeld: ‘mission accomplished’ (see May 1, 2003 and April 30, 2008), the insurgency is ‘in its last throes” (see Summer 2005), and ‘back off,’ we know what we’re doing (see May 2004), are a few choice examples.” Some retired and active generals and military leaders are now beginning to speak out (see April 13-14, 2006, April 14-16, 2006, April 16, 2006, and October 5, 2006). In August, US CENTCOM commander General John Abizaid predicted the possibility of all-out civil war in Iraq (see August 3, 2006). And in mid-October, the New York Times reported on a confidential CENTCOM briefing that called the situation in Iraq “critical,” and sliding towards “chaos” (see October 18, 2006). The Army Times editorial observes that “despite the best [US] efforts… the problem of molding a viciously sectarian population into anything resembling a force for national unity has become a losing proposition.” Bush has vowed to stick by Rumsfeld for the remainder of his second term. The Army Times calls that decision “a mistake.” It explains: “It is one thing for the majority of Americans to think Rumsfeld has failed. But when the nation’s current military leaders start to break publicly with their defense secretary, then it is clear that he is losing control of the institution he ostensibly leads.… Rumsfeld has lost credibility with the uniformed leadership, with the troops, with Congress and with the public at large. His strategy has failed, and his ability to lead is compromised. And although the blame for our failures in Iraq rests with the secretary, it will be the troops who bear its brunt.… Donald Rumsfeld must go.” [Army Times, 11/6/2006] The Department of Defense responds to an advance copy of the Army Times editorial a day before its official publication. The editorial is “inaccurate and misleading,” and took Abizaid’s words “out of context.” The Pentagon claims that Rumsfeld has always presented what it calls a “balanced” picture of Iraq, and has never engaged in “rosy scenarios” to mislead the public (see April 11, 2003, April 12, 2003, Summer 2005, June 25, 2005, November 1, 2005, February 17, 2006, and April 18, 2006). It goes on to call the editorial little more than a rehash of old criticisms, and chides the writer(s) for “insulting military commanders” and “attack[ing]” Rumsfeld. [US Department of Defense, 11/5/2006] Rumsfeld resigns on the same day as the editorial appears (see November 6-December 18, 2006).

Entity Tags: New York Times, US Department of Defense, Richard (“Dick”) Cheney, US Central Command, Donald Rumsfeld, Army Times, John P. Abizaid, George W. Bush

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Robert Gates.Robert Gates. [Source: US Defense Department]In its final report, the Iraq Study Group (ISG) recommends significant changes to Iraq’s oil industry. The report’s 63rd recommendation states that the US should “assist Iraqi leaders to reorganize the national oil industry as a commercial enterprise” and “encourage investment in Iraq’s oil sector by the international community and by international energy companies.” The recommendation also says the US should “provide technical assistance to the Iraqi government to prepare a draft oil law.” [Iraq Study Group, 2006, pp. 57 pdf file] The report makes a number of recommendations about the US occupation of Iraq, including hints that the US should consider moving towards a tactical withdrawal of forces from that beleaguered nation. President Bush’s reaction to the report is best summed up by his term for the report: a “flaming turd.” Bush’s scatological reaction does not bode well for Secretary of State Condoleezza Rice’s own hopes that the administration will use the ISG report as a template for revising its approach to Iraq. This does not happen. Instead, Vice President Dick Cheney organizes a neoconservative counter to the ISG’s recommendations, led by the American Enterprise Institute’s Frederick Kagan. Kagan and his partner, retired general Jack Keane, quickly formulate a plan to dramatically escalate the number of US troops in Iraq, an operation quickly termed “the surge” (see January 10, 2007). The only element of the ISG report that is implemented in the Bush administration’s operations in Iraq is the label “a new way forward,” a moniker appropriated for the surge of troops. Administration officials such as Rice and the new defense secretary, Robert Gates, quickly learn to swallow their objections and get behind Bush’s new, aggressive strategy; military commanders who continue to support elements of the ISG recommendations, including CENTCOM commander General John Abizaid and ground commander General George Casey, are either forced into retirement (Abizaid) or shuttled into a less directly influential position (Casey). [Salon, 1/10/2007]

Entity Tags: American Enterprise Institute, Condoleezza Rice, Frederick Kagan, Iraq Study Group, Robert M. Gates, Jack Keane, George Casey, Richard (“Dick”) Cheney, George W. Bush, John P. Abizaid

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

The Iraq Study Group (ISG), chaired by former Republican Secretary of State James Baker and former Democratic congressman Lee Hamilton, holds an early-morning breakfast session with senior officials of the Bush administration, including President Bush, to discuss its 79 recommendations for the future conduct of the Iraq war. The White House essentially ignores the report (see December 2006). ISG member Lawrence Eagleburger will later say of Bush, “I don’t recall, seriously, that he asked any questions” during the meeting.
Former Senator's Recollection - Former Republican Senator Alan Simpson, another ISG member present at the breakfast meeting, later recalls: “It was an early-morning session, seven a.m., I think, breakfast, the day we trotted it out. And Jim and Lee said, ‘Mr. President, we will’—and Dick was there, [Vice President] Cheney was there—‘just go around the room, if you would, and all of us share with you a quick thought?’ And the president said fine. I thought at first the president seemed a little—I don’t know, just maybe impatient, like, ‘What now?’ He went around the room. Everybody stated their case. It just took a couple minutes. I know what I said. I said, ‘Mr. President, we’re not here to present this to vex or embarrass you in any way. That’s not the purpose of this. We’re in a tough, tough situation, and we think these recommendations can help the country out. We’ve agreed on every word here, and I hope you’ll give it your full attention.’ He said, ‘Oh, I will.’ And I turned to Dick, and I said, ‘Dick, old friend, I hope you’ll gnaw on this, too. This is very important that you hear this and review it.’ And he said, ‘I will, I will, and thanks.’ Then the president gave an address not too far after that. And we were called by [National Security Adviser Stephen] Hadley on a conference call. He said, ‘Thank you for the work. The president’s going to mention your report, and it’ll be—there will be parts of it that he will embrace, in fact, and if he doesn’t happen to speak on certain issues, you know that they’ll be in full consideration in the weeks to come,’ or something like that. And we all listened with a wry smile. We figured that maybe five of the 79 recommendations would ever be considered, and I think we were pretty right.”
Hamilton's Recollection - Hamilton has similar recollections of the meeting and the administration’s response to the report: “Cheney was there, never said a word, not a—of course, the recommendations from his point of view were awful, but he never criticized. Bush was very gracious, said we’ve worked hard and did this great service for the country—and he ignored it so far as I can see. He fundamentally didn’t agree with it. President Bush has always sought, still seeks today, a victory, military victory. And we did not recommend that. The gist of what we had to say was a responsible exit. He didn’t like that.” [Vanity Fair, 2/2009]

Entity Tags: Stephen J. Hadley, George W. Bush, Alan Simpson, Iraq Study Group, Lee Hamilton, James Baker, Richard (“Dick”) Cheney, Lawrence Eagleburger

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

US troops raid the compound of Abdul Aziz al-Hakim, the Shi’ite leader of the Supreme Council for the Islamic Revolution in Iraq (SCIRI), and capture two Iranians. The two, Brigadier General Mohsen Chirazi and Colonel Abu Amad Davari, are high-ranking members of Iran’s al-Quds Brigade, which the US accuses of supplying funding and training to Shi’ite insurgents in Iraq. After a tense nine-day diplomatic standoff, the US acquiesces to requests by the Iraqi government and its own State Department to allow the two to return to Iran, though the Pentagon wished to keep them in captivity for interrogation. [Washington Post, 1/12/2007; Asia Times, 3/31/2007] Iran calls both Chirazi and Davari “diplomats,” and says they are in Iraq at the invitation of Iraq’s president, Jalal Talabani, as part of an agreement to improve security between the two countries. [BBC, 12/29/2006]

Entity Tags: al-Quds Brigade, Abu Amad Davari, Abdul Aziz al-Hakim, Jalal Talabani, Mohsen Chirazi, Supreme Council for the Islamic Revolution in Iraq, US Department of Defense, US Department of State

Timeline Tags: US confrontation with Iran

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

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

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

A map showing the various groups controlling portions of Baghdad in late 2006.A map showing the various groups controlling portions of Baghdad in late 2006. [Source: Representational Pictures]A plan, later approved by President George Bush, to “surge” 21,500 US combat troops into Iraq (see January 10, 2007) is created, largely by Frederick Kagan of the main neoconservative think tank, the American Enterprise Institute (AEI), with the help of retired Army general and deputy chief of staff Jack Keane. Kagan and Keane want to send seven more Army brigades and Marine regiments to Iraq.
Opposed by Joint Chiefs - The AEI plan, however, has been rebuffed by the Joint Chiefs of Staff, who do not believe that Iraqi Prime Minister Nouri al-Maliki can effectively confront the Shi’ite militias, especially those of Moqtada al-Sadr’s Mahdi Army. [Washington Post, 1/10/2007] However, al-Maliki reportedly told Bush in recent days, “I swear to God, I’m not going to let Sadr run this country.” [ABC News, 1/10/2007]
Plan Created by Neoconservatives at AEI - Kagan is a neoconservative who, in his new book Finding the Target, has scorned Bush’s military policies as “simplistic,” Secretary of Defense Donald Rumsfeld as “fatuous,” and Rumsfeld’s former deputy and architect of the Iraq invasion, Paul Wolfowitz, as “self-serving.” Along with Kagan and Keane, a number of lesser-known AEI neoconservatives contributed to the plans for the surge, including Danielle Pletka, a former aide to retired Republican senator Jesse Helms, and former Coalition Provisional Authority aide Michael Rubin. Commentator and former Clinton adviser Sidney Blumenthal calls the collection a “rump group of neocons” hanging on to influence primarily in the office of Vice President Dick Cheney, battered and demoralized by the failures of the past five years but, Blumenthal writes, “not so crushed that they cannot summon one last ragged Team B to provide a manifesto for a cornered president.” The AEI plan, entitled “Choosing Victory: A Plan for Success in Iraq,” calls for a huge escalation to fight a tide-turning battle for Baghdad which, it predicts, will lead to the dissolution of Iraq’s Shi’ite militias, deliver a crushing defeat to the Sunni insurgency, and spread security and democracy from Baghdad throughout the country. Unfortunately, it ignores the realities of limited troop availability, Blumenthal observes, and perhaps worse, dismisses any notion of diplomacy, particularly the diplomatic initiatives advanced by the Iraq Study Group. The only solution to the Iraq problem, the plan asserts, is “victory.” The plan claims, “America, a country of 300 million people with a GDP of $12 trillion, and more than 1 million soldiers and marines can regain control of Iraq, a state the size of California with a population of 25 million and a GDP under $100 billion.” [Salon, 12/20/2006]
Marketing Slogan with Inaccurate Implications - In 2008, author J. Peter Scoblic will write, “Recall that the surge strategy promoted by the American Enterprise Institute was titled ‘Choosing Victory,’ implying both that the only possible outcomes in Iraq were victory or defeat and that it was entirely within our power to decide which happened.” [Scoblic, 2008, pp. 272]

Entity Tags: Richard (“Dick”) Cheney, Sidney Blumenthal, Paul Wolfowitz, J. Peter Scoblic, Nouri al-Maliki, Moqtada al-Sadr, Frederick Kagan, Danielle Pletka, American Enterprise Institute, Michael Rubin, Donald Rumsfeld, Jack Keane, Mahdi Army, George W. Bush, Jesse Helms

Timeline Tags: Iraq under US Occupation, Neoconservative Influence

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

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

Timeline Tags: Niger Uranium and Plame Outing

Ryan CrockerRyan Crocker [Source: CBC]In preparation for his expected announcement of a new “surge” of 21,500 combat troops for Iraq (see January 10, 2007), President Bush puts together a new team of advisers and officials to oversee his administration’s Iraq policy. The new team includes:
bullet Zalmay Khalilzad as the ambassador to the United Nations. Khalilzad, the only Middle East native in a senior position in the administration, is the former ambassador to both Afghanistan and Iraq (see November 2003), a well-known neoconservative who formerly held a position with the oil corporation Unocal. He will replace interim ambassador John Bolton, an abrasive neoconservative who could never win confirmation in the post from the US Senate.
bullet Ryan Crocker is the leading candidate to replace Khalilzad as the US ambassador to Iraq. Crocker, who speaks fluent Arabic, is currently the ambassador to Pakistan.
bullet Director of National Intelligence John Negroponte will become the top deputy to Secretary of State Condoleezza Rice. Negroponte, a controversial veteran of US foreign operations in Latin America and the Middle East, has also served as the US ambassador to Iraq. Rice is widely viewed as in dire need of a savvy, experienced deputy who can assist her both in handling the sprawling State Department bureaucracy, and focus her efforts to handle diplomatic efforts in the Middle East as well as in other regions.
bullet Retired Admiral Mike McConnell, who headed the National Security Agency under former presidents George H.W. Bush and Bill Clinton, will replace Negroponte as DNI.
bullet Admiral William Fallon, head of the US Pacific Command, will replace General John Abizaid as commander of the US forces in the Middle East. Abizaid has drawn media attention in recent months for his muted criticism of the Bush administration’s Iraqi policies.
bullet Army General David Petraeus will replace General George Casey as the chief military commander in Iraq. Petraeus once headed the effort to train Iraqi security forces. Like Abizaid, Casey has been skeptical about the need for more US forces in Iraq. [USA Today, 1/5/2007; CBS News, 1/5/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Zalmay M. Khalilzad, Unocal, United Nations, William Fallon, Ryan C. Crocker, George Herbert Walker Bush, George Casey, David Petraeus, John Negroponte, John P. Abizaid, George W. Bush, Mike McConnell, Condoleezza Rice, US Department of State

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Iraq under US Occupation

Irbil’s Iranian Liaison Office.Irbil’s Iranian Liaison Office. [Source: Yahya Ahmed / Associated Press]US forces carry out two raids inside Iraq, capturing five Iranians as well as a large amount of documentary and computer data. Both raids are inside the Kurdish city of Irbil. One raid is at the Iranian Liaison Office, which is used as a local headquarters by the Iranian Revolutionary Guards; according to Iranian sources, five US helicopters land on the roof of the office building around 4 a.m. local time, and US soldiers break down doors, snatch up the five Iranians, and take away boxes of documents and computer equipment. The second raid, at the Irbil airport, ends differently, with US troops finding themselves confronting unfriendly Kurdish troops. Iraqi Foreign Minister Hoshyar Zebari says, “A massacre was avoided at the last minute.” No Iranians are detained as part of the airport raid. The two raids are part of a new US intelligence and military operation launched in December 2006 against Iranians allegedly providing assistance to Iraqi Shi’ite insurgents. Iran’s al-Quds Brigade, which provides funding and military training to other Shi’ite revolutionary groups such as Lebanon’s Hezbollah, is the primary target of the US offensive. “Throughout Iraq, operations are currently ongoing against individuals suspected of being closely tied to activities targeting Iraqi and Coalition forces,” the headquarters of the US-led Multi-National Force-Iraq says in a prepared statement. The month before, two senior Iranians of al-Quds, Brigadier General Mohsen Chirazi and Colonel Abu Amad Davari, were captured in similar raids (see December 21-29, 2006), and freed shortly thereafter. [Alalam News, 1/11/2007; Washington Post, 1/12/2007; Newswire, 1/12/2007] US officials dismiss the raids as “routine.” [Reuters, 1/11/2007] Months later, a Kurdish government official says that the real target of the raids was not the Iranian liaison officials, but commanders of the Iranian Revolutionary Guards, who were openly visiting Kurdish government officials. The commanders were not captured (see Early April, 2007). [Associated Press, 4/6/2007]
Rhetorical Escalation - Bush says that he has ordered US forces to “seek out and destroy the networks” arming and training US enemies, an indirect reference to Iran (see January 10, 2007). Joining Bush in the rhetorical escalation is General Peter Pace, the chairman of the Joint Chiefs of Staff, who charges that Iran is “complicit” in providing weapons designed to kill American troops: “We will do all we need to do to defend our troops in Iraq by going after the entire network regardless of where those people come from.” The Iranian Liaison Office was opened with the approval of the Iraqi Kurds, who maintain a near-autonomous region in northern Iraq with the support of the US. Iran wants to upgrade the office to a formal consulate. US forces did not inform their Iraqi allies of the raids on the office beforehand; the raids may well disrupt Kurdish and Iraqi government attempts to deepen ties with the Iranian government. “This is a very, very dangerous thing,” says Zebari. The Iranian government has protested the raids, and the capture of their five officials, through Iraqi and Swiss diplomats to the United Nations (Switzerland represents US interests in Iran). Tehran insists that all five captured Iranians are diplomats, a claim rejected by US and Iraqi officials. [Washington Post, 1/12/2007] The State Department will assert, without presenting proof, that the Iranians are part of a much larger effort by Iran to support the Iraqi Shi’ite militias and insurgents. Apparently the United States’ charges that the Iranians are not diplomats rest on a bureaucratic foible: the five Iranians had applied for diplomatic accreditation, but their paperwork had not been fully processed. The Kurdish government were treating them as if they were accredited. Iran insists that the five are legitimate diplomats regardless of paperwork, and that by capturing them, the US is violating the Vienna Conventions and other international diplomatic regulations. But the US routinely ignores such laws in both Iraq and Afghanistan, causing criticism from human rights organizations and legal experts around the globe. Human Rights Watch researcher John Sifton says, “The US hasn’t articulated the legal grounds under which it detains ‘combatants’. They regularly conflate criminal terrorism, innocent civilians, and real combatants on the ground, and throw them all into the same pot. The vagueness of the war on terror has supplied the soil under which all this has flourished.” [Agence France-Presse, 1/25/2007; Asia Times, 3/31/2007]
Eventual Release of Some Captives - Months later, the US will release some of the captured Iranians (see November 6-9, 2007).

Entity Tags: al-Quds Brigade, US Department of Defense, Peter Pace, US Department of State, Vienna Convention on Diplomatic Relations, Mohsen Chirazi, Human Rights Watch, Iranian Revolutionary Guards, Abu Amad Davari, Coalition for the International Criminal Court (CICC), Condoleezza Rice, George W. Bush, Hezbollah, John Sifton, Iranian Liaison Office, Hoshyar Zebari, United Nations

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Defense Secretary Robert Gates tells the military to minimize its controversial “stop-loss” program (see November 2002), which forces US soldiers to remain on active duty long after their terms of service have expired. While US Army spokespersons have defended the policy as essential for keeping units intact, critics say it hurts morale and has strong, adverse effects on recruiting and retention (see September 15, 2004). Gates gives each branch of the military until February 28, 2007, to suggest how it intends to minimize stop-loss deployments for both active and reserve troops. [National Guard, 2/2007] Gates’s order will have little real impact (see May 2008).

Entity Tags: US Department of the Army, US Department of Defense, Robert M. Gates

Timeline Tags: US Military, Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Admiral William Fallon.Admiral William Fallon. [Source: US Navy]Admiral William Fallon, named to replace General John Abizaid as head of the US Central Command (Centcom) for the Middle East and Southwest Asia (see March 16, 2007), reportedly privately opposes the proposed addition of a third US aircraft carrier group in the Persian Gulf, and vows that there will be no war against Iran as long as he is chief of Centcom. Fallon’s opposition to a military strike against Iran results in a shift in the Bush administration away from its aggressive, threatening posture towards Iran, and instead moves the administration’s rhetoric incrementally towards diplomatic engagement with that nation. Historian and author Gareth Porter writes, “That shift, for which no credible explanation has been offered by administration officials, suggests that Fallon’s resistance to a crucial deployment was a major factor in the intra-administration struggle over policy toward Iran.” Fallon’s resistance to further naval buildups in the Gulf apparently surprises Bush officials; in January, Defense Secretary Robert Gates publicly suggested that Fallon’s appointment gives greater emphasis on the military option for Iran. Gates said in January, “As you look at the range of options available to the United States, the use of naval and air power, potentially, it made sense to me for all those reasons for Fallon to have the job.” A third carrier group deployment would have pushed the US naval presence in the region to the same level as it was during the last months of the Saddam Hussein regime in Iraq. Apparently, the deployment of a third carrier group was envisioned as a means of pressuring the Iranian government, in a plan to engage in a series of operations that would appear to Tehran to be war preparations much like those that presaged the invasion of Iraq (see March 19, 2003). But Fallon’s opposition scotched those plans. Fallon recently told an informed source that an attack on Iran “will not happen on my watch.… You know what choices I have. I’m a professional.” And Fallon indicated he is not alone: “There are several of us trying to put the crazies back in the box.” Fallon’s position weakens the belligerent posture adopted by Vice President Dick Cheney and his aides, and strengthens that of Secretary of State Condoleezza Rice, who is now preparing to make high-level diplomatic contacts with Iranian officials. [Inter Press Service, 5/15/2007]

Entity Tags: John P. Abizaid, Bush administration (43), Condoleezza Rice, Gareth Porter, Robert M. Gates, US Central Command, William Fallon, Richard (“Dick”) Cheney, Saddam Hussein

Timeline Tags: US confrontation with Iran

The Bush escalation plan will involve up to 50,000 troops being sent to Iraq, not the 21,500 as touted by Bush and his officials. The 21,500 are actual combat troops, but logistical and support troops will also need to accompany the combat troops into Iraq. House Speaker Nancy Pelosi (D-CA) says, “Over the past few years, [the Defense Department’s] practice has been to deploy a total of about 9,500 per combat brigade to the Iraq theater, including about 4,000 combat troops and about 5,500 supporting troops. [This] puts the cost of the president’s decision in even starker terms. If the president proceeds with his plan, thousands more US troops will be at risk, billions more dollars will be required, and there will be a much more severe impact on our military’s readiness.” House Budget Committee chairman John Spratt (D-SC) adds,“These additional troop deployments will cost between $7 billion and $10 billion this year alone—$4 billion to $7 billion more than the administration’s estimate.” Spratt says such an increase in troop levels will be difficult for the US military to maintain; the abnormally high deployment levels for the past four years have “taken a toll” on the military. House Armed Services committee chairman Ike Skelton (D-MO) says the report by the Congressional Budget Office (CBO) “appears to conflict with the estimate given by the chief of staff of the Army in his testimony. We will want to carefully investigate just how big the president’s troop increase really is. Is it 21,500 troops, or is it really closer to 33,000 or 43,000?” Martin Meehan (D-MA), chairman of the House Armed Services subcommittee on oversight and investigations that has launched a review of Iraq-related costs, says he also is concerned: “I am disturbed that the administration’s figures may not be fully accounting for what a true force increase will entail; if combat troops are deployed, their support needs must not be shortchanged.” [Army Times, 2/2/2007]

Entity Tags: John Spratt, Nancy Pelosi, Martin Meehan, Ike Skelton

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The British government admits it should have credited a postgraduate student’s article as being part of its so-called “Dodgy Dossier” on Iraq’s weapons of mass destruction (see February 3, 2003). “In retrospect we should have acknowledged” that sections of the document were based on an article by Ibrahim al-Marashi, says a spokesman for Prime Minister Tony Blair. Menzies Campbell, foreign affairs spokesman for the opposition Liberal Democrats, says the incident is “the intelligence equivalent of being caught stealing the spoons.… The dossier may not amount to much but this is a considerable embarrassment for a government trying still to make a case for war.” Labour leader Glenda Jackson, an outspoken opponent of war with Iraq, calls the dossier “another example of how the government is attempting to mislead the country and Parliament on the issue of a possible war with Iraq. And of course to mislead is a Parliamentary euphemism for lying.” Blair’s spokesman disputes the allegation that the government lied; instead, he says, “We all have lessons to learn.” The Blair administration insists the dossier is “solid,” no matter what its sources. “The report was put together by a range of government officials,” says a Downing Street spokesman. “As the report itself makes clear, it was drawn from a number of sources, including intelligence material. It does not identify or credit any sources, but nor does it claim any exclusivity of authorship.” Conservative Party shadow defense secretary Bernard Jenkin says his party is deeply concerned about the dossier. “The government’s reaction utterly fails to explain, deny, or excuse the allegations made in it,” he says. “This document has been cited by the prime minister and Colin Powell as the basis for a possible war. Who is responsible for such an incredible failure of judgment?” [Associated Press, 2/7/2003; BBC, 2/7/2003; Office of the Prime Minister, 2/7/2003; New York Times, 2/8/2003]

Entity Tags: Walter Menzies Campbell, Bernard Jenkin, Blair administration, Glenda Jackson, Ibrahim al-Marashi, Tony Blair

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Bob Graham (D-FL), the former head of the Senate Intelligence Committee, says that the White House found it almost impossible to refuse to appoint a special prosecutor in the Valerie Plame Wilson identity leak investigation (see December 30, 2003) because of the Bush administration’s insistence on an aggressive investigation of a Congressional leak in 2002 (see June 19, 2002 and June 20, 2002). The strongest push for a leak investigation came from Vice President Dick Cheney and his chief of staff, Lewis Libby, Graham recalls: “They [the administration] would have had a certain exposure to hypocrisy if they hid behind executive privilege” when the Plame Wilson investigation began, or if they had fought the appointment of a special prosecutor, Graham says. “It made it politically untenable to avoid having a strong investigation, because they had demanded it of us. With us, they said we should call out the meanest, leanest dogs. The example that they set with us became the boomerang that came around and hit them.” Both Cheney and Libby are central suspects in the Plame Wilson outing, though no one has been charged with leaking her CIA status to the press. Cheney is known to have selectively leaked and declassified intelligence to bolster the administration’s case for war and later to defend against charges that he misrepresented prewar intelligence (see 7:35 a.m. July 8, 2003, (July 11, 2003), and July 12, 2003). And evidence points to the conclusion that Cheney ordered Libby to leak Plame Wilson’s name to the press (see July 7-8, 2003 and July 12, 2003). Senior Justice Department officials and Senate Democrats all pushed for Attorney General John Ashcroft to recuse himself and name a special prosecutor. According to several senior Congressional staffers, Democrats made their case based in part on Cheney’s personal insistence that senators and their staffers be investigated over the NSA leak. [National Journal, 2/15/2007]

Entity Tags: Lewis (“Scooter”) Libby, Daniel Robert (“Bob”) Graham, Richard (“Dick”) Cheney, Bush administration (43), Valerie Plame Wilson, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Norman Podhoretz, one of the founding fathers of neoconservatism, meets with President Bush to urge a military strike against Iran. Podhoretz meets privately with Bush at the Waldorf Astoria hotel in New York City, with Bush’s political adviser Karl Rove taking notes. The meeting is not logged in Bush’s schedule. Podhoretz will become senior foreign policy adviser to presidential candidate Rudolph Giuliani (R-NY) (see October 28, 2007). The London Times characterizes the meeting as evidence of “the enduring influence of the neoconservatives at the highest reaches of the White House, despite some high-profile casualties in the past year.”
Iran Discussed - Podhoretz will say of his meeting with Bush: “I urged Bush to take action against the Iranian nuclear facilities and explained why I thought there was no alternative.… I laid out the worst-case scenario—bombing Iran—versus the worst-case consequences of allowing the Iranians to get the bomb.” Podhoretz recalls telling Bush: “You have the awesome responsibility to prevent another holocaust. You’re the only one with the guts to do it.” Podhoretz recalls Bush looking “very solemn.” Primarily, Bush listens without responding, though Podhoretz will recall both Bush and Rove laughing when he mentions giving “futility its chance,” a phrase used by fellow neoconservative Robert Kagan about the usefulness of pursuing United Nations sanctions against Iran.
No Sign of Agreement - “He gave not the slightest indication of whether he agreed with me, but he listened very intently,” Podhoretz will recall. Podhoretz is convinced that “George Bush will not leave office with Iran having acquired a nuclear weapon or having passed the point of no return”—a reference to the Iranians’ acquisition of sufficient technical capability to produce a nuclear weapon. “The president has said several times that he will be in the historical dock if he allows Iran to get the bomb. He believes that if we wait for threats to fully materialize, we’ll have waited too long—something I agree with 100 percent.”
No Need to Use Nukes - Podhoretz tells Bush that the US could neutralize Iran’s nuclear program without using its own nuclear weapons: “I’m against using nuclear weapons and I don’t think they are necessary.” Podhoretz is preparing a book, World War IV: The Long Struggle Against Islamofascism, which echoes the points he makes with Bush. According to Podhoretz, World War IV is the global struggle against terrorism (World War III was the Cold War between the US and the Soviet Union). “The key to understanding what is happening is to see it as a successor to the previous totalitarian challenge to our civilization,” he says. Podhoretz asserts that Iraq, Afghanistan, and Iran are merely different fronts of the same long war. [London Times, 9/30/2007] Podhoretz says that “the debate [over Iran] is secretly over and the people who are against military action are now preparing to make the case that we can live with an Iranian bomb.” [Daily Telegraph, 11/1/2007]

Entity Tags: Rudolph (“Rudy”) Giuliani, Norman Podhoretz, Karl C. Rove, George W. Bush

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Wall Street Journal columnist James Taranto joins his conservative colleagues at the National Review in calling the Lewis Libby trial verdict (see March 6, 2007) a “travesty” (see March 6, 2007 and March 6, 2007). Libby should never have been prosecuted at all, Taranto writes, and calls the courtroom proceedings a “show trial” that will allow “partisans of [war critic] Joseph Wilson [to] use the guilty verdict to declare vindication” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Like the National Review writers, Taranto insists that the trial proved Libby’s innocence, not his guilt; proved that Wilson, not the White House, lied about Iraqi WMDs (see February 21, 2002-March 4, 2002, Mid-January 2003, 9:01 pm January 28, 2003, and July 6, 2003); proved that Valerie Plame Wilson was not a covert agent for the CIA (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006); and proved that no one from the White House leaked Plame Wilson’s identity to columnist Robert Novak (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, July 8, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003). The entire case against Libby was “a tissue of lies,” Taranto argues. No one committed any crimes, he continues, and calls special counsel Patrick Fitzgerald “an overzealous prosecutor, one who was more interested in getting a scalp than in getting to the truth of the matter.” Libby could have avoided being prosecuted and convicted merely by refusing to “remember” anything under questioning, Taranto says, and concludes, “Therein lies a lesson for witnesses in future such investigations—which may make it harder for prosecutors to do their jobs when pursuing actual crimes.” [Wall Street Journal, 3/6/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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