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Alan Foley, the director of the CIA’s Weapons Intelligence, Nonproliferation, and Arms Control Center (WINPAC—see Shortly after February 12, 2002), calls his senior production managers into his office. He tells the gathered officers, who control the output of WINPAC’s analysts, “If the president wants to go to war, our job is to find the intelligence to allow him to do so.” According to Peter Eisner and Knut Royce, authors of The Italian Letter, “The directive was not quite an order to cook the books, but it was a strong suggestion that cherry-picking and slanting not only would be tolerated, but might even be rewarded.” Eisner and Royce will call WINPAC “sycophantic” supporters of the Bush plan to invade Iraq. Reporter Laura Rozen will call WINPAC “a secret cheerleading faction inside the CIA for the administration’s most stretched Iraq intelligence claims.” (Wilson 2007, pp. 376-377)
Columnist Robert Novak, whose earlier column outed undercover CIA agent Valerie Plame Wilson (see July 14, 2003), confirms being given information about Plame Wilson by administration sources (see Late June 2003, July 8-10, 2003, and July 8, 2003). “I didn’t dig it out, it was given to me,” he says. “They thought it was significant, they gave me the name and I used it.” He does not name the individuals who provided him with the information. (Phelps and Royce 7/22/2003; New York Times 2006) Novak will later backtrack, claiming that the leak was less the result of White House pressure and more from his own initiative; he will also accuse Newsday’s Knut Royce, who first reports his statement, of quoting his words “out of context.” (Waas 2/12/2004)
Newsday reports on the outing of CIA agent Valerie Plame Wilson by a news columnist based on information leaked by two administration sources (see July 14, 2003). In an article titled “Columnist Blows CIA Agent’s Cover,” reporters Timothy Phelps and Knut Royce note that CIA officials confirm that Plame Wilson “works at the agency on weapons of mass destruction issues in an undercover capacity—at least she was undercover until last week when she was named by columnist Robert Novak.” (Phelps and Royce 7/22/2003) It will later be determined that Royce and Phelps’s source is probably a single official, CIA spokesman Bill Harlow (see 5:25 p.m. June 10, 2003, 5:27 p.m. June 11, 2003, (July 11, 2003), and Before July 14, 2003). (United States District Court for the District of Columbia 9/27/2004 ) Shortly thereafter, other reporters learn that Plame Wilson was not only an undercover agent, but had what is known as NOC—“nonofficial cover” status (see Fall 1992 - 1996). NOC agents usually operate overseas, often using false identities and job descriptions. NOCs do not have diplomatic protection and thusly are vulnerable to capture, imprisonment, and even murder without official reprisals or even acknowledgement from the US. Vanity Fair reporter Vicky Ward will write in January 2004: “A NOC’s only real defense is his or her cover, which can take years to build. Because of this vulnerability, a NOC’s identity is considered within the CIA to be, as former CIA analyst Kenneth Pollack has put it, ‘the holiest of holies.’” (Ward 1/2004) Plame Wilson’s husband, former ambassador Joseph Wilson, refuses to confirm his wife’s covert CIA status, but says that her outing is part of a concerted effort to attack critics of the administration’s intelligence failures (see July 21, 2003). Wilson recently revealed that the administration’s claims that Iraq sought to buy uranium from Niger were false (see July 6, 2003). Current and former CIA officials are outraged at Novak’s column, and the apparent leak from the administration. Former CIA Near East division chief Frank Anderson says, “When it gets to the point of an administration official acting to do career damage, and possibly actually endanger someone, that’s mean, that’s petty, it’s irresponsible, and it ought to be sanctioned.” A current intelligence official says that blowing Plame Wilson’s cover puts everyone she ever dealt with as an undercover CIA operative at risk. Her husband agrees: “If what the two senior administration officials said is true, they will have compromised an entire career of networks, relationships, and operations.” Furthermore, if true, “this White House has taken an asset out of the” weapons of mass destruction fight, “not to mention putting at risk any contacts she might have had where the services are hostile.” (Phelps and Royce 7/22/2003) In 2007, Plame Wilson will reflect: “Not only was it very rare for the agency to validate that an officer was undercover, no matter what the circumstances, but no one from the agency had told me that my undercover status would be confirmed. It would have been nice to at least get a heads-up from someone at work.” (Wilson 2007, pp. 147)
Newsday reporters Timothy Phelps and Knut Royce have an article published that confirms Valerie Plame Wilson, whose covert CIA identity was blown eight days ago by conservative columnist Robert Novak (see July 14, 2003) based on information provided by two senior administration officials (see July 8, 2003 and July 8, 2003), works at the CIA on WMD issues as an undercover official with the directorate of operations. Phelps and Royce receive confirmation of this from unnamed intelligeice officials. Plame Wilson’s husband, embattled war critic Joseph Wilson, refuses to confirm his wife’s status as a CIA official, but says the leak of her identity to the press, as well as her position as his wife and even her maiden name, are attempts to intimidate others from speaking out against Bush administration intelligence failures. “It’s a shot across the bow to these people, that if you talk we’ll take your family and drag them through the mud as well,” he says. Wilson and retired CIA official Frank Anderson say that if Plame Wilson is indeed a covert official (see Fall 1992 - 1996), whoever leaked her identity violated the law, endangered her career, and put the lives of her contacts in foreign countries at risk. Anderson, who formerly headed the CIA’s Near East division, says, “When it gets to the point of an administration official acting to do career damage, and possibly actually endanger someone, that’s mean, that’s petty, it’s irresponsible, and it ought to be sanctioned.” Wilson adds: “If what the two senior administration officials said is true, they will have compromised an entire career of networks, relationships, and operations.… [T]his White House has taken an asset out of the” weapons of mass destruction fight, “not to mention putting at risk any contacts she might have had where the services are hostile.… This might be seen as a smear on me and my reputation, but what it really is is an attempt to keep anybody else from coming forward” to reveal similar intelligence lapses. A senior intelligence official also confirms that Plame Wilson did not send her husband to Niger, as some have alleged (see February 19, 2002 and July 22, 2003). “They [the officers who did ask Wilson to check the uranium story] were aware of who she was married to, which is not surprising,” he says. “There are people elsewhere in government who are trying to make her look like she was the one who was cooking this up, for some reason. I can’t figure out what it could be.… We paid his [Wilson’s] air fare. But to go to Niger is not exactly a benefit. Most people you’d have to pay big bucks to go there.” (Phelps and Royce 7/22/2003)
The FBI publicly acknowledges that it has opened an investigation into the Valerie Plame Wilson identity leak (see September 26, 2003). The White House directs its staff to fully cooperate with the investigation (see September 29-30, 2003). President Bush tells the press: “If there is a leak out of my administration, I want to know who it is. And if the person has violated the law, he will be taken care of.” (Stevenson and Lichtblau 9/30/2003; New York Times 2006) (In White House press secretary Scott McClellan’s later recollection, “he’d made clear that if anyone in his administration had been responsible for the leak, he or she would have to leave.”) (McClellan 2008, pp. 216) Bush says there are “just too many leaks” from both the White House and Congress. The Justice Department instructs the White House, through White House counsel Alberto Gonzales, to preserve all records relating to the case, including any involving contacts with columnist Robert Novak (who first publicly outed Plame Wilson—see July 14, 2003), and two Newsday reporters, Timothy Phelps and Knut Royce (see September 30, 2003). Phelps and Royce wrote a July 2003 article claiming that “intelligence officials” had confirmed and expanded on Novak’s identification of Plame Wilson, and stated that Plame Wilson worked for the CIA in “an undercover capacity” (see July 21, 2003). Bush tells reporters that he is “absolutely confident that the Justice Department will do a very good job” of investigating the case, indicating that he will not support calls for an outside special counsel to take over the probe. The Justice Department has not ruled out asking for a special counsel, though Attorney General John Ashcroft says his department is more than capable of handling the investigation itself. Democrats say that Ashcroft’s Justice Department should not conduct any such investigation because of Ashcroft’s close connections to White House personnel who may be involved in the leak, such as White House political adviser Karl Rove. At a fundraising luncheon, Bush indirectly dismisses the controversy over the Plame Wilson outing as part of the “needless partisan bickering that dominates the Washington, DC, landscape.” A Republican source close to the White House tells the New York Times that the investigation will blow over within a matter of days. “The general view inside the White House among senior staff is that this is going to create a few rocky political days, that it’s mainly the Democrats pushing it and that if all the Republicans stay on board, the story goes away,” the source says. (Stevenson and Lichtblau 9/30/2003; New York Times 2006) Plame Wilson’s husband, former ambassdor Joseph Wilson, will later call this an “absurdly broad net, as there were only a very small number of people in the administration whose responsibilities overlap the national security and the political arenas, the best pool of possible suspects in which to start looking.” Wilson will note, “If the president really wanted to ‘come to the bottom of this,’ as he claimed to reporters on October 7 (see October 7, 2003), he could have acted like the strong chief executive he claims to be and brought his senior people into a room and demanded that they produce the leaker.” (Wilson 2004, pp. 399)
Shortly after sending an e-mail to White House employees informing them of the FBI’s Plame Wilson investigation (see September 29-30, 2003), White House counsel Alberto Gonzales sends a second, more specific e-mail with instructions on saving any documents or materials that might be pertinent to that investigation. Gonzales writes: “This communication is a follow-up to the directive I sent you this morning regarding the preservation of certain materials in the possession of the White House, its staff, or its employees. Pursuant to a request from the Department of Justice, I am instructing you to preserve and maintain the following: [F]or the time period February 1, 2002 to the present, all documents, including without limitation all electronic records, telephone records of any kind (including but not limited to any records that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries, that relate in any way to:
“1. Former US Ambassador Joseph C. Wilson, his trip to Niger in February 2002, and/or his wife’s purported relationship with the Central Intelligence Agency;
“2. Contacts with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, and/or his wife’s purported relationship with the Central Intelligence Agency; and
“3. Contacts with reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly, on behalf of these reporters.
“You must preserve all documents relating, in any way, directly or indirectly, to these subjects, even if there would be a question whether the document would be a presidential or federal record or even if its destruction might otherwise be permitted. If you have any questions regarding any of the foregoing, please contact associate counsels Ted Ullyot or Raul Yanes in the counsel to the president’s office.” (Alberto R. Gonzales 9/30/2003)
Three days after sending e-mails to White House employees specifying how they should cooperate in the FBI’s investigation of the Plame Wilson leak (see September 29-30, 2003) and September 30, 2003), White House counsel Alberto Gonzales sets deadlines for those employees to turn over information pursuant to that investigation. Gonzales sends an e-mail saying in part: “On September 30, 2003, you received two memoranda from me directing you to preserve and maintain certain documents. In a letter received yesterday evening, the Department of Justice has requested that we provide those documents to prosecutors and FBI agents assigned to this investigation. To ensure compliance with the time deadlines imposed by the Department of Justice, you are directed to provide to the Counsel’s Office, by no later than 5 p.m. on October 7, 2003, copies of the following documents, created during the time period February 1, 2002, through September 30, 2003, inclusive:
“1. All documents that relate in any way to former US Ambassador Joseph C. Wilson, his trip to Niger in February 2002, or his wife’s purported relationship with the Central Intelligence Agency; and
“2. All documents that relate in any way to a contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wife’s purported relationship with the Central Intelligence Agency; and
“3. All documents that relate in any way to a contact with any or all of the following: reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly on behalf of them.
“For purposes of this memorandum, the term ‘documents’ includes ‘without limitation all electronic records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries’ in the possession of the Executive Office of the President, its staff, or its employees, wherever located, including any documents that may have been archived in Records Management. However, at this time, you do not need to provide to Counsel’s Office copies of the following, provided that they have not been marked upon in any way and are not accompanied by any notes or other commentary: (a) press clips or articles, whether in hard copy or e-mail or electronic form, or (b) either of the two memoranda I sent on September 30, 2003, regarding document preservation.” Gonzales attaches a compliance certification that must be completed and returned by 5 p.m. October 7, 2003. The compliance certification includes the following paragraph: “I further understand that this certification is for purposes of a federal criminal investigation and that intentional false statements may result in criminal penalties or other sanctions.” (Alberto R. Gonzales 10/3/2003) In 2006, the media will learn that Gonzales withheld e-mails from the FBI that may have proven criminal complicity on the parts of senior White House officials, including Vice President Dick Cheney (see February 15, 2006).
The federal grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity subpoenas a large amount of White House records, including Air Force One telephone logs from the week before Plame Wilson’s public outing (see July 14, 2003); records created in July 2003 by the White House Iraq Group (WHIG—see August 2002), a White House public relations group tasked with crafting a public relations strategy to market the Iraq war to the public; a transcript of press secretary Ari Fleischer’s press briefing in Nigeria currently missing from the White House’s Web site (see 3:20 a.m. July 12, 2003); a list of guests at former President Gerald Ford’s July 16, 2003 birthday reception; and records of Bush administration officials’ contacts with approximately 25 journalists and news media outlets. The journalists include Robert Novak, the columnist who outed Plame Wilson, Newsday reporters Knut Royce and Timothy Phelps (see July 21, 2003), five Washington Post reporters including Mike Allen and Dana Priest (see September 28, 2003 and October 12, 2003), Time magazine’s Michael Duffy (see 11:00 a.m. July 11, 2003), NBC’s Andrea Mitchell (see July 8, 2003 and October 3, 2003), MSNBC’s Chris Matthews (see July 21, 2003), and reporters from the New York Times, Wall Street Journal, and the Associated Press. The subpoenas will be accompanied by a January 26 memo from White House counsel Alberto Gonzales that will set a January 29 deadline for production of the subpoenaed documents and records. Gonzales will write that White House staffers will turn over records of any “contacts, attempted contacts, or discussion of contacts, with any members of the media concerning [former ambassador Joseph] Wilson, his trip, or his wife, including but not limited to the following media and media personnel.” White House spokeswoman Erin Healy later says, “The president has always said we would fully comply with the investigation, and the White House counsel’s office has directed the staff to fully comply.” White House press secretary Scott McClellan will say: “It’s just a matter of getting it all together.… At this point, we’re still in the process of complying fully with those requests. We have provided the Department of Justice investigators with much of the information and we’re continuing to provide them with additional information and comply fully with the request for information.” (US District Court for the District of Columbia 1/22/2004; US District Court for the District of Columbia 1/22/2004; Brune 3/5/2004; Allen 3/6/2004)
Newsday reporters Knut Royce and Timothy Phelps, who co-authored a July 2003 article that confirmed the CIA status of Valerie Plame Wilson (see July 21, 2003), are both contacted by special counsel Patrick Fitzgerald. Their article quoted “intelligence officials” who confirmed that Plame Wilson was at the time an undercover official working on WMD issues. And Robert Novak, the columnist who outed Plame Wilson (see July 14, 2003), told Royce and Phelps that he was “given” the information about Plame Wilson by White House officials, who “thought it was significant.” Because the White House included Royce and Phelps as persons whose contacts with White House staffers should be disclosed (see September 30, 2003), Newsday removed both reporters from further coverage of the Plame Wilson story. Now Fitzgerald says he doesn’t want them to name the sources of their story, but he does want some information about their discussions with their sources. (Phelps later writes that in his estimation, he and Royce are the first reporters contacted by Fitzgerald, with the exception of Novak—see January 14, 2004). Lawyers for the reporters and Newsday wrangle the question, and Newsday publisher Raymond Jansen asks the reporters to cooperate as best they can without violating journalistic principles. Phelps later describes Fitzgerald’s request: “What Fitzgerald wanted us to do, among other things, was to differentiate between Source A, B, or C. Without giving up any names, would we simply outline which source had said what in our story?” Both reporters flatly refuse to cooperate. Fitzgerald threatens the reporters with a subpoena, but never actually serves them with a legal summons. (Phelps 1/1/2006)
Special counsel Patrick Fitzgerald informs Washington Post lawyer Eric Lieberman that he wants to interview Post reporters Walter Pincus and Glenn Kessler regarding the Plame Wilson identity leak. Additionally, he informs Newsday that he wants to interview reporters from that publication. Fitzgerald declines to specify what information he wants from the reporters. Both Pincus (see June 3, 2003, June 11, 2003, June 12, 2003, June 12, 2003, (July 11, 2003), and 1:26 p.m. July 12, 2003) and Kessler (see July 12, 2003) have some involvement in the White House’s attempt to discredit war critic Joseph Wilson, and in its outing of his wife, Valerie Plame Wilson, as a CIA official; so do Newsday reporters Knut Royce and Timothy Phelps (see February 2004). Some of the reporters will eventually cooperate, to a limited extent, with Fitzgerald’s investigation (see June 2004 and September 15, 2004). (Schmidt 5/15/2004; Schmidt 5/22/2004)
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