PLAME AFFAIR
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The 'Plame affair' (also known as the 'CIA leak scandal' or the 'CIA leak case') is a political controversy in the United States, involving high-level officials of the George W. Bush administration and members of the media, and resulting in a federal grand jury investigation, a criminal trial, and a civil suit. Beginning in mid-June 2003, according to federal court records, Bush administration officials, including Richard Armitage and Scooter Libby, discussed with various reporters the employment of a classified, covert, Central Intelligence Agency (CIA) officer, Valerie E. Wilson (also known as Valerie Plame).Unclassified official United States government records,"Exhibit A", of "Unclassified Summary of Valerie Wilson's CIA Employment and Cover History", from "Sentencing Memo Exhibits", in United States v. Libby, obtained through the Privacy Act, online posting, ''The Next Hurrah'' (blog), accessed May 26, 2007: 2-3.Joel Seidman, "Plame Was 'covert' Agent At Time of Name Leak", ''MSNBC.com'', May 29, 2007, accessed June 10, 2007. On July 14, 2003, a newspaper column entitled "Mission to Niger" by Robert Novak disclosed Plame's name and status as an "operative" who worked in a CIA division on the proliferation of weapons of mass destruction. Mrs. Wilson's husband, Ambassador Joseph C. Wilson, stated in various interviews and subsequent writings (as listed in his 2004 memoir ''The Politics of Truth'') that his wife's identity was covert and that members of the administration knowingly revealed it as retribution for his op-ed entitled "What I Didn't Find in Africa", published in ''The New York Times'' on July 6, 2003.Joseph C. Wilson 4th, "What I Didn't Find in Africa", ''The New York Times'', July 6, 2003, accessed June 10, 2007.
On September 16, 2003 the CIA sent a letter to the US Department of Justice, asserting that Plame's status as a CIA undercover operative was classified information and requesting a federal investigation.Stanley M. Moskowitz, Director of Congressional Affairs for the CIA, Letter to Representative John Conyers, Jr., January 30, 2004, online posting, ''Talking Points Memo Document Collection'', accessed June 10, 2007; full text of the letter rpt. in Wilson, ''The Politics of Truth'' 359; cf. 358, 360 (discussion). Attorney General John Ashcroft referred the matter to the U.S. Department of Justice Office of Special Counsel, directed by Patrick Fitzgerald, who convened a grand jury. The CIA leak grand jury investigation resulted in the indictment and conviction of I. Lewis Libby, Chief of Staff of Vice President Dick Cheney. The indictment was on five counts of obstruction of justice, perjury, and false statements to the grand jury and federal investigators on October 28, 2005; Libby resigned hours after the indictment. The federal trial ''United States v. Libby'' began on January 16, 2007. On March 6, 2007, Libby was convicted on four counts of perjury, obstruction of justice, and making false statements, and was acquitted of one count of making false statements.Michael J. Sniffen and Matt Apuzzo,"Libby Found Guilty in CIA Leak Trial", ''Associated Press'' March 6, 2007, accessed March 6, 2007."Libby Found Guilty of Perjury, Obstruction", ''CNN'' March 6, 2007, accessed March 6, 2007."Libby Lawyer Demands New Trial After Conviction", ''CNN'' March 6, 2007, accessed March 6, 2007. Libby was sentenced to 30 months in prison, a fine of US$250,000, and two years of supervised release after his prison term.Matt Apuzzo (Associated Press), "Libby Sentenced to 30 Months in Prison", ''America Online'', 5 June, 2007, accessed 5 June, 2007.Paul Courson, Brianna Keilar, and Brian Todd, "Libby Sentenced to 30 months in Prison", ''CNN.com'' 5 June, 2007, accessed 5 June, 2007. After the verdict, Special Counsel Fitzgerald stated that he does not expect anyone else to be charged in the case: "We're all going back to our day jobs." On July 2, 2007, President Bush commuted Libby's sentence, effectively erasing the 30 months he was supposed to spend in jail. The probation and fines still remain. The Wilsons also brought a civil law suit against Libby, Cheney, Karl Rove, and Richard Armitage.Associated Press, "Armitage Added To Plame Lawsuit: Ex-State Department Official Joins Cheney, Libby, Rove As Target In Suit", CBS News, September 13, 2006, accessed March 7, 2007.Joseph C. Wilson, "Statement in Response to Jury's Verdict in U.S. v. I. Lewis 'Scooter' Libby", press release, online posting, ''Citizens for Responsibility and Ethics in Washington'' (CREW) March 6, 2007, accessed March 6, 2007. On July 19, 2007, the civil suit was dismissed in United States District Court for the District of Columbia.[1] On behalf of the Wilsons, Citizens for Responsibility and Ethics in Washington filed an appeal of the U.S. District Court's decision the following day.Joseph and Valerie Wilson Legal Support Trust Home Page, [July 20, 2007], accessed July 27, 2007. Cf. "Statement on Ambassador Joseph and Valerie Wilsons' Appeal Filed on July 20", ''Citizens for Responsibility and Ethics in Washington'' (CREW), July 20, 2007, accessed July 27, 2007.
Prior to the 2003 invasion of Iraq, in his January 28, 2003, State of the Union Address, President George W. Bush stated the following controversial "16 words": "The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa." President Delivers "State of the Union" George W. Bush
In late February 2002, responding to inquiries from the Vice President's office and the Departments of State and Defense about the allegation that Iraq had a sales agreement to buy uranium in the form of yellowcake from Niger, the CIA had authorized a trip by Joseph C. Wilson to Niger to investigate the possibility. The former Prime Minister of Niger Ibrahim Hassane Mayaki reported to Wilson that he was unaware of any contracts for uranium sales to rogue states, though he was approached by a businessman on behalf of an Iraqi delegation about "expanding commercial relations" with Iraq, which Mayaki interpreted to mean uranium sales. Wilson ultimately concluded that there "was nothing to the story," and presented his report in March 2002. Report of the Select Committee on Intelligence (PDF)
After the March 2003 invasion of Iraq, Wilson wrote a series of op-eds (opposite editorials) questioning its factual basis (See "Bibliography" in ''The Politics of Truth''). In one of these op-eds published in the ''New York Times'' on July 6, 2003, Wilson argues that, in the State of the Union Address, President George W. Bush misrepresented intelligence leading up to the invasion and thus misleadingly suggested that the Iraqi regime sought uranium to manufacture nuclear weapons.
The Butler Report, the Iraq Intelligence Commission and the U.S. Senate Select Committee on Intelligence at various times concluded that Wilson's claims were incorrect. The Senate report stated that Wilson's report actually bolstered, rather than debunked, intelligence about purported uranium sales to Iraq. Plame's Input Is Cited on Niger Mission Report of the Select Committee on Intelligence (PDF) Wilson later took strong exception to these conclusions in his 2004 memoir ''The Politics of Truth''. The State Department also remained highly skeptical about the Niger claim. Plame's Input Is Cited on Niger Mission
Former CIA Director George Tenet said "[while President Bush] had every reason to believe that the text presented to him was sound," because "[f]rom what we know now, Agency officials in the end concurred that the text in the speech was factually correct — i.e. that the British government report said that Iraq sought uranium from Africa," nevertheless "[t]hese 16 words should never have been included in the text written for the President." Statement by George J. Tenet, Director of Central Intelligence With regard to Wilson's findings, Tenet stated: "Because this report, in our view, did not resolve whether Iraq was or was not seeking uranium from abroad, it was given a normal and wide distribution, but we did not brief it to the President, Vice-President or other senior Administration officials." George J. Tenet, Director of Central Intelligence
Eight days after Wilson's July 6 op-ed in ''The New York Times'', columnist Robert Novak wrote about Wilson's 2002 trip to Niger and subsequent findings and described Wilson's wife as an "agency operative."
Subsequent press accounts reported that "White House officials wanted to know how much of a role she had in selecting him for the assignment." First Source of C.I.A. Leak Said to Admit Role
Joe Wilson has said:
Stanley M. Moskowitz, CIA Director of Congressional Affairs, in his January 30, 2004 letter to Rep. John Conyers, Jr., who had queried the Director of Central Intelligence in an earlier letter of September 29, 2003, "regarding any contacts the... Agency (CIA) has had with the Department of Justice (DoJ) to request an investigation into the disclosure earlier that year of the identity of an employee operating under cover [Valerie E. Wilson, aka Valerie Plame]," writes that, after an internal inquiry into the matter, the CIA made a referral to the Department of Justice (DOJ) for investigation of "possible violation of criminal law concerning the unauthorized disclosure of classified information."
According to a letter of December 16, 2003 from Bruce C. Swartz, then Deputy Assistant Attorney General, to David Addington, then Counsel to Vice President Dick Cheney,[2] the Department of Justice's investigation concerned "the possible unauthorized disclosure of classified information in the July 14, 2003 edition of the ''Chicago Sun-Times'' and the July 22, 2003, edition of ''Newsday''."Robert D. Novak, "Mission To Niger", ''The Washington Post'', July 14, 2003 Columnist Blows CIA Agent's Cover In his book, '', Tenet writes "About two weeks after Novak's column appeared, CIA lawyers sent to the Justice Department a formal notification that classified information may have been inappropriately leaked to the media. CIA lawyers had to make that kind of notification about once a week on average. I was informed after the fact that a 'crimes report' had been submitted. I supported the action but had nothing to do with the decision". '', George Tenet, , , New York: HarperCollins, ,
A Special counsel, Patrick Fitzgerald, was appointed to lead the investigation. In a February 6, 2004, letter from the Justice Department to Fitzgerald, the Justice Department clarified to Fitzgerald that he had the authority to "prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice."[3]
On September 30, 2003, President Bush said that if there had been "a leak" from his administration about Plame, "I want to know who it is... and if the person has violated law, the person will be taken care of."[4] Initially, the White House denied that Karl Rove and Lewis "Scooter" Libby were involved in the leak.[5] In various legal filings, however, Fitzgerald alleged that both Rove and Libby had told several reporters about Plame's employment at the CIA. Libby was indicted on charges of obstruction of justice, perjury, and making false statements to the Federal Bureau of Investigation (FBI) and grand jury.United States District Court for the District of Columbia (October 28, 2005). in ''UNITED STATES OF AMERICA v. I. LEWIS LIBBY, also known as "SCOOTER LIBBY"''. Accessed February 17, 2007. (Full text of '' also accessible in Wikisource.) On June 13, 2006, Rove's lawyer, Robert Luskin, released a statement saying that Fitzgerald had informed him Rove would not be charged with any wrong-doing."Lawyer: Rove Won't Be Charged in CIA Leak Case", ''CNN.com'', June 13, 2006[6] On July 13, 2006, Joseph and Valerie Wilson filed a civil suit against Vice President Dick Cheney, his former Chief of Staff I. Lewis "Scooter" Libby, top Presidential advisor Karl Rove and other unnamed senior White House officials, for their alleged roles in the public disclosure of her classified CIA employment.[7]
The civil suit was dismissed on July 19, 2007. In dimissing the suit, United States District Judge John D. Bates wrote
Wilson said that his African diplomatic experience led to his selection for the mission to Niger. Ambassador Wilson, a retired diplomat and fluent in French, had served as a U.S. State Department general services officer in Niger, as an ambassador to Gabon and São Tomé and Príncipe, as Deputy Chief of Mission (DCM) in both Brazzaville, Republic of the Congo, and Iraq (taking over as Chief of Mission during the 1990–91 Gulf War), in other diplomatic postings, and in subsequent national security and military advisory roles concerning U.S.-African affairs under Presidents George H. W. Bush and Bill Clinton.
After being consulted by her superiors at the CIA about whom to send on the mission, Valerie E. Wilson, according to the Senate Select Committee on Intelligence, suggested Ambassador Wilson, her husband, whom she had married in 1998. Report of the Select Committee on Intelligence (PDF)
In the book ''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War'' by Michael Isikoff and David Corn, as Corn observes (before its release on September 8, 2006), they consider the issue of "whether Valerie Wilson had sent her husband to Niger to check out an intelligence report that Iraq had sought uranium there," presenting "new information undermining the charge that she arranged this trip. In an interview with the authors, Douglas Rohn, a State Department officer who wrote a crucial memo related to the trip, acknowledges he may have inadvertently created a misimpression that her involvement was more significant than it had been."[8] In the first week of Libby's trial, a CIA witness testified that Plame conceived the idea for the trip in response to questions from the Vice President's office and the State and Defense Departments regarding alleged attempts by Iraq to acquire uranium from Niger.[9] In his testimony to the grand jury, Libby testified that both he and Vice President Cheney believed that Joseph Wilson was qualified for the mission, though wondered if he would have been selected had his wife not worked at the CIA. Libby's Grand Jury Testimony (PDF) [10] On March 16, 2007, Valerie Plame addressed this question in sworn testimony to Congress: "I did not recommend him. I did not suggest him. There was no nepotism involved. I did not have the authority.... It's been borne out in the testimony during the Libby trial, and I can tell you that it just doesn't square with the facts." Plame hearing transcript [11][12] In his book, Tenet writes "Mid-level officials in CPD decided on their own initiative to [ask Joe Wilson to look into the Niger issue because] he'd helped them on a project once before, and he'd be easy to contact because his wife worked in CPD." , George Tenet, , , New York: HarperCollins, , In response to Plame's testimony, Republican Senators Kit Bond, Orinn Hatch, Richard Burr submitted additional views to the Senate report that stated "Mrs. Wilson told the CIA Inspector General that she suggested her husband for the trip, she told our committee staff that she could not remember whether she did or her boss did, and told the House Committee, emphatically, that she did not suggest him."[13] Also in the additional views is the full text of an e-mail message sent by Plame on Feb. 12, 2002 to the Directorate of Operations at CPD, in which she writes that Joe Wilson "may be in a position to assist" the CIA's inquiries into the Niger reports.[14]
After his identification by Corn and Isikoff in advance word of their book, Richard Armitage, a former deputy secretary of state, acknowledged that he was the initial and primary source for Novak's column of July 14, 2003, that disclosed the identity of Wilson's wife Valerie Plame as a CIA "operative". First Source of C.I.A. Leak Said to Admit Role
On March 6, 2007, Libby was found guilty on four of the five counts against him. At a press conference after the verdict was read, Fitzgerald told the press "I do not expect to file any further charges. Basically, the investigation was inactive prior to the trial.... I would not expect to see any further charges filed, we are all going back to our day jobs. If new information comes to light, if new information comes to us that would warrant us taking some action, we look forward to doing that. But I would not create the expectation that any of us will be doing further investigation at this point, we see the investigation as inactive."[15]
In his column of July 14, 2003, entitled "Mission to Niger," Robert Novak states that the choice to use Wilson "was made routinely at a low level without [CIA] Director George Tenet's knowledge." Novak goes on to identify Plame as Wilson's wife:
The suggestion that naming Plame as an agent is a serious crime first appeared in an article by David Corn published by ''The Nation'' on July 16, 2003, two days after Novak's column.[16] Corn quotes Joe Wilson:
In "The CIA Leak," published on October 1, 2003, Novak describes how he had obtained the information for his July 14, 2003, column "Mission to Niger":
In his column of October 1, 2003, 'The CIA Leak," Novak states that he included the paragraph about Wilson's wife "because it looked like the missing explanation of an otherwise incredible choice by the CIA for its mission." He writes:
In that column Novak also claims to have learned Mrs. Wilson's maiden name "Valerie Plame" from Joe Wilson's entry in ''Who's Who In America'',[17] though it was her CIA status rather than her maiden name which was a secret.
A day after the publication of the October 1 column, Novak announced on his TV program ''Crossfire'' on CNN that although "Ms. Valerie E. Wilson" had donated $1,000 to the Gore campaign in 1999, according to the website ''Newsmeat,'' listing Brewster Jennings & Associates as her employer, he was "convinced" that "[t]here is no such firm." Leak of Agent's Name Causes Exposure of CIA Front Firm Plame campaign contribution search Novak argued further that "CIA people are not supposed to list themselves with fictitious firms if they're under a deep cover — they're supposed to be real firms, or so I'm told. Sort of adds to the little mystery." Leak of Agent's Name Causes Exposure of CIA Front Firm Novak wrote in his column "It was well known around Washington that Wilson's wife worked for the CIA,"Robert D. Novak, "The CIA Leak", ''TownHall.com'', October 1, 2003, accessed December 12, 2006. though this assertion has been disputed.
According to Murray S. Waas in the ''American Prospect'' of February 12, 2004, the CIA source warned Novak several times against the publication: two "administration officials" spoke to the FBI and challenged Novak's account about not receiving warnings not to publish Plame's name; according to one of the officials, "At best, he is parsing words ... At worst, he is lying to his readers and the public. Journalists should not lie, I would think."[18] Prosecutor In CIA Leak Case Casting A Wide Net
Novak's critics argue that after decades as a Washington reporter, Novak was well aware of Plame's CIA status due to the wording he used in his column. A search of the ''LexisNexis'' database for the terms "CIA operative" and "agency operative" showed Novak had accurately used the terms to describe ''covert'' CIA employees, every time they appear in his articles. It's Clear the Leakers Knew What They Were Doing
On March 17, 2007, Plame testified before the House Committee on Oversight and Government Reform. She was asked how she learned of Novak's reference to her in his column. Plame told the committee "I found out very early in the morning when my husband came in and dropped the newspaper on the bed and said, 'He did it'.... We had indications in the week prior that Mr. Novak knew my identity and my true employer. And I of course alerted my superiors at the agency, and I was told, don't worry; we'll take care of it. And it was much to our surprise that we read about this July 14th.... I believe, and this is what I've read, that the then-spokesman, Mr. Harlow, spoke directly with Mr. Novak and said something along the lines of, don't go with this; don't do this. I don't know exactly what he said, but he clearly communicated the message that Mr. Novak should not publish my name." Plame hearing transcript
Novak has written that "the CIA never warned me that the disclosure of Wilson's wife working at the agency would endanger her or anybody else." The CIA Leak See also: "Novak: 'No great crime' with Leak", ''CNN.com'', October 1, 2003, accessed December 12, 2006. According to the ''Washington Post'', Harlow conveyed in an interview that "he warned Novak, in the strongest terms he was permitted to use without revealing classified information, that Wilson's wife had not authorized the mission and that if he did write about it, her name should not be revealed." Novak published a column refuting Harlow's claim.[19] In his book, George Tenet wrote "Bill [Harlow] struggled to convince Novak that he had been misinformed [about Wilson's wife being responsible for sending her husband to Niger]-and that it would be unwise to report Mrs. Wilson's name. He couldn't tell Novak that Valerie Wilson was undercover. Saying so over an open phone line itself would have been a security breach. Bill danced around the subject and asked Novak not to include her in the story. Several years and many court dates later, we know that the message apparently didn't get through, but Novak never told Bill that he was going to ignore his advice to leave Valerie's name out of his article."
In their article entitled "Columnist Blows CIA Agent's Cover," published in Newsday, on July 22, 2003, Timothy M. Phelps and Knut Royce report: "Novak, in an interview, said his sources had come to him with the information. 'I didn't dig it out, it was given to me,' he said. 'They thought it was significant, they gave me the name and I used it." "Columnist Blows CIA Agent's Cover" In response, although Phelps stands by the report, Novak has argued that he was "badly misquoted." Rove-Novak Call Was Concern To Leak Investigators In September 2003, on CNN's Crossfire, Novak asserted: "Nobody in the Bush administration called me to leak this. There is no great crime here," adding that while he learned from two administration officials that Plame was a CIA employee, "They asked me not to use her name, but never indicated it would endanger her or anybody else. According to a confidential source at the CIA, Mrs. Wilson was an analyst, not a spy, not a covert operative and not in charge of undercover operators." Novak: 'No great crime' with Leak In July 2005, it was revealed that Rove was Novak's second Bush administration source. Novak told Rove about Plame, using her maiden name, and Rove responded by saying "I heard that, too", or "Oh, you know about it." The Second Source Through his personal attorney, Robert Luskin, Rove has stated that other media sources told him about Plame, although he's not sure which journalist first told him.
After the indictment of Lewis Libby and the expiration of the term of the initial Grand Jury, Michael Isikoff revealed portions of his new book entitled ''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War'', co-authored with David Corn, in the August 28, 2006, issue of ''Newsweek''. Isikoff reports that then Deputy Secretary of State Richard Armitage had a central role in the Plame affair. The Man Who Said Too Much
In their book ''Hubris'' Isikoff and Corn reveal — as both Armitage and syndicated columnist Robert Novak acknowledged publicly later — that Armitage was Novak's "initial" and "primary source" for Novak's July 2003 column that revealed Plame's identity as a CIA operative and that after Novak revealed his "primary source" (Novak's phrase) was a "senior administration official" who was "not a partisan gunslinger," Armitage phoned Colin Powell that morning and was "in deep distress." Reportedly, Armitage told Powell: "I'm sure [Novak is] talking about me." In his ''Newsweek'' article, Isikoff states:
According to Isikoff, as based on his sources, Armitage told Bob Woodward Plame's identity three weeks before talking to Novak, and Armitage himself was aggressively investigated by special counsel Patrick Fitzgerald, but was never charged because Fitzgerald found no evidence that Armitage knew of Plame's covert CIA status when he talked to Novak and Woodward.
In an August 27, 2006, appearance on ''Meet the Press'', Novak is asked if indeed Armitage was his source of Mrs. Wilson's identity as a CIA operative. Novak responds: "I told Mr. Isikoff... that I do not identify my sources on any subject if they’re on a confidential basis until they identify themselves... I’m going to say one thing, though, I haven’t said before. And that is that I believe that the time has way passed for my source to identify himself."Transcript, ''Meet the Press'', broadcast on MSNBC, August 27, 2006.
On August 30, 2006, the New York Times reports that the lawyer and other associates of Mr. Armitage confirmed he was Novak's "initial and primary source" for Plame's identity. First Source of C.I.A. Leak Said to Admit Role ''The New York Times'' also reports "Mr. Armitage cooperated voluntarily in the case, never hired a lawyer and testified several times to the grand jury, according to people who are familiar with his role and actions in the case. He turned over his calendars, datebooks and even his wife’s computer in the course of the inquiry, those associates said. But Mr. Armitage kept his actions secret, not even telling President Bush because the prosecutor asked him not to divulge it, the people said... Mr. Armitage had prepared a resignation letter, his associates said. But he stayed on the job because State Department officials advised that his sudden departure could lead to the disclosure of his role in the leak, the people aware of his actions said.... He resigned in November 2004, but remained a subject of the inquiry until [February 2006] when the prosecutor advised him in a letter that he would not be charged." New Questions About Inquiry in C.I.A. Leak
In an interview with CBS News first broadcast on September 7, 2006, Armitage admits that he was Novak's "initial" and "primary source" (Novak's words). In the interview he describes his conversation with Novak:
After acknowledging that he was indeed Robert Novak's initial and primary source for the column outing Plame, Richard Armitage refers to what has been termed "a classified State Department memorandum" which purportedly refers to Valerie Wilson.
While the document is "classified," Armitage states, "it doesn't mean that every sentence in the document is classified.... I had never seen a covered agent's name in any memo in, I think, 28 years of government.... I didn't know the woman's name was Plame. I didn't know she was an operative.... I didn't try to out anybody." Armitage on CIA Leak — 'I Screwed Up' In a phone interview with ''The Washington Post'', Armitage reiterates his claim, stating that in 40 years of reading classified materials "I have never seen in a memo... a covert agent's name." Armitage Says He Was Source of CIA Leak
According to ''The Washington Post'', Armitage attributes his not being charged in the investigation to his candor in speaking with investigators about his action; he says that he turned over his computers and never hired an attorney: "'I did not need an attorney to tell me to tell the truth.'"
Novak disputes Armitage's claim that the disclosure was "inadvertent." In a column titled ''The real story behind the Armitage story'', Novak states: "First, Armitage did not, as he now indicates, merely pass on something he had heard and that he 'thought' might be so. Rather, he identified to me the CIA division where Mrs. Wilson worked, and said flatly that she recommended the mission to Niger by her husband, former Ambassador 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... he noted that the story of Mrs. Wilson's role fit the style of the old Evans-Novak column — implying to me it continued reporting Washington inside information." Novak also disputes Armitage's claim that he learned he was Novak's "primary source" (Novak's phrase) only after reading Novak's October 1 column: "I believed [Washington lobbyist Kenneth Duberstein, Armitage's close friend and political adviser] contacted me Oct. 1 because of news the weekend of Sept. 27–28 that the Justice Department was investigating the leak." The Real Story behind the Armitage Story
In a review of Corn's and Isikoff's book, ''Hubris'', Novak writes: "I don't know precisely how Isikoff flushed out Armitage [as Novak's "primary source"], but ''Hubris'' clearly points to two sources: Washington lobbyist Kenneth Duberstein, Armitage's political adviser, and William Taft IV, who was the State Department legal adviser when Armitage was deputy secretary."Robert Novak, "Who Said What When: The Rise and fall of the Valerie Plame 'scandal'", ''The Weekly Standard'', October 16, 2006, book review of "Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War," by Michael Isikoff and David Corn, accessed October 8, 2008.
Armitage also acknowledges that he was Woodward's source. At the end of a lengthy interview conducted in the first week of September 2006, he describes his June 2003 conversation with Woodward as an afterthought: "He said, 'Hey, what's the deal with Wilson?' and I said, 'I think his wife works out there.'" Armitage Says He Was Source on Plame
On February 12, 2007, Novak testified in Libby's trial. As Michael J. Sniffen of the Associated Press reports:
In his memoir, titled "The Prince of Darkness: 50 Years of Reporting In Washington," Novak writes that after Armitage revealed to him that Joe Wilson's wife worked at the CIA, "Armitage smiled and said: 'That's real Evans and Novak, isn't it?.' I believe he meant that was the kind of inside information that my late partner, Rowland Evans, and I had featured in our column for so long. I interpreted that as meaning Armitage expected to see the item published in my column."[20]
The matter of the leak of Valerie Wilson's classified CIA covert identity as Valerie Plame was investigated by the U.S. Department of Justice Office of Special Counsel.
The redactions in a March 1, 2006, affidavit by Special Counsel Patrick Fitzgerald suggest that he was aware then of the identity of Novak's original source. According to the affidavit,
In May 2006, it was reported that on September 29, 2003, the same day on which Novak made a statement on the ''Crossfire'' television program about the investigation, and three days after it became known that the CIA had asked the Justice Department to launch an investigation, Novak and Rove had a telephone converstation in which Novak told Rove he would protect him from being harmed by the investigation. According to the ''National Journal'', "Rove testified to the grand jury that during his telephone call with Novak, the columnist said words to the effect: 'You are not going to get burned' and 'I don't give up my sources.'" When "asked during his grand jury appearance his reaction to the telephone call," the ''National Journal'' continues, "Rove characterized it as a 'curious conversation' and didn't know what to make of it." Rove-Novak Call Was Concern to Leak Investigators
On July 11, 2006, Robert Novak posted a column entitled "My Role in the Valerie Plame Leak Story":
Novak dispells rumors that he asserted his Fifth Amendment right and made a plea bargain, stating:
Novak continues:
Novak says that he did not reveal his "primary source" in the column because Novak also states that Rove's and Bill Harlow's recollections of their conversations with Novak about Plame differed from his. Harlow is the person whom Novak refers to as his "CIA source" for his column "Mission to Niger". My Role in the Valerie Plame Leak Story
On October 28, 2005, Special Counsel Patrick Fitzgerald issued a five-count indictment of "Scooter" Libby, Vice President Cheney's former Chief of Staff, leading Libby to resign his post hours later, to his trial United States v. Libby, and to his conviction in that trial on four counts of perjury and obstruction of justice for lying during the leak investigation on March 6, 2007,. It is the only indictment brought by the grand jury, and Fitzgerald has stated that he does not expect to be indicting anyone else, citing repeatedly Libby's obstruction of justice as a main impediment to finding out what happened in investigating the leak of Valerie Wilson's classified, covert CIA identity.
The Grand Jury Investigation indictment of Libby states:
According to Special Counsel Patrick Fitzgerald, Libby first learned of Valerie Wilson's employment at the CIA in early June 2003 from Vice President Dick Cheney and proceeded to discuss her with six other government officials in the following days and months before disclosing her name to reporters Judith Miller and Matthew Cooper in early July 2003. Fitzgerald asserts that Vice President Cheney told Libby about Mrs. Wilson's CIA employment as the two crafted a response to an inquiry about Wilson's trip from reporter Walter Pincus. While her name was not disclosed to Pincus, Fitzgerald asserts that Pincus's inquiry "further motivated [Libby] to counter Mr. Wilson’s assertions, making it more likely that [Libby's] disclosures to the press concerning Mr. Wilson's wife were not casual disclosures that he had forgotten by the time he was asked about them by the Federal Bureau of Investigation and before the grand jury."[21]
Libby does not dispute that he initially heard about Mrs. Wilson from Cheney, but he claims that he had no recollection of that fact when he told the FBI in October 2003 and the grand jury in March 2004 that he remembered first learning about Mrs. Wilson in a conversation with NBC’s Tim Russert on July 10, 2003. Libby told the grand jury that only after he was shown his calendar and notes by investigators did he remember that he actually learned the information about Mrs. Wilson from Cheney in June 2003. During Libby's trial, Libby's lawyers argued that Libby’s testimony to the grand jury and his interviews with the Federal Bureau of Investigation may have contained inaccuracies but that they were the result of innocent memory lapses explained by his pressing schedule of national security issues. Libby's defense lawyers also challenged the memory and recollections of each prosecution witness.
According to press accounts Cheney told investigators that he had learned of Mrs. Wilson's employment by the CIA and her potential role in her husband being sent to Niger by then-CIA director George Tenet, though it's unclear whether Cheney was made aware of her classified status. Tenet has told investigators that he had no specific recollection of discussing Plame or her role in her husband's trip with Cheney. Tenet did recall, however, that he made inquiries regarding the veracity of the Niger intelligence information as a result of inquires from both Cheney and Libby. According to press accounts, Libby told investigators that on July 12, 2003, while aboard Air Force Two, he and Cheney may have discussed leaking information about Plame to reporters. Libby told investigators he believed at the time that the information about Plame had come from Russert. After arriving back in Washington, according to Cooper's and Miller's testimony at Libby's trial, Libby spoke to both of them by telephone and confirmed to them that Plame worked for the CIA and may have played a role in sending her husband to Niger. FBI agent Deborah Bond testified at Libby's trial that during Libby's second FBI interview in his office on November 23, 2003, Libby was asked about the July 12 flight. Bond testified Libby told the FBI "there was a discussion whether to report to the press that Wilson's wife worked for the CIA." She added that Mr. Libby expressed some doubt, however, adding "Mr. Libby told us he believed they may have talked about it, but he wasn't sure." She testified that Libby did say he had discussed Wilson's wife with Cheney sometime after allegedly discussing her with Russert. Libby reportedly told investigators that neither the president nor the vice president specifically directed him or other administration officials to disclose Plame's CIA employment to the press.[22][23][24][25][26]
According to court documents, by December 2004 Fitzgerald lacked evidence to prove Libby had violated the Intelligence Identities Protection Act and was pursuing charges related to "perjury, false statements and the improper disclosure of national defense information." Appeals from the United States District Court for the District of Columbia IN RE: GRAND JURY SUBPOENA, JUDITH MILLER
During Libby's trial, the prosecution focused the jury on a sequence of events occurring between May and July 2003. According to prosecutors, given the level of interest coming from the Vice President's office regarding Joe Wilson, it was impossible for Libby to have forgotten during his FBI interviews and grand jury testimony that he already knew that Wilson's wife worked for the CIA.[27][28][29][30][31][32][33]
On March 6, 2007, Libby was found guilty on four of the five counts against him. After the verdict was read to the court, Denis Collins, a member of the jury and a journalist who has written for ''The Washington Post'' and other newspapers, spoke to the press. According to Collins, some in the jury felt sympathy for Libby and believed he was only the "fall guy." Collins said that "a number of times" the jurors asked themselves, "what is [Libby] doing here? Where is Rove and all these other guys. I’m not saying we didn’t think Mr. Libby was guilty of the things we found him guilty of. It seemed like he was, as Mr. Wells [Ted Wells, Libby’s attorney] put it, he was the fall guy."
According to Collins, "What we’re in court deciding seems to be a level or two down from what, before we went into the jury, we supposed the trial was about, or had been initially about, which was who leaked [Plame’s identity]. Some jurors commented at some point: ‘I wish we weren’t judging Libby. You know, this sucks. We don’t like being here.’ But that wasn’t our choice." Collins described how after 10 days of deliberations, "What we came up with from that was that Libby was told about Mrs. Wilson nine times...We believed he did have a bad memory, but it seemed very unlikely he would not remember about being told about Mrs. Wilson so many times....Hard to believe he would remember on Tuesday and forget on Thursday." Juror Explains Libby Verdict: They Felt He Was 'Fall Guy' 'Where’s Rove? Where are these other guys?': Juror Says Libby Was Guilty But Was Set Up to Take the Fall in Plame Probe Collins told the press "Well, as I said before, I felt like it was a long, you know, haul to get this jury done. And if Mr. Libby is pardoned, I would have no problem with that." Transcript of ''Hardball with Chris Matthews''
Another member of the jury, Ann Redington, who broke down and cried as the verdict was being read, also told Chris Matthews, in a March 7, 2007, appearance on ''Hardball'', that she hoped Libby would eventually be pardoned by President Bush; she told Matthews that she believed Libby "got caught in a difficult situation where he got caught in the initial lie, and it just snowballed" and added: "It kind of bothers me that there was this whole big crime being investigated and he got caught up in the investigation as opposed to in the actual crime that was supposedly committed."[34]
On May 25, 2007, in a court filing, Fitzgerald asked Judge Reggie B. Walton to sentence Libby to 30 to 37 months in jail, because Libby had "expressed no remorse, no acceptance of responsibility and no recognition that there is anything he should have done differently." Fitzgerald stated "Mr. Libby was a high-ranking government official whose falsehoods were central to issues in a significant criminal investigation, it is important that this court impose a sentence that accurately reflects the value the judicial system places on truth-telling in criminal investigations."[35] The defense sought leniency based on Libby's record of public service.[36]
The Probation Office's recommended sentence to Judge Walton was cited in court documents to be no more than 15 to 21 months of incarceration. According to court documents, the Probation Office opined that the more serious sentencing standards should not apply to Libby since "the criminal offense would have to be established by a preponderance of the evidence,...[and] the defendant was neither charged nor convicted of any crime involving the leaking of Ms. Plame’s ‘covert’ status."[37][38]
On June 5, 2007, Libby was sentenced to 30 months in prison, a fine of US$250,000, and two years of probation (supervised release) after the expiration of his prison term.[39] According to ''The Washington Post'', Judge Walton expressed his belief that the trial did not prove Libby knew that Plame worked in an undercover capacity when he disclosed her identity to several reporters. He added, however, that "anybody at that high-level position had a unique and special obligation before they said anything about anything associated with a national security agency [to] . . . make every conceivable effort" to verify their status before releasing information about them. Walton stated "While there is no evidence that Mr. Libby knew what the situation was, he surely did not take any efforts to find out,...I think public officials need to know if they are going to step over the line, there are going to be consequences. . . . [What Libby did] causes people to think our government does not work for them."[40]
On July 2, 2007, President Bush commuted the sentence. No pardon was given, and the fine and probation, as well as the felony conviction remain. The statement said: "Mr. Libby was sentenced to thirty months of prison, two years of probation, and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation. I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison. My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby."[41]
On July 5, 2007, it was reported that Libby had sent a cashier’s check dated July 2 in the amount of $250,400 to the court clerk of the District of Columbia. NBC News reported that Libby paid the fine through his personal funds and not through a defense fund set up in his name.[42][43]
On July 12, 2007, President Bush held a press conference and was asked about his commutation of Libby's prison sentence. Bush told reporters:
:"First of all, the Scooter Libby decision was, I thought, a fair and balanced decision. Secondly, I haven't spent a lot of time talking about the testimony that people throughout my administration were forced to give as a result of the special prosecutor. I didn't ask them during the time and I haven't asked them since.
:"I'm aware of the fact that perhaps somebody in the administration did disclose the name of that person, and I've often thought about what would have happened had that person come forth and said, I did it. Would we have had this, you know, endless hours of investigation and a lot of money being spent on this matter? But it's been a tough issue for a lot of people in the White House, and it's run its course and now we're going to move on."[44]
In his grand jury testimony, Karl Rove testified he learned of Plame's CIA affiliation from journalists and not from government officials. Rove testified that Novak called him in July 2003 to discuss a story unrelated to Plame or Wilson. Eventually, according to Rove, Novak told him he planned to report in an upcoming column that Plame worked for the CIA. Rove told the grand jury that by the time Novak had called him, he had already learned of Plame from other reporters, but that he could not recall which reporters had told him. When Novak inquired about Wilson's wife working for the CIA, Rove indicated he had heard something like that, according to the source's recounting of the grand jury testimony for the Associated Press. Rove told the grand jury that three days later, he had a phone conversation with Time magazine reporter Matt Cooper and, in an effort to discredit some of Wilson's allegations, informally told Cooper that he believed Wilson's wife worked for the CIA, though he never used her name. Rove also testified to the grand jury that he had heard from Libby that Plame worked for the CIA. Rove testified that Libby told him that he heard the information from journalists.[45] Why Rove Testified for a Fifth Time
The indictment of Libby states: "On or about July 10 or July 11, 2003, LIBBY spoke to a senior official in the White House ("Official A") who advised LIBBY of a conversation Official A had earlier that week with columnist Robert Novak in which Wilson’s wife was discussed as a CIA employee involved in Wilson’s trip. LIBBY was advised by Official A that Novak would be writing a story about Wilson’s wife." Though never confirmed by Fitzgerald, it has been reported that Rove was "Official A."[46] "Libby Indictment"
On July 2, 2005, Karl Rove's lawyer, Robert Luskin, confirmed that Rove spoke to ''Time'' reporter Matt Cooper "three or four days" before Plame's identity was first revealed in print by commentator Robert Novak. Cooper's article in ''Time'', citing unnamed and anonymous "government officials," confirmed Plame to be a "CIA official who monitors the proliferation of weapons of mass destruction." Cooper's article appeared three days after Novak's column was published. Rove's lawyer asserted that Rove "never knowingly disclosed classified information" and that "he did not tell any reporter that Valerie Plame worked for the CIA." When to Give Up a Source Lawyer Says Rove Talked to Reporter, Did Not Leak Name Luskin also has said that his client did not initiate conversations with reporters about Plame and did not encourage reporters to write about her. Obvious Question in Plame Case Had Early Answer
Initially, Rove failed to tell the grand jury about his conversations with Cooper. According to Rove, he only remembered he had spoken to Cooper after discovering a July 11, 2003, White House e-mail that Rove had written to then-deputy National Security advisor Stephen J. Hadley in which Rove said he had spoken to Cooper about the Niger controversy. Luskin also testified before the grand jury. He told prosecutors that ''Time'' reporter Viveca Novak had told him prior to Rove's first grand jury appearance that she had heard from colleagues at Time that Rove was one of the sources for Cooper's story about Plame. Luskin in turn said that he told Rove about this, though Rove still did not disclose to the grand jury that he had ever spoken to Cooper about Plame. Viveca Novak testified she couldn't recall when she spoke to Luskin. Rove testified a total of five times before the federal grand jury investigating the leak. After Rove's last appearance, Luskin released a statement that read in part: "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."[47]
On July 11, 2006, Robert Novak confirmed that Rove was his second source for his article that revealed the identity of Valerie Plame as a CIA agent, the source who confirmed what Armitage had told him."Novak: Rove Confirmed Plame's Identity: Columnist Reveals Cooperation in Probe, Won't Name First Source", CNN July 11, 2006, accessed February 19, 2007.
On February 12, 2007, Novak testified in Libby's trial. As Michael J. Sniffen of the Associated Press reports:
Shortly after the publication of Novak's article, Rove also reportedly called Chris Matthews and told him off the record
that "Wilson's wife is fair game." "United States District Court for the District of Columbia Memorandum Opinion" Russ Hoyle, "The Niger Affair: The Investigation That Won't Go Away," "Foreword" (xiii-xlix) in Joseph C. Wilson, IV, ''The Politics of Truth: Inside the Lies that Put the White House on Trial and Betrayed My Wife's CIA Identity: A Diplomat's Memoir'', rev. ed. (2004; New York: Carroll & Graf Publishers, 2005) xl: "Rove reportedly told MSNBC's Chris Matthews, the host of the political talk show ''Hardball'', that the White House considered Wilson and his wife fair game for poiltical payback." Cf. Joseph C. Wilson, "The Sixteen Words", chap. 1 in ''The Politics of Truth'':
Court documents reveal that in December 2004, Fitzgerald was pursuing perjury charges against Rove. Appeals from the United States District Court for the District of Columbia IN RE: GRAND JURY SUBPOENA, JUDITH MILLER Like Armitage, who was Novak's first source of the leak, Rove was not indicted as a result of Fitzgerald's Grand Jury Investigation.[49]
On July 8, 2007, Rove spoke publicly about the investigation at the Aspen Ideas Festival question-and-answer session. Rove told the audience "My contribution to this was to say to a reporter, which is a lesson about talking to reporters, the words 'I heard that too,'...Remember, the underlying offense of Armitage talking to Novak was no violation. There was no indictment."[50][51]
After announcing his resignation from the Bush Administration, Rove appeared on Fox News Sunday and Meet the Press, and discussed his role in the Plame affair. According to Rove, he didn't believe he was a confirming source for Robert Novak and Matt Cooper with regard to Plame. Rove also reiterated that he first learned of Plame from another reporter, though would not disclose which reporter. Rove told Gregory "I acted in an appropriate manner, made all the appropriate individuals aware of, of, of my contact. I met with the FBI right at the beginning of this, told them everything. You’re right, the special prosecutor declined to take any action at all. I was never a target." Rove told Chris Wallace on ''Fox News Sunday'' "I didn't know her name, didn't know her status at the CIA." ‘Meet the Press’ transcript for Aug. 19, 2007 [52]
In January 2007, during the first week of Scooter Libby's trial, it was revealed in court proceedings that former White House Press Secretary Ari Fleischer was granted immunity from prosecution by Patrick Fitzgerald in February 2004.[53] Fleischer reportedly acknowledged discussing Valerie Plame with reporters, but promised to cooperate with Fitzgerald's investigation only if granted immunity. Once the deal was struck, Fleischer told Fitzgerald that he had discussed Plame with David Gregory of ''NBC News'' and John Dickerson of ''Time'' in July 2003, days before leaving his job at the White House. Fleischer testified that he first learned about Plame and her CIA affiliation during a July 7, 2003, lunch with Libby. Fleischer also testified that four days later, while aboard Air Force One and during a five-day trip to several African nations, he overheard Dan Bartlett reference Plame. According to Fleischer, Bartlett stated to no one in particular "His wife sent him...She works at the CIA." Shortly after overhearing Bartlett, Fleischer proceeded to discuss Plame with Gregory and Dickerson. According to Fleischer, neither Gregory nor Dickerson showed much interest in the information. Dickerson has denied Fleischer's account.[54] Gregory has declined to comment on the matter.[55] With regards to the immunity deal, Fitzgerald told the court "I didn't want to give [Fleischer] immunity. I did so reluctantly." Libby's attorney, William Jeffress, sought to learn more about the deal, telling the court "I'm not sure we're getting the full story here." According to Matt Apuzzo of the Associated Press, "Prosecutors normally insist on an informal account of what a witness will say before agreeing to such a deal. It's known in legal circles as a proffer, and Fitzgerald said [in court] he never got one from Fleischer."[56][57][58]
In a January 23, 2006, letter to Scooter Libby's defense team, Patrick Fitzgerald states:
On November 16, 2005, in an article entitled "Woodward Was Told of Plame More Than Two Years Ago," published in ''The Washington Post,'' Jim VandeHei and Carol D. Leonnig revealed that Bob Woodward was told of Valerie Wilson's CIA affiliation a month before it was reported in Robert Novak's column and before Wilson's July 6, 2003 editorial in the New York Times. Woodward Was Told of Plame More Than Two Years Ago At an on-the-record dinner at a Harvard University Institute of Politics forum in December 2005, according to the ''Harvard Crimson'', Woodward discussed the matter with fellow Watergate reporter Carl Bernstein, responding to Bernstein’s claim that the release of Plame’s identity was a "calculated leak" by the Bush administration with "I know a lot about this, and you’re wrong." The ''Crimson'' also states that "when asked at the dinner whether his readers should worry that he has been 'manipulated' by the Bush administration, Woodward replied, 'I think you should worry. I mean, I worry.'" Woodward Said Novak's Source 'Was Not in the White House'
Although it had been reported in mid-November 2005 that Novak's source was National Security Advisor Stephen Hadley, National Security Adviser Was Woodward's Source, Attorneys Say Security Adviser Named As Source in CIA Scandal almost a year later media reports revealed that the source of this information was Richard Armitage,which Armitage himself also confirmed.Michael Isikoff, "The Man Who Said Too Much," ''Newsweek'', August 28, 2006.
On February 12, 2007, Woodward testified in "Scooter" Libby's trial as a defense witness. While on the witness stand, an audiotape was played for the jury that contained the interview between Armitage and Woodward in which Plame was discussed. The following exchange is heard on the tape:
New York Times reporter Judith Miller also claims to have learned Plame's CIA affiliation from Scooter Libby. Though she never published an article on the topic, Miller spent twelve weeks in jail when she was found in contempt of court for refusing to divulge the identity of her source to Fitzgerald's Grand Jury after he subpoenaed her testimony. Miller told the court, before being ordered to jail, "If journalists cannot be trusted to keep confidences, then journalists cannot function and there cannot be a free press." Miller was released from jail on September 29, 2005, after Libby assured her in a telephone call that a waiver he gave prosecutors authorizing them to question reporters about their conversations with him was not coerced. Libby also wrote Miller a letter while she was in jail urging her to cooperate with the special prosecutor.[59] The letter has come under scrutiny, and Fitzgerald asked Miller about it during her grand jury testimony.[60] Fitzgerald attempted to enter the letter into evidence at Libby's trial, arguing it showed Libby tried to influence her prospective testimony to the grand jury. Judge Walton ruled it inadmissible.[61]
Miller testified twice before the grand jury and wrote an account of her testimony for the ''New York Times''.
New York Times Reporter Jailed Jailed Reporter Reaches Deal in CIA Leak Probe My Four Hours Testifying in the Federal Grand Jury Room Cooper Agrees to Testify to Plame Grand Jury, Avoids Jail [62][63]
In her testimony at Libby's trial, Miller reiterated that she learned of Plame from Libby on June 23, 2003, during an interview at the Old Executive Office Building, and on July 8, 2003, during a breakfast meeting at the St. Regis Hotel in Washington D.C. At the July 8 meeting, which occurred two days after Joe Wilson's op-ed in the ''New York Times'', Libby told the grand jury "that he was specifically authorized in advance... to disclose the key judgments of the classified [October 2002] NIE to Miller" to rebut Wilson's charges. Libby "further testified that he at first advised the Vice President that he could not have this conversation with reporter Miller because of the classified nature of the NIE", but testified "that the Vice President had advised [Libby] that the President had authorized [Libby] to disclose relevant portions of the NIE."[25][65][24]
Miller was pressed by the defense at Libby's trial about conversations she may have had with other officials regarding the Wilsons. Miller also testified that after her conversation with Libby, she went to New York Times managing editor Jill Abramson and suggested the ''Times'' look into Wilson's wife. Abramson, however, testified at the trial that she had "no recollection of such a conversation." Former Times Reporter Testimony Is Challenged [67]
According to Denver criminal defense attorney Jeralyn Merritt, a press-accredited blogger who attended the trial, "After Judith Miller's testimony, Libby lawyer Ted Wells told the judge he would be moving for a judgment of acquittal on a count pertaining to her." Libby: One Part of Judith Miller Count May Be Dropped Neil A. Lewis reported in ''The New York Times'' on February 9, 2007, that "The Libby defense won a victory of sorts when Judge Reggie B. Walton agreed to exclude part of one of the five felony counts against Mr. Libby. But it remained unclear whether the change, which was not contested by the prosecutors, would matter in jury deliberations," and some speculated that Libby's conversation with Miller would be dropped from count 1 of the indictment. NBC’s Russert Wraps Up Prosecution Case in Libby Trial At Libby's sentencing hearing, Libby's lawyers filed a response to the Government's sentencing request. Libby's filing read, in part, "At the close of the government’s case, the defense moved to dismiss from the indictment the allegation that Mr. Libby had lied about his July 12 conversation with Ms. Miller, because the evidence did not support this allegation. The government did not oppose this motion, and the Court granted it."[68]
After the verdict was read, a juror told the press that while Miller's memory may have been bad, many on the jury felt sympathy for her due to the nature of her cross-examination. The juror also stated that Miller was deemed credible during deliberations due to the fact that she had made notes of her meeting with Libby. Juror Explains Libby Verdict: They Felt He Was 'Fall Guy' 'Where's Rove? Where are these other guys?': Juror Says Libby Was Guilty But Was Set Up to Take the Fall in Plame Probe
Walter Pincus, a Washington Post columnist, has reported that he was told in confidence by an unnamed Bush administration official on July 12, 2003, two days before Novak's column appeared, that Because he did not believe it to be true, Pincus claims, he did not report the story in ''The Washington Post'' until October 12, 2003:
On February 12, 2007, Pincus testified during Libby's trial that he learned Wilson's wife worked at the CIA from Ari Fleischer. According to Pincus, Fleischer "suddenly swerved off" topic during an interview to tell him of her employment. Fleischer, who was called to testify by the prosecution, had earlier testified he told two reporters about Valerie Plame, but on cross-examination testified that he did not recall telling Pincus about Plame.
Days after Novak's initial column appeared, Matthew Cooper of ''Time'' magazine published Plame's name citing unnamed government officials as sources. In his article, entitled "A War on Wilson?", Cooper raises the possibility that the White House has "declared war" on Wilson for speaking out against the Bush Administration. "A War on Wilson?" Cooper initially refused to testify before the grand jury, and was prepared to defy a court order and spend time in jail to protect his sources. At a court hearing, where Cooper was expected to be ordered to jail, Cooper told U.S. District Judge Thomas Hogan: "I am prepared to testify. I will comply. Last night I hugged my son good-bye and told him it might be a long time before I see him again. I went to bed ready to accept the sanctions." Cooper explained that before his court appearance, he had received "in somewhat dramatic fashion" a direct personal communication from his source freeing him from his commitment to keep the source's identity secret. In an interview with National Review Online, Robert Luskin, Rove's attorney, stated: "Cooper's lawyer called us and said, 'Can you confirm that the waiver [Rove originally signed in December 2003 or in January 2004] encompasses Cooper?' I was amazed...So I said, 'Look, I understand that you want reassurances. If Fitzgerald would like Karl to provide you with some other assurances, we will.'" Cooper testified before the grand jury and wrote an account of his testimony for ''Time''. Cooper told the grand jury his sources for his article, "A War on Wilson?", were Karl Rove and Scooter Libby. What I Told The Grand Jury [69][70]
During his appearance at Libby's trial, Cooper recounted how he first learned about Valerie Wilson on July 11, 2003, from Karl Rove. Cooper testified that Rove told him to be wary of Joe Wilson’s criticisms in ''The New York Times''. "Don’t go too far out on Wilson," Cooper recalled Rove saying, adding that Wilson's wife worked at "the agency." Rove reportedly ended the call by saying, "I've already said too much." United States District Court for the District of Columbia Memorandum Opinion Cooper testified that when he spoke to Libby, he told Libby that he had heard that Joe Wilson’s wife worked at the C.I.A. According to Cooper, Libby responded, "I heard that too." Former Times Reporter Testimony Is Challenged In Libby's grand jury testimony, Libby recalled telling Cooper that he'd heard something to that effect but that he didn't know for sure if it were true. In Libby's trial, Cooper's notes became the subject of intense scrutiny by the defense.[71][72][73]
Libby was acquitted on one count involving Cooper. A juror told the press that count three of the indictment came down to Libby's word versus Cooper's word, and thus provided enough reasonable doubt. Juror Explains Libby Verdict: They Felt He Was 'Fall Guy'
According to Patrick Fitzgerald and the Grand Jury Investigation indictment, in his sworn testimony, Libby claimed to have heard of Plame's CIA status from Tim Russert.
Both Russert and Libby testified that Libby called Russert on July 10, 2003 to complain about the MSNBC program Hardball and comments that were made on that show about Libby and Cheney with regard to Wilson's Niger trip and subsequent op-ed. Libby contends, however, that at the end of that conversation, Russert asked him: "Did you know that Ambassador Wilson's wife works at the CIA? All the reporters know it."[74] Libby's Grand Jury Testimony
At Libby's trial, Russert was questioned by prosecutors for only 12 minutes, but underwent more than five hours of pointed cross-examination over two days from defense attorney Theodore Wells Jr. Russert told prosecutors that he could not have told Libby about Plame because he had not heard of her until she was publicly revealed by Novak on July 14, 2003, four days after Russert spoke with Libby by phone. Wells challenged Russert's memory and his version of the events that lead to his crucial grand jury testimony. Wells also questioned Russert about his reaction to the announcement of Libby's grand jury indictment.
Wells also focused on a November 24, 2003, report by John C. Eckenrode, the FBI Special Agent who interviewed Russert as part of the DOJ investigation. In that report Eckenrode writes:
Russert testified, however, that he does not believe that he said what Eckenrode reports; while he acknowledged on cross examination that he was not asked about any conversations he may have had with David Gregory or Andrea Mitchell regarding Plame during his deposition with Fitzgerald, he also told the jury that "they never came forward" to share with him anything they were learning about Joe Wilson or Valerie Plame from administration officials, and he testified that after Novak's column was published, the NBC Washington bureau (which he heads) debated whether pursuing Plame's role in the story would compromise her job at the CIA and ultimately decided to pursue the story.[76][77][78] NBC’s Russert Wraps Up Prosecution Case in Libby Trial [79][80]
According to multiple news accounts of the trial, Russert's testimony was key to Libby's conviction or acquittal, and on the day that the defense rested, February 14, 2007, the judge refused to allow the defense to call Russert back to the stand.Jeralyn Merritt, "The Defense Rests", ''TalkLeft'' (accredited press blog), February 14, 2007, accessed February 15, 2007. A juror told the press that the members of the jury found Russert to be very credible in his testimony. "The primary thing that convinced us on most of the counts was the conversation, alleged conversation with Russert," the juror told the press.[81]
There are some major legal issues surrounding the allegations of illegality by administration officials in the CIA leak scandal, including Executive Order 12958, the Intelligence Identities Protection Act, the Espionage Act, Title 18 Section 641, conspiracy to impede or injure officers, the Classified Information Nondisclosure Agreement, other laws and precedents, perjury, conspiracy, obstruction of justice, and compelling the media to testify.
On March 8, 2007, two days after the verdict in the Libby trial, Congressman Henry Waxman, chair of the U.S. House Committee on Government Reform, announced that his committee would ask Plame to testify on March 16, in an effort by his committee to look into "whether White House officials followed appropriate procedures for safeguarding Plame's identity."[82]
On March 16, 2007, Plame testified before the committee. Henry Waxman read a prepared statement that was cleared by CIA director Michael Hayden. It read in part:
Plame's opening statement included the following:
When asked by the committee the definition of the term "covert", Plame responded: "I'm not a lawyer, but my understanding is that the CIA is taking affirmative steps to ensure that there is no links between the operations officer and the Central Intelligence Agency." When asked if she was ever told whether her status fit the definition under the Intelligence Identities Protection Act, Plame replied: "No," adding "I'm not a lawyer, but I was covert. I did travel overseas on secret missions within the last five years...[but] no, no one told me that [I fit the definition under the IIPA]."
Plame also told the committee: "For those of us that were undercover in the CIA, we tended to use 'covert' or 'undercover' interchangeably. I'm not — we typically would not say of ourselves we were in a 'classified' position. You're kind of undercover or overt employees."
Plame told the committee she believed her "name and identity were carelessly and recklessly abused by senior officials in the White House and State Department." Plame testified that "I could count on one hand the number of people who knew where my true employer was the day that I was — my name was — and true affiliation was exposed in July 2003." As a result of her exposure as a CIA operative, Plame told the committee "I could no longer perform the work for which I had been highly trained." When asked if she had any evidence government officials knew she was covert when disclosing her identity to reporters, Plame responded "That, I think, is a question better put to the special prosecutor, Congressman."
Dr. James Knodell, Director of the Office of Security at the White House, testified before the committee as well. He was asked whether the White House conducted any internal investigation, as is required by Executive Order 12958. Knodell said that he had started at the White House in August 2004, a year after the leak, but his records showed no evidence of a probe or report: "I have no knowledge of any investigation in my office," he said.[83] When asked why no internal investigation was conducted or disciplinary actions taken after he took office, Knodell replied "there was already an outside investigation that was taking place, a criminal investigation. So that's why we took no action."[84] In response to Knodell's testimony, Waxman sent a letter to White House Chief of Staff Joshua Bolton asking for clarification as to the "steps that the White House took following the disclosure of Ms. Wilson's identity." Letter from Henry Waxman to Joshua Bolton
According to Waxman:
Citing Executive Order 12958, Waxman observes that the "White House is required to 'take appropriate and prompt corrective action' whenever there is a release of classified information." On September 29, 2003, approximately two and a half months after the disclosure of Plame's identity and subsequent filing of a crimes report by the CIA with the Justice Department, White House press secretary Scott McClellan told reporters: "The president believes leaking classified information is a very serious matter and it should be pursued to the fullest extent by the appropriate agency and the appropriate agency is the Department of Justice." McClellan also stated that the White House would not launch an internal probe and would not ask for an independent investigation into the matter.[85]
Attorneys Mark Zaid and Victoria Toensing also testified before the committee. Each testified that Plame may not have been covert under the IIPA, and that the legal definition is more narrow than the general CIA designation. Zaid told the committee, "Mrs. Toensing is absolutely correct with many of her questions with respect to the Intelligence Identities Act, which has a very exacting standard. Mrs. Plame, as she indicated, was covert. That's a distinction between possibly under the Intelligence Identities Act, and that classified information was leaked. And the question then is it of a criminal magnitude versus something less than that and these could be any number of penalties." Hearing Examines Exposure of Covert CIA Agent Valerie Plame Wilson's Identity
Special Counsel Patrick Fitzgerald was also asked to testify. In a letter to Waxman, Fitzgerald responded to Waxman's request in part:
According to Robert Novak, Rep. Peter Hoekstra and Hayden were in a conference together five days after the committee hearing. Novak reported that Hayden "did not answer whether Plame was covert under the terms of the Intelligence Identities Protection Act" when pressed by Hoekstra.[86] Novak reported on April 12, 2007 that:
:"Hayden indicated to me he had not authorized Democratic Rep. Henry Waxman to say Plame had been a 'covert' CIA employee, as he claimed Hayden did, but only that she was 'undercover'...I obtained Waxman's talking points for the hearing. The draft typed after the Hayden-Waxman conversation said, 'Ms. Wilson had a career as an undercover agent of the CIA.' This was crossed out, the hand-printed change saying she 'was a covert employee of the CIA'...Hayden told me that the talking points were edited by a CIA lawyer after conferring with Waxman's staff. 'I am completely comfortable with that,' the general assured me. He added he now sees no difference between 'covert' and 'undercover'...Mark Mansfield, Hayden's public affairs officer, next e-mailed me: 'At CIA, you are either a covert or an overt employee. Ms. Wilson was a covert employee'...On March 21, Hoekstra again requested that the CIA define Plame's status. A written reply April 5 from Christopher J. Walker, the CIA's director of congressional affairs, said only that 'it is taking longer than expected' to reply because of 'the considerable legal complexity required for this tasking.'"[87]
There has been debate over what kinds of damage may have resulted from the public disclosure of Valerie Plame's identity as a CIA operative in Novak's column and its fallout, how far and into what areas of national security and foreign intelligence that damage might extend, particularly vis-à-vis Plame's work with her cover company, Brewster Jennings & Associates.
On October 3, 2004, ''The Washington Post'' quotes a former diplomat predicting immediate damage:
In contrast, in an October 27, 2005, appearance on ''Larry King Live'', Bob Woodward commented:
In an appearance the next night, October 28, 2005, on ''Hardball'', Andrea Mitchell was quoted as saying:
Following Mitchell's appearance on ''Hardball'', on October 29, 2006, ''The Washington Post's Dafna Linzer reported that no formal damage assessment had yet been conducted by the CIA "as is routinely done in cases of espionage and after any legal proceedings have been exhausted." Linzer writes:
Mark Lowenthal, who retired from a senior management position at the CIA in March 2005 reportedly told Linzer:
Another intelligence official who spoke anonymously to Linzer cited the CIA's interest in protecting the agency and its work:
On October 28, 2005, the Office of Special Counsel issued a press release regarding Libby's indictment. The following is stated regarding Plame:
In a November 3, 2005, online live discussion, in response to a question about the Fitzgerald investigation, ''The Washington Post's Dana Priest, a Pulitzer Prize-winning journalist specializing in matters of national security, opined:
In a January 9, 2006, letter addressed to "Scooter" Libby's defense team, Patrick Fitzgerald responded to a discovery request by Libby's lawyers for both classified and unclassified documents. In the letter, Fitzgerald writes:
He continues:
On March 16, 2007, Plame told the House Committee on Oversight and Government Reform "But I do know the Agency did a damage assessment. They did not share it with me, but I know that certainly puts the people and the contacts I had all in jeopardy, even if they were completely innocent in nature." Plame hearing transcript
During Libby's trial, Judge Reggie Walton told the jury "No evidence will be presented to you with regard to Valerie Plame Wilson’s status. That is because what her actual status was, or whether any damage would result from disclosure of her status, are totally irrelevant to your decision of guilt or innocence. You must not consider these matters in your deliberations or speculate or guess about them." During court proceedings, when the jury wasn't present, Walton told the court "I don’t know, based on what has been presented to me in this case, what her status was...It’s totally irrelevant to this case...I to this day don’t know what her actual status was."[88]
Larisa Alexandrovna of The Raw Story reports that three intelligence officials, who spoke under condition of anonymity, told her that
According to her sources,
Alexandrovna also reports that while Plame was undercover she was involved in an operation identifying and tracking weapons of mass destruction technology to and from Iran, suggesting that her outing "significantly hampered the CIA's ability to monitor nuclear proliferation." Her sources also stated that the outing of Plame also compromised the identity of other covert operatives who had been working, like Plame, under non-official cover status. These anonymous officials said that in their judgement, the CIA's work on WMDs has been set back "ten years" as a result of the compromise. Outed CIA Officer Was Working on Iran, Intelligence Sources Say
MSNBC correspondent David Shuster reported on Hardball later, on May 1, 2006, that MSNBC had learned "new information" about the potential consequences of the leaks:
On September 6, 2006, David Corn published an article for The Nation entitled "What Valerie Plame Really Did at the CIA" in which Corn reports that Plame was placed in charge of the operations group within the Joint Task Force on Iraq in the spring of 2001 and that, "when the Novak column ran," in July 2003:
According to Vanity Fair:
In testifying before Congress, Plame described the damage done by her exposure as such:
:"The CIA goes to great lengths to protect all of its employees, providing at significant taxpayers' expense painstakingly devised and creative covers for its most sensitive staffers. The harm that is done when a CIA cover is blown is grave, but I can't provide details beyond that in this public hearing. But the concept is obvious.
:"Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents, who in turn risk their own lives and those of their families to provide the United States with needed intelligence. Lives are literally at stake." Plame hearing transcript
Main articles: Valerie Plame#Career
Main articles: Alternate theories regarding the CIA leak scandal
Since the CIA leak scandal became public knowledge, commentators began presenting multiple and often highly-contested perspectives on it in various media.
★ CIA leak grand jury investigation
★ CIA leak scandal criminal investigation
★ Plame affair timeline
★ Plame v. Cheney
★ United States Intelligence Community
★ United States v. Libby
★ U.S. Department of Justice Office of Special Counsel
★ Yellowcake forgery
1. Plame's Suit Against Top Officials Dismissed
2. Letter from Bruce C. Swartz to David Addington (PDF page 4)
3. Letter from James B. Comey to Patrick Fitzgerald
4. Bush Says He'll Fire Any Aide Who 'Committed a Crime'
5. Role of Rove, Libby in CIA Leak Case Clearer
6. "No charges against Rove in CIA leak case", New York Times, June 14, 2006
7. "Plame Lawsuit Brief", ''USA Today'', accessed July 13, 2006.
8. David Corn, "What Valerie Plame Really Did at the CIA", ''The Nation'' (Web only) September 6, 2006, accessed December 6, 2006.
9. Cheney aide denies Libby account of CIA leak
10. Libby's Grand Jury Testimony (PDF)
11. Outed CIA operative blames White House, State officials
12. "Plame Sheds Little Light in Leak Case"
13. Report of the Select Committee on Intelligence (PDF)
14. Analysis: Plame Asked to Explain Trip Role
15. I. Lewis 'Scooter' Libby Guilty on Four of Five Counts in CIA Leak Trial
16. David Corn, "A White House Smear", ''Capital Games'' (blog), ''The Nation''. July 16, 2003.
17. Joe Wilson Who's Who in America entry
18. Murray S. Waas "Plame Gate," ''American Prospect'' (web exclusive), December 2, 2004.
19. Ex-CIA official’s comment about Plame story is inaccurate
20. Novak Memoir: Armitage Wanted Plame Named
21. Government's Response to Court's Inquiry regarding News Articles the Government Intends to Offer As Evidence At Trial (PDF)
22. FBI Agent: Libby, Cheney May Have Discussed Plame
23. Cheney Told Aide of C.I.A. Officer, Notes Show
24. The Libby-Cheney Connection
25. Libby Says Bush Authorized Leaks
26. Bush Directed Cheney To Counter War Critic
27. First Witnesses May Bolster Libby Defense
28. Libby Describes Forgetting, Relearning CIA Operative's Identity
29. Diary of the Leak Trial (Timeline)
30. In Closing Pleas, Clashing Views on Libby’s Role
31. The Cloud Over Cheney
32. Court Hears Libby Describe Cheney as 'Upset' at Critic
33. FBI Agent Testifies Libby Learned About Plame from Cheney
34. Juror Calls On Bush to Pardon Libby
35. Libby Prosecutor Asks for No Leniency in Sentence
36. Libby's Lawyers Argue Against Prison as Fitzgerald Seeks 30 Months
37. Was Libby’s Prison Sentence 'excessive'?
38. "Government's Memorandum Of Law In Support Of Its Proposed Sentencing Guidelines Calculations"
39. Libby Sentenced to 30 Months in Prison
40. Libby Given 21/2-Year Prison Term
41. Bush Commutes Libby Sentence, Saying 30 Months 'Is Excessive'
42. Libby Pays 0,000 Fine
43. Libby Pays Fine: Judge Poses Probation Query
44. Press Conference by the President
45. Source Tells AP About Rove's Grand Jury Testimony on Plame Leak
46. Mysterious 'Official A' Is Karl Rove
47. Rove Testifies 5th Time on Leak
48. Plamegate Turns D.C. Upside Down
49. Jim VandeHei, "Rove Will Not Be Charged in CIA Leak Case, Lawyer Says", ''The Washington Post'', June 14, 2006, accessed November 20, 2006.
50. Rove Faces Cynics in Aspen
51. Rove, Powell Engage in CIA Leak Case
52. Transcript: Karl Rove on 'FOX News Sunday'
53. Government Exhibit GX51: Order of Use Immunity Before the Grand Jury
54. My Surreal Day at the Libby Trial
55. Libby Trial Opens with Simple Tales and Complex Plots
56. Libby Lawyers Seek Facts on Immunity Deal
57. "Former Press Secretary Says Libby Told Him of Plame"
58. Former White House Spokesman Fleischer Contradicts Libby's Claims in Perjury Trial
59. Letter from Libby to Miller (PDF)
60. Libby's Letter to Miller Raises 'Troubling' Issues
61. Libby Live: Judy Five ("live-blogging" transcript of court proceedings)
62. N.Y. Times Reporter Released From Jail
63. Times Reporter Testifies Again in CIA Leak Probe
64. Libby Says Bush Authorized Leaks
65. Iraq’s Continuing Program for Weapons of Mass Destruction: Key Judgments from October 2002 NIE
66. The Libby-Cheney Connection
67. Lawyer: Neither Cheney nor Libby will testify in CIA leak case
68. Defendant I. Lewis Libby's Opposition to the Government's Memorandum of Law in Support of Its Proposed Sentencing Guidelines Calculations
69. Cooper Agrees to Testify to Plame Grand Jury, Avoids Jail
70. Lawyer: Cooper 'Burned' Karl Rove
71. Leak Trial Reveals Flaws in Note-taking
72. What Scooter Libby Said, What Matt Cooper Wrote
73. Matt Cooper's Unmagical Notes
74. Russert Contradicts Libby
75. Defense Exhibit 1809.1: Stipulation Regarding Former FBI Inspector in Charge John C. Eckenrode (PDF)
76. Russert Testifies in Libby Perjury Trial
77. NBC's Russert Back on the Stand to Challenge Libby's Version of CIA Talk
78. Prosecution Rests Case in Libby's Perjury Trial
79. Russert on the Hot Seat in Libby Trial
80. Lawyers to Question Russert Credibility
81. For Jurors, Libby Might Be 'fall guy,' But He Was Guilty
82. Plame to Testify to Congress on Leak
83. White House Security Chief Reveals — No Probe of Plame Leak There
84. White House official: No probe launched into Plame leak (transcript)
85. "White House Vows Help in CIA Leak Probe"
86. Was She Covert?
87. CIA chief Plays Plame Game
88. Libby Judge: Even I Don’t Know Plame’s Status
★ "AP falsely reported Wilson 'acknowledged his wife was no longer in an undercover job' when her identity was first publicly leaked". ''Media Matters for America'' July 15, 2005.
★ "A Bad Leak." ''The New York Times'' April 16, 2006, Editorial. Accessed November 18, 2006.
★ Ballard, Tanya N., and Kevin Dumouchelle, comps. "Key Players in the Plame Affair." ''The Washington Post'' October 20, 2005. (Incl. link to "Timeline.") Accessed November 17, 2006.
★ Corn, David. "Toensing and WSJ: Corn Outed Plame (Here We Go Again)." ''DavidCorn.com'' (journalist's blog) September 15, 2006. Accessed November 18, 2006. (Reply to Toensing's editorial in ''The Wall Street Journal''; linked therein.)
★ –––. "What Valerie Plame Really Did at the CIA." ''The Nation'' (web only) September 6, 2006. Accessed December 6, 2006.
★ –––. "A White House Smear." ''The Nation'' July 16, 2003. Accessed November 18, 2006. (Also linked in above source.)
★ De la Vega, Elizabeth. "The White House Criminal Conspiracy." Online posting. ''The Nation'' October 26, 2005. Issue of November 14, 2005. Accessed November 17, 2006.
★ Dickerson, John, and Viveca Novak. "Grand Jury Hears Plame Case in Front of a Grand Jury in the Investigation into Whether the Identity of CIA Operative Valerie Plame Was Improperly Leaked to the Press." ''Time'' January 22, 2004. Accessed November 17, 2006.
★ Gellman, Barton, and Dafna Linzer. "A 'Concerted Effort' to Discredit Bush Critic." ''The Washington Post'' April 9, 2006. Accessed November 17, 2006.
★ Hayes, Stephen F. "The White House, the CIA, and the Wilsons: The Chain of Events That Gave Rise to a Grand Jury Investigation." ''The Weekly Standard'' [11.6] October 24, 2005. Accessed November 17, 2006.
★ Hitchens, Christopher. "Plame's Lame Game: What Ambassador Joseph Wilson and His Wife Forgot to Tell Us about the Yellow-cake Scandal." ''Slate'' July 13, 2004.
★ Isikoff, Michael. "Matt Cooper's Source." ''Newsweek'' July 18, 2005. Accessed November 17, 2006.
★ ––, and David Corn. ''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War''. New York: Crown, 2006 (Sept. 8). ISBN 0-307-34681-1.
★ Johnston, David, and Richard W. Stevenson, with David E. Sanger. "Rove Reportedly Held Phone Talk on C.I.A. Officer". ''New York Times'' July 15, 2005. Accessed November 17, 2006. (TimesSelect subscription required.)
★ Johnston, David, Richard W. Stevenson, and Douglas Jehl. "Cheney Told Aide of C.I.A. Officer, Lawyers Report." ''The New York Times'' October 25, 2005. Accessed November 17, 2006. (TimesSelect subscription required.)
★ Kerber, Ross, and Bryan Bender. "Apparent CIA Front Didn't Offer Much Cover." ''Boston Globe'' October 10, 2003). Accessed November 17, 2006.
★ Kincaid, Cliff. "Why Judith Miller Should Stay In Jail." ''Accuracy In Media'' July 11, 2005. Accessed November 17, 2006.
★ Leonnig, Carol D. "Papers Say Leak Probe Is Over." ''The Washington Post'' April 7, 2005. Accessed November 17, 2006.
★ End of an Affair ''The Washington Post'' September 01, 2006, Editorial: A20. Accessed December 6, 2006.
★ Miller, Zell."Rule Can Head Off Dirty Tricks at CIA." ''Atlanta Journal-Constitution'' November 2, 2005. Accessed November 17, 2006.
★ ''News War'': ''Secrets, Sources, and Spin'' (Parts 1 and 2). With correspondent Lowell Bergman. Special four-part series broadcast on ''Frontline''. Prod. of WGBH (Boston, Massachusetts). Public Broadcasting Service. Part 1 first broadcast 13 February, 2007. WXXI-TV (Rochester, New York). Part 1 incl. "Prologue: The Plame Affair" (chap. 1) and "Epilogue: 'Plamegate'" (chap. 8). Streaming video accessible online in both Windows Media Player and Quicktime. Accessed February 14, 2007. [Full transcripts to be posted online at pbs.org approx. 7 to 10 days following first broadcasts of each part of the series.]
★ Novak, Robert D."The CIA Leak." ''TownHall.com'' (syndicated column) October 1, 2003. Accessed December 12, 2006.
★ –––. "Mission to Niger." ''The Washington Post'' July 14, 2003: A21. Accessed December 12, 2006.
★ –––. "Who Said What Where When: The Rise and Fall of the Valerie Plame 'Scandal.'" ''The Weekly Standard'' October 16, 2006. Accessed December 5, 2006.
★ Parry, Robert. "Media Criticism: Shame on the Washington Post, Again." ''The Baltimore Chronicle'' February 19, 2007. Accessed March 13, 2007.
★ Polity Media, Inc. "Valerie Plame's Campaign Contributions" from 1999 and 2004. ''Newsmeat.com''. Accessed November 17, 2006.
★ "Q&A: The CIA Leak Case BBC News September 9, 2006. Accessed December 6, 2006.
★ "Richard Armitage Admits to Name-Dropping Incident." ''LegalNews. TV'' September 9, 2006. (ClipSyndicate media link provided.) Accessed November 17, 2006.
★ Scarborough, Rowan. The Flameout of the Plame Game." ''The Washington Times'' September 5, 2006. Accessed November 17, 2006.
★ Smyth, Frank. "U.S. Sends the Wrong Message to the World." IFEX June 30, 2005. Posted July 1, 2005. Accessed November 17, 2006.
★ Spiegel International Online. "Was Berlusconi Behind the Pre-Iraq War Yellow Cake Story?" (English translation). ''Der Spiegel'' October 27, 2005. Accessed November 17, 2006.
★ Suellentrop, Chris. "Robert Novak: The hollow center of the Plame Affair." ''Slate'' October 2, 2003.
★ "White House Counsel Questioned in CIA Leak." ''Las Vegas Sun'' June 18, 2004.
★ Toensing, Victoria. "The Plame Kerfuffle: What a Load of Armitage! What did Patrick Fitzgerald know, and when did he know it?". ''The Wall Street Journal'' September 15, 2006, Editorial. (See reply posted by Corn.)
★ United Press International. "Ashcroft Recuses Himself from Plame Affair Case." UPI December 30, 2003. (Defunct link)
★ United States Senate Select Committee on Intelligence. ''On the U.S. Intelligence Community's Pre-War Intelligence Assessments on Iraq, Together with Additional Views''. July 9, 2004. Accessed December 5, 2006.
★ –––. "Senator Roberts' Statement on the Niger Documents." Press release. July 11, 2003. Accessed December 5, 2006.
★ Ward, Vicki. "Double Exposure." ''Vanity Fair'' (Jan. 2004). (11 pages.) Accessed February 6, 2007.
★ "What Does the Plame Case Add Up to?" Online feature of ''News War'' on ''Frontline'' (Public Broadcasting Service), WGBH-TV. Posted February 13, 2007. Accessed February 14, 2007.
★ Wheeler, Marcy. ''Anatomy of Deceit: How the Bush Administration Used the Media to Sell the Iraq War and Out a Spy''. Berkeley: Vaster Books (Dist. by Publishers Group West), 2007. ISBN 0-979-17610-7 (10). ISBN 978-0979-17610-4 (13).
★ Wilson, Joseph. ''The Politics of Truth: Inside the Lies that Put the White House on Trial and Betrayed My Wife's CIA Identity: A Diplomat's Memoir''. New York: Carroll & Graf, 2004. Paperback ed., 2005. ISBN 0-7867-1551-0.
★ ''A Conversation with Ambassador Joseph Wilson, IV'', Google Video/UC Berkeley Educational Technology Services
★ Joseph and Valerie Wilson Legal Support Trust. Accessed August 7, 2007.
★ ''News War'': "A special four-part investigation into the future of news." ''Frontline''. Prod. WGBH (Boston, Massachusetts) and a co-production of ''Frontline'' in association with the UC Berkeley Graduate School of Journalism. Broadcast by PBS. Parts 1 and 2: ''Secrets, Sources, and Spin''. Part 1 first broadcast on February 13, 2007. Streaming video in Windows Media Player and Quicktime and multiple other online resources, incl. broadcast schedule, full interviews, and full transcripts (within 7 to 10 days of the broadcast of each part). Part 1 incl. "Prologue: The Plame Affair" (chap. 1) and "Epilogue: 'Plamegate'" (chap. 8).
★ ''The Politics of Truth: Inside the Lies That Put the White House on Trial and Betrayed My Wife's CIA Identity: A Diplomat's Memoir,'' by Joseph Wilson: website featuring excerpts from the book, interviews, and reviews, a news archive, and "Bibliography", with hyperlinks. Copyright © 2004, Carroll & Graf Publishers & Joseph Wilson.
★ Special Counsel Patrick J. Fitzgerald's official Web site.
The 'Plame affair' (also known as the 'CIA leak scandal' or the 'CIA leak case') is a political controversy in the United States, involving high-level officials of the George W. Bush administration and members of the media, and resulting in a federal grand jury investigation, a criminal trial, and a civil suit. Beginning in mid-June 2003, according to federal court records, Bush administration officials, including Richard Armitage and Scooter Libby, discussed with various reporters the employment of a classified, covert, Central Intelligence Agency (CIA) officer, Valerie E. Wilson (also known as Valerie Plame).Unclassified official United States government records,"Exhibit A", of "Unclassified Summary of Valerie Wilson's CIA Employment and Cover History", from "Sentencing Memo Exhibits", in United States v. Libby, obtained through the Privacy Act, online posting, ''The Next Hurrah'' (blog), accessed May 26, 2007: 2-3.Joel Seidman, "Plame Was 'covert' Agent At Time of Name Leak", ''MSNBC.com'', May 29, 2007, accessed June 10, 2007. On July 14, 2003, a newspaper column entitled "Mission to Niger" by Robert Novak disclosed Plame's name and status as an "operative" who worked in a CIA division on the proliferation of weapons of mass destruction. Mrs. Wilson's husband, Ambassador Joseph C. Wilson, stated in various interviews and subsequent writings (as listed in his 2004 memoir ''The Politics of Truth'') that his wife's identity was covert and that members of the administration knowingly revealed it as retribution for his op-ed entitled "What I Didn't Find in Africa", published in ''The New York Times'' on July 6, 2003.Joseph C. Wilson 4th, "What I Didn't Find in Africa", ''The New York Times'', July 6, 2003, accessed June 10, 2007.
On September 16, 2003 the CIA sent a letter to the US Department of Justice, asserting that Plame's status as a CIA undercover operative was classified information and requesting a federal investigation.Stanley M. Moskowitz, Director of Congressional Affairs for the CIA, Letter to Representative John Conyers, Jr., January 30, 2004, online posting, ''Talking Points Memo Document Collection'', accessed June 10, 2007; full text of the letter rpt. in Wilson, ''The Politics of Truth'' 359; cf. 358, 360 (discussion). Attorney General John Ashcroft referred the matter to the U.S. Department of Justice Office of Special Counsel, directed by Patrick Fitzgerald, who convened a grand jury. The CIA leak grand jury investigation resulted in the indictment and conviction of I. Lewis Libby, Chief of Staff of Vice President Dick Cheney. The indictment was on five counts of obstruction of justice, perjury, and false statements to the grand jury and federal investigators on October 28, 2005; Libby resigned hours after the indictment. The federal trial ''United States v. Libby'' began on January 16, 2007. On March 6, 2007, Libby was convicted on four counts of perjury, obstruction of justice, and making false statements, and was acquitted of one count of making false statements.Michael J. Sniffen and Matt Apuzzo,"Libby Found Guilty in CIA Leak Trial", ''Associated Press'' March 6, 2007, accessed March 6, 2007."Libby Found Guilty of Perjury, Obstruction", ''CNN'' March 6, 2007, accessed March 6, 2007."Libby Lawyer Demands New Trial After Conviction", ''CNN'' March 6, 2007, accessed March 6, 2007. Libby was sentenced to 30 months in prison, a fine of US$250,000, and two years of supervised release after his prison term.Matt Apuzzo (Associated Press), "Libby Sentenced to 30 Months in Prison", ''America Online'', 5 June, 2007, accessed 5 June, 2007.Paul Courson, Brianna Keilar, and Brian Todd, "Libby Sentenced to 30 months in Prison", ''CNN.com'' 5 June, 2007, accessed 5 June, 2007. After the verdict, Special Counsel Fitzgerald stated that he does not expect anyone else to be charged in the case: "We're all going back to our day jobs." On July 2, 2007, President Bush commuted Libby's sentence, effectively erasing the 30 months he was supposed to spend in jail. The probation and fines still remain. The Wilsons also brought a civil law suit against Libby, Cheney, Karl Rove, and Richard Armitage.Associated Press, "Armitage Added To Plame Lawsuit: Ex-State Department Official Joins Cheney, Libby, Rove As Target In Suit", CBS News, September 13, 2006, accessed March 7, 2007.Joseph C. Wilson, "Statement in Response to Jury's Verdict in U.S. v. I. Lewis 'Scooter' Libby", press release, online posting, ''Citizens for Responsibility and Ethics in Washington'' (CREW) March 6, 2007, accessed March 6, 2007. On July 19, 2007, the civil suit was dismissed in United States District Court for the District of Columbia.[1] On behalf of the Wilsons, Citizens for Responsibility and Ethics in Washington filed an appeal of the U.S. District Court's decision the following day.Joseph and Valerie Wilson Legal Support Trust Home Page, [July 20, 2007], accessed July 27, 2007. Cf. "Statement on Ambassador Joseph and Valerie Wilsons' Appeal Filed on July 20", ''Citizens for Responsibility and Ethics in Washington'' (CREW), July 20, 2007, accessed July 27, 2007.
Background
Prior to the 2003 invasion of Iraq, in his January 28, 2003, State of the Union Address, President George W. Bush stated the following controversial "16 words": "The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa." President Delivers "State of the Union" George W. Bush
In late February 2002, responding to inquiries from the Vice President's office and the Departments of State and Defense about the allegation that Iraq had a sales agreement to buy uranium in the form of yellowcake from Niger, the CIA had authorized a trip by Joseph C. Wilson to Niger to investigate the possibility. The former Prime Minister of Niger Ibrahim Hassane Mayaki reported to Wilson that he was unaware of any contracts for uranium sales to rogue states, though he was approached by a businessman on behalf of an Iraqi delegation about "expanding commercial relations" with Iraq, which Mayaki interpreted to mean uranium sales. Wilson ultimately concluded that there "was nothing to the story," and presented his report in March 2002. Report of the Select Committee on Intelligence (PDF)
After the March 2003 invasion of Iraq, Wilson wrote a series of op-eds (opposite editorials) questioning its factual basis (See "Bibliography" in ''The Politics of Truth''). In one of these op-eds published in the ''New York Times'' on July 6, 2003, Wilson argues that, in the State of the Union Address, President George W. Bush misrepresented intelligence leading up to the invasion and thus misleadingly suggested that the Iraqi regime sought uranium to manufacture nuclear weapons.
The Butler Report, the Iraq Intelligence Commission and the U.S. Senate Select Committee on Intelligence at various times concluded that Wilson's claims were incorrect. The Senate report stated that Wilson's report actually bolstered, rather than debunked, intelligence about purported uranium sales to Iraq. Plame's Input Is Cited on Niger Mission Report of the Select Committee on Intelligence (PDF) Wilson later took strong exception to these conclusions in his 2004 memoir ''The Politics of Truth''. The State Department also remained highly skeptical about the Niger claim. Plame's Input Is Cited on Niger Mission
Former CIA Director George Tenet said "[while President Bush] had every reason to believe that the text presented to him was sound," because "[f]rom what we know now, Agency officials in the end concurred that the text in the speech was factually correct — i.e. that the British government report said that Iraq sought uranium from Africa," nevertheless "[t]hese 16 words should never have been included in the text written for the President." Statement by George J. Tenet, Director of Central Intelligence With regard to Wilson's findings, Tenet stated: "Because this report, in our view, did not resolve whether Iraq was or was not seeking uranium from abroad, it was given a normal and wide distribution, but we did not brief it to the President, Vice-President or other senior Administration officials." George J. Tenet, Director of Central Intelligence
Eight days after Wilson's July 6 op-ed in ''The New York Times'', columnist Robert Novak wrote about Wilson's 2002 trip to Niger and subsequent findings and described Wilson's wife as an "agency operative."
Subsequent press accounts reported that "White House officials wanted to know how much of a role she had in selecting him for the assignment." First Source of C.I.A. Leak Said to Admit Role
Joe Wilson has said:
Stanley M. Moskowitz, CIA Director of Congressional Affairs, in his January 30, 2004 letter to Rep. John Conyers, Jr., who had queried the Director of Central Intelligence in an earlier letter of September 29, 2003, "regarding any contacts the... Agency (CIA) has had with the Department of Justice (DoJ) to request an investigation into the disclosure earlier that year of the identity of an employee operating under cover [Valerie E. Wilson, aka Valerie Plame]," writes that, after an internal inquiry into the matter, the CIA made a referral to the Department of Justice (DOJ) for investigation of "possible violation of criminal law concerning the unauthorized disclosure of classified information."
According to a letter of December 16, 2003 from Bruce C. Swartz, then Deputy Assistant Attorney General, to David Addington, then Counsel to Vice President Dick Cheney,[2] the Department of Justice's investigation concerned "the possible unauthorized disclosure of classified information in the July 14, 2003 edition of the ''Chicago Sun-Times'' and the July 22, 2003, edition of ''Newsday''."Robert D. Novak, "Mission To Niger", ''The Washington Post'', July 14, 2003 Columnist Blows CIA Agent's Cover In his book, '', Tenet writes "About two weeks after Novak's column appeared, CIA lawyers sent to the Justice Department a formal notification that classified information may have been inappropriately leaked to the media. CIA lawyers had to make that kind of notification about once a week on average. I was informed after the fact that a 'crimes report' had been submitted. I supported the action but had nothing to do with the decision". '', George Tenet, , , New York: HarperCollins, ,
A Special counsel, Patrick Fitzgerald, was appointed to lead the investigation. In a February 6, 2004, letter from the Justice Department to Fitzgerald, the Justice Department clarified to Fitzgerald that he had the authority to "prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice."[3]
On September 30, 2003, President Bush said that if there had been "a leak" from his administration about Plame, "I want to know who it is... and if the person has violated law, the person will be taken care of."[4] Initially, the White House denied that Karl Rove and Lewis "Scooter" Libby were involved in the leak.[5] In various legal filings, however, Fitzgerald alleged that both Rove and Libby had told several reporters about Plame's employment at the CIA. Libby was indicted on charges of obstruction of justice, perjury, and making false statements to the Federal Bureau of Investigation (FBI) and grand jury.United States District Court for the District of Columbia (October 28, 2005). in ''UNITED STATES OF AMERICA v. I. LEWIS LIBBY, also known as "SCOOTER LIBBY"''. Accessed February 17, 2007. (Full text of '' also accessible in Wikisource.) On June 13, 2006, Rove's lawyer, Robert Luskin, released a statement saying that Fitzgerald had informed him Rove would not be charged with any wrong-doing."Lawyer: Rove Won't Be Charged in CIA Leak Case", ''CNN.com'', June 13, 2006[6] On July 13, 2006, Joseph and Valerie Wilson filed a civil suit against Vice President Dick Cheney, his former Chief of Staff I. Lewis "Scooter" Libby, top Presidential advisor Karl Rove and other unnamed senior White House officials, for their alleged roles in the public disclosure of her classified CIA employment.[7]
The civil suit was dismissed on July 19, 2007. In dimissing the suit, United States District Judge John D. Bates wrote
Wilson said that his African diplomatic experience led to his selection for the mission to Niger. Ambassador Wilson, a retired diplomat and fluent in French, had served as a U.S. State Department general services officer in Niger, as an ambassador to Gabon and São Tomé and Príncipe, as Deputy Chief of Mission (DCM) in both Brazzaville, Republic of the Congo, and Iraq (taking over as Chief of Mission during the 1990–91 Gulf War), in other diplomatic postings, and in subsequent national security and military advisory roles concerning U.S.-African affairs under Presidents George H. W. Bush and Bill Clinton.
After being consulted by her superiors at the CIA about whom to send on the mission, Valerie E. Wilson, according to the Senate Select Committee on Intelligence, suggested Ambassador Wilson, her husband, whom she had married in 1998. Report of the Select Committee on Intelligence (PDF)
In the book ''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War'' by Michael Isikoff and David Corn, as Corn observes (before its release on September 8, 2006), they consider the issue of "whether Valerie Wilson had sent her husband to Niger to check out an intelligence report that Iraq had sought uranium there," presenting "new information undermining the charge that she arranged this trip. In an interview with the authors, Douglas Rohn, a State Department officer who wrote a crucial memo related to the trip, acknowledges he may have inadvertently created a misimpression that her involvement was more significant than it had been."[8] In the first week of Libby's trial, a CIA witness testified that Plame conceived the idea for the trip in response to questions from the Vice President's office and the State and Defense Departments regarding alleged attempts by Iraq to acquire uranium from Niger.[9] In his testimony to the grand jury, Libby testified that both he and Vice President Cheney believed that Joseph Wilson was qualified for the mission, though wondered if he would have been selected had his wife not worked at the CIA. Libby's Grand Jury Testimony (PDF) [10] On March 16, 2007, Valerie Plame addressed this question in sworn testimony to Congress: "I did not recommend him. I did not suggest him. There was no nepotism involved. I did not have the authority.... It's been borne out in the testimony during the Libby trial, and I can tell you that it just doesn't square with the facts." Plame hearing transcript [11][12] In his book, Tenet writes "Mid-level officials in CPD decided on their own initiative to [ask Joe Wilson to look into the Niger issue because] he'd helped them on a project once before, and he'd be easy to contact because his wife worked in CPD." , George Tenet, , , New York: HarperCollins, , In response to Plame's testimony, Republican Senators Kit Bond, Orinn Hatch, Richard Burr submitted additional views to the Senate report that stated "Mrs. Wilson told the CIA Inspector General that she suggested her husband for the trip, she told our committee staff that she could not remember whether she did or her boss did, and told the House Committee, emphatically, that she did not suggest him."[13] Also in the additional views is the full text of an e-mail message sent by Plame on Feb. 12, 2002 to the Directorate of Operations at CPD, in which she writes that Joe Wilson "may be in a position to assist" the CIA's inquiries into the Niger reports.[14]
After his identification by Corn and Isikoff in advance word of their book, Richard Armitage, a former deputy secretary of state, acknowledged that he was the initial and primary source for Novak's column of July 14, 2003, that disclosed the identity of Wilson's wife Valerie Plame as a CIA "operative". First Source of C.I.A. Leak Said to Admit Role
On March 6, 2007, Libby was found guilty on four of the five counts against him. At a press conference after the verdict was read, Fitzgerald told the press "I do not expect to file any further charges. Basically, the investigation was inactive prior to the trial.... I would not expect to see any further charges filed, we are all going back to our day jobs. If new information comes to light, if new information comes to us that would warrant us taking some action, we look forward to doing that. But I would not create the expectation that any of us will be doing further investigation at this point, we see the investigation as inactive."[15]
Robert Novak's column "Mission to Niger"
In his column of July 14, 2003, entitled "Mission to Niger," Robert Novak states that the choice to use Wilson "was made routinely at a low level without [CIA] Director George Tenet's knowledge." Novak goes on to identify Plame as Wilson's wife:
Response to Novak's column "Mission to Niger"
The suggestion that naming Plame as an agent is a serious crime first appeared in an article by David Corn published by ''The Nation'' on July 16, 2003, two days after Novak's column.[16] Corn quotes Joe Wilson:
Robert Novak's column "The CIA Leak"
In "The CIA Leak," published on October 1, 2003, Novak describes how he had obtained the information for his July 14, 2003, column "Mission to Niger":
Novak defends his column "Mission to Niger"
In his column of October 1, 2003, 'The CIA Leak," Novak states that he included the paragraph about Wilson's wife "because it looked like the missing explanation of an otherwise incredible choice by the CIA for its mission." He writes:
In that column Novak also claims to have learned Mrs. Wilson's maiden name "Valerie Plame" from Joe Wilson's entry in ''Who's Who In America'',[17] though it was her CIA status rather than her maiden name which was a secret.
A day after the publication of the October 1 column, Novak announced on his TV program ''Crossfire'' on CNN that although "Ms. Valerie E. Wilson" had donated $1,000 to the Gore campaign in 1999, according to the website ''Newsmeat,'' listing Brewster Jennings & Associates as her employer, he was "convinced" that "[t]here is no such firm." Leak of Agent's Name Causes Exposure of CIA Front Firm Plame campaign contribution search Novak argued further that "CIA people are not supposed to list themselves with fictitious firms if they're under a deep cover — they're supposed to be real firms, or so I'm told. Sort of adds to the little mystery." Leak of Agent's Name Causes Exposure of CIA Front Firm Novak wrote in his column "It was well known around Washington that Wilson's wife worked for the CIA,"Robert D. Novak, "The CIA Leak", ''TownHall.com'', October 1, 2003, accessed December 12, 2006. though this assertion has been disputed.
According to Murray S. Waas in the ''American Prospect'' of February 12, 2004, the CIA source warned Novak several times against the publication: two "administration officials" spoke to the FBI and challenged Novak's account about not receiving warnings not to publish Plame's name; according to one of the officials, "At best, he is parsing words ... At worst, he is lying to his readers and the public. Journalists should not lie, I would think."[18] Prosecutor In CIA Leak Case Casting A Wide Net
Novak's critics argue that after decades as a Washington reporter, Novak was well aware of Plame's CIA status due to the wording he used in his column. A search of the ''LexisNexis'' database for the terms "CIA operative" and "agency operative" showed Novak had accurately used the terms to describe ''covert'' CIA employees, every time they appear in his articles. It's Clear the Leakers Knew What They Were Doing
On March 17, 2007, Plame testified before the House Committee on Oversight and Government Reform. She was asked how she learned of Novak's reference to her in his column. Plame told the committee "I found out very early in the morning when my husband came in and dropped the newspaper on the bed and said, 'He did it'.... We had indications in the week prior that Mr. Novak knew my identity and my true employer. And I of course alerted my superiors at the agency, and I was told, don't worry; we'll take care of it. And it was much to our surprise that we read about this July 14th.... I believe, and this is what I've read, that the then-spokesman, Mr. Harlow, spoke directly with Mr. Novak and said something along the lines of, don't go with this; don't do this. I don't know exactly what he said, but he clearly communicated the message that Mr. Novak should not publish my name." Plame hearing transcript
Novak has written that "the CIA never warned me that the disclosure of Wilson's wife working at the agency would endanger her or anybody else." The CIA Leak See also: "Novak: 'No great crime' with Leak", ''CNN.com'', October 1, 2003, accessed December 12, 2006. According to the ''Washington Post'', Harlow conveyed in an interview that "he warned Novak, in the strongest terms he was permitted to use without revealing classified information, that Wilson's wife had not authorized the mission and that if he did write about it, her name should not be revealed." Novak published a column refuting Harlow's claim.[19] In his book, George Tenet wrote "Bill [Harlow] struggled to convince Novak that he had been misinformed [about Wilson's wife being responsible for sending her husband to Niger]-and that it would be unwise to report Mrs. Wilson's name. He couldn't tell Novak that Valerie Wilson was undercover. Saying so over an open phone line itself would have been a security breach. Bill danced around the subject and asked Novak not to include her in the story. Several years and many court dates later, we know that the message apparently didn't get through, but Novak never told Bill that he was going to ignore his advice to leave Valerie's name out of his article."
Novak's sources for his column "Mission to Niger"
In their article entitled "Columnist Blows CIA Agent's Cover," published in Newsday, on July 22, 2003, Timothy M. Phelps and Knut Royce report: "Novak, in an interview, said his sources had come to him with the information. 'I didn't dig it out, it was given to me,' he said. 'They thought it was significant, they gave me the name and I used it." "Columnist Blows CIA Agent's Cover" In response, although Phelps stands by the report, Novak has argued that he was "badly misquoted." Rove-Novak Call Was Concern To Leak Investigators In September 2003, on CNN's Crossfire, Novak asserted: "Nobody in the Bush administration called me to leak this. There is no great crime here," adding that while he learned from two administration officials that Plame was a CIA employee, "They asked me not to use her name, but never indicated it would endanger her or anybody else. According to a confidential source at the CIA, Mrs. Wilson was an analyst, not a spy, not a covert operative and not in charge of undercover operators." Novak: 'No great crime' with Leak In July 2005, it was revealed that Rove was Novak's second Bush administration source. Novak told Rove about Plame, using her maiden name, and Rove responded by saying "I heard that, too", or "Oh, you know about it." The Second Source Through his personal attorney, Robert Luskin, Rove has stated that other media sources told him about Plame, although he's not sure which journalist first told him.
Novak's "primary source": Richard Armitage
After the indictment of Lewis Libby and the expiration of the term of the initial Grand Jury, Michael Isikoff revealed portions of his new book entitled ''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War'', co-authored with David Corn, in the August 28, 2006, issue of ''Newsweek''. Isikoff reports that then Deputy Secretary of State Richard Armitage had a central role in the Plame affair. The Man Who Said Too Much
In their book ''Hubris'' Isikoff and Corn reveal — as both Armitage and syndicated columnist Robert Novak acknowledged publicly later — that Armitage was Novak's "initial" and "primary source" for Novak's July 2003 column that revealed Plame's identity as a CIA operative and that after Novak revealed his "primary source" (Novak's phrase) was a "senior administration official" who was "not a partisan gunslinger," Armitage phoned Colin Powell that morning and was "in deep distress." Reportedly, Armitage told Powell: "I'm sure [Novak is] talking about me." In his ''Newsweek'' article, Isikoff states:
According to Isikoff, as based on his sources, Armitage told Bob Woodward Plame's identity three weeks before talking to Novak, and Armitage himself was aggressively investigated by special counsel Patrick Fitzgerald, but was never charged because Fitzgerald found no evidence that Armitage knew of Plame's covert CIA status when he talked to Novak and Woodward.
In an August 27, 2006, appearance on ''Meet the Press'', Novak is asked if indeed Armitage was his source of Mrs. Wilson's identity as a CIA operative. Novak responds: "I told Mr. Isikoff... that I do not identify my sources on any subject if they’re on a confidential basis until they identify themselves... I’m going to say one thing, though, I haven’t said before. And that is that I believe that the time has way passed for my source to identify himself."Transcript, ''Meet the Press'', broadcast on MSNBC, August 27, 2006.
On August 30, 2006, the New York Times reports that the lawyer and other associates of Mr. Armitage confirmed he was Novak's "initial and primary source" for Plame's identity. First Source of C.I.A. Leak Said to Admit Role ''The New York Times'' also reports "Mr. Armitage cooperated voluntarily in the case, never hired a lawyer and testified several times to the grand jury, according to people who are familiar with his role and actions in the case. He turned over his calendars, datebooks and even his wife’s computer in the course of the inquiry, those associates said. But Mr. Armitage kept his actions secret, not even telling President Bush because the prosecutor asked him not to divulge it, the people said... Mr. Armitage had prepared a resignation letter, his associates said. But he stayed on the job because State Department officials advised that his sudden departure could lead to the disclosure of his role in the leak, the people aware of his actions said.... He resigned in November 2004, but remained a subject of the inquiry until [February 2006] when the prosecutor advised him in a letter that he would not be charged." New Questions About Inquiry in C.I.A. Leak
In an interview with CBS News first broadcast on September 7, 2006, Armitage admits that he was Novak's "initial" and "primary source" (Novak's words). In the interview he describes his conversation with Novak:
After acknowledging that he was indeed Robert Novak's initial and primary source for the column outing Plame, Richard Armitage refers to what has been termed "a classified State Department memorandum" which purportedly refers to Valerie Wilson.
While the document is "classified," Armitage states, "it doesn't mean that every sentence in the document is classified.... I had never seen a covered agent's name in any memo in, I think, 28 years of government.... I didn't know the woman's name was Plame. I didn't know she was an operative.... I didn't try to out anybody." Armitage on CIA Leak — 'I Screwed Up' In a phone interview with ''The Washington Post'', Armitage reiterates his claim, stating that in 40 years of reading classified materials "I have never seen in a memo... a covert agent's name." Armitage Says He Was Source of CIA Leak
According to ''The Washington Post'', Armitage attributes his not being charged in the investigation to his candor in speaking with investigators about his action; he says that he turned over his computers and never hired an attorney: "'I did not need an attorney to tell me to tell the truth.'"
Novak disputes Armitage's claim that the disclosure was "inadvertent." In a column titled ''The real story behind the Armitage story'', Novak states: "First, Armitage did not, as he now indicates, merely pass on something he had heard and that he 'thought' might be so. Rather, he identified to me the CIA division where Mrs. Wilson worked, and said flatly that she recommended the mission to Niger by her husband, former Ambassador 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... he noted that the story of Mrs. Wilson's role fit the style of the old Evans-Novak column — implying to me it continued reporting Washington inside information." Novak also disputes Armitage's claim that he learned he was Novak's "primary source" (Novak's phrase) only after reading Novak's October 1 column: "I believed [Washington lobbyist Kenneth Duberstein, Armitage's close friend and political adviser] contacted me Oct. 1 because of news the weekend of Sept. 27–28 that the Justice Department was investigating the leak." The Real Story behind the Armitage Story
In a review of Corn's and Isikoff's book, ''Hubris'', Novak writes: "I don't know precisely how Isikoff flushed out Armitage [as Novak's "primary source"], but ''Hubris'' clearly points to two sources: Washington lobbyist Kenneth Duberstein, Armitage's political adviser, and William Taft IV, who was the State Department legal adviser when Armitage was deputy secretary."Robert Novak, "Who Said What When: The Rise and fall of the Valerie Plame 'scandal'", ''The Weekly Standard'', October 16, 2006, book review of "Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War," by Michael Isikoff and David Corn, accessed October 8, 2008.
Armitage also acknowledges that he was Woodward's source. At the end of a lengthy interview conducted in the first week of September 2006, he describes his June 2003 conversation with Woodward as an afterthought: "He said, 'Hey, what's the deal with Wilson?' and I said, 'I think his wife works out there.'" Armitage Says He Was Source on Plame
On February 12, 2007, Novak testified in Libby's trial. As Michael J. Sniffen of the Associated Press reports:
In his memoir, titled "The Prince of Darkness: 50 Years of Reporting In Washington," Novak writes that after Armitage revealed to him that Joe Wilson's wife worked at the CIA, "Armitage smiled and said: 'That's real Evans and Novak, isn't it?.' I believe he meant that was the kind of inside information that my late partner, Rowland Evans, and I had featured in our column for so long. I interpreted that as meaning Armitage expected to see the item published in my column."[20]
Justice Department investigation pertaining to Novak's column
The matter of the leak of Valerie Wilson's classified CIA covert identity as Valerie Plame was investigated by the U.S. Department of Justice Office of Special Counsel.
The redactions in a March 1, 2006, affidavit by Special Counsel Patrick Fitzgerald suggest that he was aware then of the identity of Novak's original source. According to the affidavit,
In May 2006, it was reported that on September 29, 2003, the same day on which Novak made a statement on the ''Crossfire'' television program about the investigation, and three days after it became known that the CIA had asked the Justice Department to launch an investigation, Novak and Rove had a telephone converstation in which Novak told Rove he would protect him from being harmed by the investigation. According to the ''National Journal'', "Rove testified to the grand jury that during his telephone call with Novak, the columnist said words to the effect: 'You are not going to get burned' and 'I don't give up my sources.'" When "asked during his grand jury appearance his reaction to the telephone call," the ''National Journal'' continues, "Rove characterized it as a 'curious conversation' and didn't know what to make of it." Rove-Novak Call Was Concern to Leak Investigators
On July 11, 2006, Robert Novak posted a column entitled "My Role in the Valerie Plame Leak Story":
Novak dispells rumors that he asserted his Fifth Amendment right and made a plea bargain, stating:
Novak continues:
Novak says that he did not reveal his "primary source" in the column because Novak also states that Rove's and Bill Harlow's recollections of their conversations with Novak about Plame differed from his. Harlow is the person whom Novak refers to as his "CIA source" for his column "Mission to Niger". My Role in the Valerie Plame Leak Story
Bush administration officials subpoenaed to testify in Fitzgerald's Grand Jury Investigation
I. Lewis "Scooter" Libby
On October 28, 2005, Special Counsel Patrick Fitzgerald issued a five-count indictment of "Scooter" Libby, Vice President Cheney's former Chief of Staff, leading Libby to resign his post hours later, to his trial United States v. Libby, and to his conviction in that trial on four counts of perjury and obstruction of justice for lying during the leak investigation on March 6, 2007,. It is the only indictment brought by the grand jury, and Fitzgerald has stated that he does not expect to be indicting anyone else, citing repeatedly Libby's obstruction of justice as a main impediment to finding out what happened in investigating the leak of Valerie Wilson's classified, covert CIA identity.
The Grand Jury Investigation indictment of Libby states:
According to Special Counsel Patrick Fitzgerald, Libby first learned of Valerie Wilson's employment at the CIA in early June 2003 from Vice President Dick Cheney and proceeded to discuss her with six other government officials in the following days and months before disclosing her name to reporters Judith Miller and Matthew Cooper in early July 2003. Fitzgerald asserts that Vice President Cheney told Libby about Mrs. Wilson's CIA employment as the two crafted a response to an inquiry about Wilson's trip from reporter Walter Pincus. While her name was not disclosed to Pincus, Fitzgerald asserts that Pincus's inquiry "further motivated [Libby] to counter Mr. Wilson’s assertions, making it more likely that [Libby's] disclosures to the press concerning Mr. Wilson's wife were not casual disclosures that he had forgotten by the time he was asked about them by the Federal Bureau of Investigation and before the grand jury."[21]
Libby does not dispute that he initially heard about Mrs. Wilson from Cheney, but he claims that he had no recollection of that fact when he told the FBI in October 2003 and the grand jury in March 2004 that he remembered first learning about Mrs. Wilson in a conversation with NBC’s Tim Russert on July 10, 2003. Libby told the grand jury that only after he was shown his calendar and notes by investigators did he remember that he actually learned the information about Mrs. Wilson from Cheney in June 2003. During Libby's trial, Libby's lawyers argued that Libby’s testimony to the grand jury and his interviews with the Federal Bureau of Investigation may have contained inaccuracies but that they were the result of innocent memory lapses explained by his pressing schedule of national security issues. Libby's defense lawyers also challenged the memory and recollections of each prosecution witness.
According to press accounts Cheney told investigators that he had learned of Mrs. Wilson's employment by the CIA and her potential role in her husband being sent to Niger by then-CIA director George Tenet, though it's unclear whether Cheney was made aware of her classified status. Tenet has told investigators that he had no specific recollection of discussing Plame or her role in her husband's trip with Cheney. Tenet did recall, however, that he made inquiries regarding the veracity of the Niger intelligence information as a result of inquires from both Cheney and Libby. According to press accounts, Libby told investigators that on July 12, 2003, while aboard Air Force Two, he and Cheney may have discussed leaking information about Plame to reporters. Libby told investigators he believed at the time that the information about Plame had come from Russert. After arriving back in Washington, according to Cooper's and Miller's testimony at Libby's trial, Libby spoke to both of them by telephone and confirmed to them that Plame worked for the CIA and may have played a role in sending her husband to Niger. FBI agent Deborah Bond testified at Libby's trial that during Libby's second FBI interview in his office on November 23, 2003, Libby was asked about the July 12 flight. Bond testified Libby told the FBI "there was a discussion whether to report to the press that Wilson's wife worked for the CIA." She added that Mr. Libby expressed some doubt, however, adding "Mr. Libby told us he believed they may have talked about it, but he wasn't sure." She testified that Libby did say he had discussed Wilson's wife with Cheney sometime after allegedly discussing her with Russert. Libby reportedly told investigators that neither the president nor the vice president specifically directed him or other administration officials to disclose Plame's CIA employment to the press.[22][23][24][25][26]
According to court documents, by December 2004 Fitzgerald lacked evidence to prove Libby had violated the Intelligence Identities Protection Act and was pursuing charges related to "perjury, false statements and the improper disclosure of national defense information." Appeals from the United States District Court for the District of Columbia IN RE: GRAND JURY SUBPOENA, JUDITH MILLER
During Libby's trial, the prosecution focused the jury on a sequence of events occurring between May and July 2003. According to prosecutors, given the level of interest coming from the Vice President's office regarding Joe Wilson, it was impossible for Libby to have forgotten during his FBI interviews and grand jury testimony that he already knew that Wilson's wife worked for the CIA.[27][28][29][30][31][32][33]
On March 6, 2007, Libby was found guilty on four of the five counts against him. After the verdict was read to the court, Denis Collins, a member of the jury and a journalist who has written for ''The Washington Post'' and other newspapers, spoke to the press. According to Collins, some in the jury felt sympathy for Libby and believed he was only the "fall guy." Collins said that "a number of times" the jurors asked themselves, "what is [Libby] doing here? Where is Rove and all these other guys. I’m not saying we didn’t think Mr. Libby was guilty of the things we found him guilty of. It seemed like he was, as Mr. Wells [Ted Wells, Libby’s attorney] put it, he was the fall guy."
According to Collins, "What we’re in court deciding seems to be a level or two down from what, before we went into the jury, we supposed the trial was about, or had been initially about, which was who leaked [Plame’s identity]. Some jurors commented at some point: ‘I wish we weren’t judging Libby. You know, this sucks. We don’t like being here.’ But that wasn’t our choice." Collins described how after 10 days of deliberations, "What we came up with from that was that Libby was told about Mrs. Wilson nine times...We believed he did have a bad memory, but it seemed very unlikely he would not remember about being told about Mrs. Wilson so many times....Hard to believe he would remember on Tuesday and forget on Thursday." Juror Explains Libby Verdict: They Felt He Was 'Fall Guy' 'Where’s Rove? Where are these other guys?': Juror Says Libby Was Guilty But Was Set Up to Take the Fall in Plame Probe Collins told the press "Well, as I said before, I felt like it was a long, you know, haul to get this jury done. And if Mr. Libby is pardoned, I would have no problem with that." Transcript of ''Hardball with Chris Matthews''
Another member of the jury, Ann Redington, who broke down and cried as the verdict was being read, also told Chris Matthews, in a March 7, 2007, appearance on ''Hardball'', that she hoped Libby would eventually be pardoned by President Bush; she told Matthews that she believed Libby "got caught in a difficult situation where he got caught in the initial lie, and it just snowballed" and added: "It kind of bothers me that there was this whole big crime being investigated and he got caught up in the investigation as opposed to in the actual crime that was supposedly committed."[34]
On May 25, 2007, in a court filing, Fitzgerald asked Judge Reggie B. Walton to sentence Libby to 30 to 37 months in jail, because Libby had "expressed no remorse, no acceptance of responsibility and no recognition that there is anything he should have done differently." Fitzgerald stated "Mr. Libby was a high-ranking government official whose falsehoods were central to issues in a significant criminal investigation, it is important that this court impose a sentence that accurately reflects the value the judicial system places on truth-telling in criminal investigations."[35] The defense sought leniency based on Libby's record of public service.[36]
The Probation Office's recommended sentence to Judge Walton was cited in court documents to be no more than 15 to 21 months of incarceration. According to court documents, the Probation Office opined that the more serious sentencing standards should not apply to Libby since "the criminal offense would have to be established by a preponderance of the evidence,...[and] the defendant was neither charged nor convicted of any crime involving the leaking of Ms. Plame’s ‘covert’ status."[37][38]
On June 5, 2007, Libby was sentenced to 30 months in prison, a fine of US$250,000, and two years of probation (supervised release) after the expiration of his prison term.[39] According to ''The Washington Post'', Judge Walton expressed his belief that the trial did not prove Libby knew that Plame worked in an undercover capacity when he disclosed her identity to several reporters. He added, however, that "anybody at that high-level position had a unique and special obligation before they said anything about anything associated with a national security agency [to] . . . make every conceivable effort" to verify their status before releasing information about them. Walton stated "While there is no evidence that Mr. Libby knew what the situation was, he surely did not take any efforts to find out,...I think public officials need to know if they are going to step over the line, there are going to be consequences. . . . [What Libby did] causes people to think our government does not work for them."[40]
On July 2, 2007, President Bush commuted the sentence. No pardon was given, and the fine and probation, as well as the felony conviction remain. The statement said: "Mr. Libby was sentenced to thirty months of prison, two years of probation, and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation. I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison. My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby."[41]
On July 5, 2007, it was reported that Libby had sent a cashier’s check dated July 2 in the amount of $250,400 to the court clerk of the District of Columbia. NBC News reported that Libby paid the fine through his personal funds and not through a defense fund set up in his name.[42][43]
On July 12, 2007, President Bush held a press conference and was asked about his commutation of Libby's prison sentence. Bush told reporters:
:"First of all, the Scooter Libby decision was, I thought, a fair and balanced decision. Secondly, I haven't spent a lot of time talking about the testimony that people throughout my administration were forced to give as a result of the special prosecutor. I didn't ask them during the time and I haven't asked them since.
:"I'm aware of the fact that perhaps somebody in the administration did disclose the name of that person, and I've often thought about what would have happened had that person come forth and said, I did it. Would we have had this, you know, endless hours of investigation and a lot of money being spent on this matter? But it's been a tough issue for a lot of people in the White House, and it's run its course and now we're going to move on."[44]
Karl Rove
In his grand jury testimony, Karl Rove testified he learned of Plame's CIA affiliation from journalists and not from government officials. Rove testified that Novak called him in July 2003 to discuss a story unrelated to Plame or Wilson. Eventually, according to Rove, Novak told him he planned to report in an upcoming column that Plame worked for the CIA. Rove told the grand jury that by the time Novak had called him, he had already learned of Plame from other reporters, but that he could not recall which reporters had told him. When Novak inquired about Wilson's wife working for the CIA, Rove indicated he had heard something like that, according to the source's recounting of the grand jury testimony for the Associated Press. Rove told the grand jury that three days later, he had a phone conversation with Time magazine reporter Matt Cooper and, in an effort to discredit some of Wilson's allegations, informally told Cooper that he believed Wilson's wife worked for the CIA, though he never used her name. Rove also testified to the grand jury that he had heard from Libby that Plame worked for the CIA. Rove testified that Libby told him that he heard the information from journalists.[45] Why Rove Testified for a Fifth Time
The indictment of Libby states: "On or about July 10 or July 11, 2003, LIBBY spoke to a senior official in the White House ("Official A") who advised LIBBY of a conversation Official A had earlier that week with columnist Robert Novak in which Wilson’s wife was discussed as a CIA employee involved in Wilson’s trip. LIBBY was advised by Official A that Novak would be writing a story about Wilson’s wife." Though never confirmed by Fitzgerald, it has been reported that Rove was "Official A."[46] "Libby Indictment"
On July 2, 2005, Karl Rove's lawyer, Robert Luskin, confirmed that Rove spoke to ''Time'' reporter Matt Cooper "three or four days" before Plame's identity was first revealed in print by commentator Robert Novak. Cooper's article in ''Time'', citing unnamed and anonymous "government officials," confirmed Plame to be a "CIA official who monitors the proliferation of weapons of mass destruction." Cooper's article appeared three days after Novak's column was published. Rove's lawyer asserted that Rove "never knowingly disclosed classified information" and that "he did not tell any reporter that Valerie Plame worked for the CIA." When to Give Up a Source Lawyer Says Rove Talked to Reporter, Did Not Leak Name Luskin also has said that his client did not initiate conversations with reporters about Plame and did not encourage reporters to write about her. Obvious Question in Plame Case Had Early Answer
Initially, Rove failed to tell the grand jury about his conversations with Cooper. According to Rove, he only remembered he had spoken to Cooper after discovering a July 11, 2003, White House e-mail that Rove had written to then-deputy National Security advisor Stephen J. Hadley in which Rove said he had spoken to Cooper about the Niger controversy. Luskin also testified before the grand jury. He told prosecutors that ''Time'' reporter Viveca Novak had told him prior to Rove's first grand jury appearance that she had heard from colleagues at Time that Rove was one of the sources for Cooper's story about Plame. Luskin in turn said that he told Rove about this, though Rove still did not disclose to the grand jury that he had ever spoken to Cooper about Plame. Viveca Novak testified she couldn't recall when she spoke to Luskin. Rove testified a total of five times before the federal grand jury investigating the leak. After Rove's last appearance, Luskin released a statement that read in part: "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."[47]
On July 11, 2006, Robert Novak confirmed that Rove was his second source for his article that revealed the identity of Valerie Plame as a CIA agent, the source who confirmed what Armitage had told him."Novak: Rove Confirmed Plame's Identity: Columnist Reveals Cooperation in Probe, Won't Name First Source", CNN July 11, 2006, accessed February 19, 2007.
On February 12, 2007, Novak testified in Libby's trial. As Michael J. Sniffen of the Associated Press reports:
Shortly after the publication of Novak's article, Rove also reportedly called Chris Matthews and told him off the record
that "Wilson's wife is fair game." "United States District Court for the District of Columbia Memorandum Opinion" Russ Hoyle, "The Niger Affair: The Investigation That Won't Go Away," "Foreword" (xiii-xlix) in Joseph C. Wilson, IV, ''The Politics of Truth: Inside the Lies that Put the White House on Trial and Betrayed My Wife's CIA Identity: A Diplomat's Memoir'', rev. ed. (2004; New York: Carroll & Graf Publishers, 2005) xl: "Rove reportedly told MSNBC's Chris Matthews, the host of the political talk show ''Hardball'', that the White House considered Wilson and his wife fair game for poiltical payback." Cf. Joseph C. Wilson, "The Sixteen Words", chap. 1 in ''The Politics of Truth'':
"'WILSON'S WIFE IS FAIR GAME.'" Those are fighting words for any man, and I'd just had them quoted to me by MSNBC's Chris Matthews. It was July 21, 2003, barely a week since a column by Robert Novak in the ''Washington Post'' had named my wife, Valerie, as a CIA officer, and now the host of ''Hardball'' was calling to tell me that as far as the White House was concerned, they had declared open season on my family. ... In his signature staccato, Matthews was blunt: "I just got off the phone with Karl Rove. He says, and I quote, 'Wilson's wife is fair game.'" (1; cf. 4-5, 351, 373)On August 19, 2007, Rove was asked by David Gregory on ''Meet the Press'' about whether Rove considered Plame to be "fair game." Rove replied "No. And you know what? Fair game, that wasn’t my phrase. That’s a phrase of a journalist. In fact, a colleague of yours." ‘Meet the Press’ transcript for Aug. 19, 2007 Rove hasn't denied he had a conversation with Matthews. Newsweek reported in October 2003 that a source familiar with Rove's side of the conversation told ''Newsweek'' that Rove told Matthews it was "reasonable to discuss who sent [Joe] Wilson to Niger."[48]
Court documents reveal that in December 2004, Fitzgerald was pursuing perjury charges against Rove. Appeals from the United States District Court for the District of Columbia IN RE: GRAND JURY SUBPOENA, JUDITH MILLER Like Armitage, who was Novak's first source of the leak, Rove was not indicted as a result of Fitzgerald's Grand Jury Investigation.[49]
On July 8, 2007, Rove spoke publicly about the investigation at the Aspen Ideas Festival question-and-answer session. Rove told the audience "My contribution to this was to say to a reporter, which is a lesson about talking to reporters, the words 'I heard that too,'...Remember, the underlying offense of Armitage talking to Novak was no violation. There was no indictment."[50][51]
After announcing his resignation from the Bush Administration, Rove appeared on Fox News Sunday and Meet the Press, and discussed his role in the Plame affair. According to Rove, he didn't believe he was a confirming source for Robert Novak and Matt Cooper with regard to Plame. Rove also reiterated that he first learned of Plame from another reporter, though would not disclose which reporter. Rove told Gregory "I acted in an appropriate manner, made all the appropriate individuals aware of, of, of my contact. I met with the FBI right at the beginning of this, told them everything. You’re right, the special prosecutor declined to take any action at all. I was never a target." Rove told Chris Wallace on ''Fox News Sunday'' "I didn't know her name, didn't know her status at the CIA." ‘Meet the Press’ transcript for Aug. 19, 2007 [52]
Ari Fleischer
In January 2007, during the first week of Scooter Libby's trial, it was revealed in court proceedings that former White House Press Secretary Ari Fleischer was granted immunity from prosecution by Patrick Fitzgerald in February 2004.[53] Fleischer reportedly acknowledged discussing Valerie Plame with reporters, but promised to cooperate with Fitzgerald's investigation only if granted immunity. Once the deal was struck, Fleischer told Fitzgerald that he had discussed Plame with David Gregory of ''NBC News'' and John Dickerson of ''Time'' in July 2003, days before leaving his job at the White House. Fleischer testified that he first learned about Plame and her CIA affiliation during a July 7, 2003, lunch with Libby. Fleischer also testified that four days later, while aboard Air Force One and during a five-day trip to several African nations, he overheard Dan Bartlett reference Plame. According to Fleischer, Bartlett stated to no one in particular "His wife sent him...She works at the CIA." Shortly after overhearing Bartlett, Fleischer proceeded to discuss Plame with Gregory and Dickerson. According to Fleischer, neither Gregory nor Dickerson showed much interest in the information. Dickerson has denied Fleischer's account.[54] Gregory has declined to comment on the matter.[55] With regards to the immunity deal, Fitzgerald told the court "I didn't want to give [Fleischer] immunity. I did so reluctantly." Libby's attorney, William Jeffress, sought to learn more about the deal, telling the court "I'm not sure we're getting the full story here." According to Matt Apuzzo of the Associated Press, "Prosecutors normally insist on an informal account of what a witness will say before agreeing to such a deal. It's known in legal circles as a proffer, and Fitzgerald said [in court] he never got one from Fleischer."[56][57][58]
Journalists subpoenaed to testify in Fitzgerald's Grand Jury Investigation
In a January 23, 2006, letter to Scooter Libby's defense team, Patrick Fitzgerald states:
Bob Woodward
On November 16, 2005, in an article entitled "Woodward Was Told of Plame More Than Two Years Ago," published in ''The Washington Post,'' Jim VandeHei and Carol D. Leonnig revealed that Bob Woodward was told of Valerie Wilson's CIA affiliation a month before it was reported in Robert Novak's column and before Wilson's July 6, 2003 editorial in the New York Times. Woodward Was Told of Plame More Than Two Years Ago At an on-the-record dinner at a Harvard University Institute of Politics forum in December 2005, according to the ''Harvard Crimson'', Woodward discussed the matter with fellow Watergate reporter Carl Bernstein, responding to Bernstein’s claim that the release of Plame’s identity was a "calculated leak" by the Bush administration with "I know a lot about this, and you’re wrong." The ''Crimson'' also states that "when asked at the dinner whether his readers should worry that he has been 'manipulated' by the Bush administration, Woodward replied, 'I think you should worry. I mean, I worry.'" Woodward Said Novak's Source 'Was Not in the White House'
Although it had been reported in mid-November 2005 that Novak's source was National Security Advisor Stephen Hadley, National Security Adviser Was Woodward's Source, Attorneys Say Security Adviser Named As Source in CIA Scandal almost a year later media reports revealed that the source of this information was Richard Armitage,which Armitage himself also confirmed.Michael Isikoff, "The Man Who Said Too Much," ''Newsweek'', August 28, 2006.
On February 12, 2007, Woodward testified in "Scooter" Libby's trial as a defense witness. While on the witness stand, an audiotape was played for the jury that contained the interview between Armitage and Woodward in which Plame was discussed. The following exchange is heard on the tape:
Judith Miller
New York Times reporter Judith Miller also claims to have learned Plame's CIA affiliation from Scooter Libby. Though she never published an article on the topic, Miller spent twelve weeks in jail when she was found in contempt of court for refusing to divulge the identity of her source to Fitzgerald's Grand Jury after he subpoenaed her testimony. Miller told the court, before being ordered to jail, "If journalists cannot be trusted to keep confidences, then journalists cannot function and there cannot be a free press." Miller was released from jail on September 29, 2005, after Libby assured her in a telephone call that a waiver he gave prosecutors authorizing them to question reporters about their conversations with him was not coerced. Libby also wrote Miller a letter while she was in jail urging her to cooperate with the special prosecutor.[59] The letter has come under scrutiny, and Fitzgerald asked Miller about it during her grand jury testimony.[60] Fitzgerald attempted to enter the letter into evidence at Libby's trial, arguing it showed Libby tried to influence her prospective testimony to the grand jury. Judge Walton ruled it inadmissible.[61]
Miller testified twice before the grand jury and wrote an account of her testimony for the ''New York Times''.
New York Times Reporter Jailed Jailed Reporter Reaches Deal in CIA Leak Probe My Four Hours Testifying in the Federal Grand Jury Room Cooper Agrees to Testify to Plame Grand Jury, Avoids Jail [62][63]
In her testimony at Libby's trial, Miller reiterated that she learned of Plame from Libby on June 23, 2003, during an interview at the Old Executive Office Building, and on July 8, 2003, during a breakfast meeting at the St. Regis Hotel in Washington D.C. At the July 8 meeting, which occurred two days after Joe Wilson's op-ed in the ''New York Times'', Libby told the grand jury "that he was specifically authorized in advance... to disclose the key judgments of the classified [October 2002] NIE to Miller" to rebut Wilson's charges. Libby "further testified that he at first advised the Vice President that he could not have this conversation with reporter Miller because of the classified nature of the NIE", but testified "that the Vice President had advised [Libby] that the President had authorized [Libby] to disclose relevant portions of the NIE."[25][65][24]
Miller was pressed by the defense at Libby's trial about conversations she may have had with other officials regarding the Wilsons. Miller also testified that after her conversation with Libby, she went to New York Times managing editor Jill Abramson and suggested the ''Times'' look into Wilson's wife. Abramson, however, testified at the trial that she had "no recollection of such a conversation." Former Times Reporter Testimony Is Challenged [67]
According to Denver criminal defense attorney Jeralyn Merritt, a press-accredited blogger who attended the trial, "After Judith Miller's testimony, Libby lawyer Ted Wells told the judge he would be moving for a judgment of acquittal on a count pertaining to her." Libby: One Part of Judith Miller Count May Be Dropped Neil A. Lewis reported in ''The New York Times'' on February 9, 2007, that "The Libby defense won a victory of sorts when Judge Reggie B. Walton agreed to exclude part of one of the five felony counts against Mr. Libby. But it remained unclear whether the change, which was not contested by the prosecutors, would matter in jury deliberations," and some speculated that Libby's conversation with Miller would be dropped from count 1 of the indictment. NBC’s Russert Wraps Up Prosecution Case in Libby Trial At Libby's sentencing hearing, Libby's lawyers filed a response to the Government's sentencing request. Libby's filing read, in part, "At the close of the government’s case, the defense moved to dismiss from the indictment the allegation that Mr. Libby had lied about his July 12 conversation with Ms. Miller, because the evidence did not support this allegation. The government did not oppose this motion, and the Court granted it."[68]
After the verdict was read, a juror told the press that while Miller's memory may have been bad, many on the jury felt sympathy for her due to the nature of her cross-examination. The juror also stated that Miller was deemed credible during deliberations due to the fact that she had made notes of her meeting with Libby. Juror Explains Libby Verdict: They Felt He Was 'Fall Guy' 'Where's Rove? Where are these other guys?': Juror Says Libby Was Guilty But Was Set Up to Take the Fall in Plame Probe
Walter Pincus
Walter Pincus, a Washington Post columnist, has reported that he was told in confidence by an unnamed Bush administration official on July 12, 2003, two days before Novak's column appeared, that Because he did not believe it to be true, Pincus claims, he did not report the story in ''The Washington Post'' until October 12, 2003:
On February 12, 2007, Pincus testified during Libby's trial that he learned Wilson's wife worked at the CIA from Ari Fleischer. According to Pincus, Fleischer "suddenly swerved off" topic during an interview to tell him of her employment. Fleischer, who was called to testify by the prosecution, had earlier testified he told two reporters about Valerie Plame, but on cross-examination testified that he did not recall telling Pincus about Plame.
Matthew Cooper
Days after Novak's initial column appeared, Matthew Cooper of ''Time'' magazine published Plame's name citing unnamed government officials as sources. In his article, entitled "A War on Wilson?", Cooper raises the possibility that the White House has "declared war" on Wilson for speaking out against the Bush Administration. "A War on Wilson?" Cooper initially refused to testify before the grand jury, and was prepared to defy a court order and spend time in jail to protect his sources. At a court hearing, where Cooper was expected to be ordered to jail, Cooper told U.S. District Judge Thomas Hogan: "I am prepared to testify. I will comply. Last night I hugged my son good-bye and told him it might be a long time before I see him again. I went to bed ready to accept the sanctions." Cooper explained that before his court appearance, he had received "in somewhat dramatic fashion" a direct personal communication from his source freeing him from his commitment to keep the source's identity secret. In an interview with National Review Online, Robert Luskin, Rove's attorney, stated: "Cooper's lawyer called us and said, 'Can you confirm that the waiver [Rove originally signed in December 2003 or in January 2004] encompasses Cooper?' I was amazed...So I said, 'Look, I understand that you want reassurances. If Fitzgerald would like Karl to provide you with some other assurances, we will.'" Cooper testified before the grand jury and wrote an account of his testimony for ''Time''. Cooper told the grand jury his sources for his article, "A War on Wilson?", were Karl Rove and Scooter Libby. What I Told The Grand Jury [69][70]
During his appearance at Libby's trial, Cooper recounted how he first learned about Valerie Wilson on July 11, 2003, from Karl Rove. Cooper testified that Rove told him to be wary of Joe Wilson’s criticisms in ''The New York Times''. "Don’t go too far out on Wilson," Cooper recalled Rove saying, adding that Wilson's wife worked at "the agency." Rove reportedly ended the call by saying, "I've already said too much." United States District Court for the District of Columbia Memorandum Opinion Cooper testified that when he spoke to Libby, he told Libby that he had heard that Joe Wilson’s wife worked at the C.I.A. According to Cooper, Libby responded, "I heard that too." Former Times Reporter Testimony Is Challenged In Libby's grand jury testimony, Libby recalled telling Cooper that he'd heard something to that effect but that he didn't know for sure if it were true. In Libby's trial, Cooper's notes became the subject of intense scrutiny by the defense.[71][72][73]
Libby was acquitted on one count involving Cooper. A juror told the press that count three of the indictment came down to Libby's word versus Cooper's word, and thus provided enough reasonable doubt. Juror Explains Libby Verdict: They Felt He Was 'Fall Guy'
Tim Russert
According to Patrick Fitzgerald and the Grand Jury Investigation indictment, in his sworn testimony, Libby claimed to have heard of Plame's CIA status from Tim Russert.
Both Russert and Libby testified that Libby called Russert on July 10, 2003 to complain about the MSNBC program Hardball and comments that were made on that show about Libby and Cheney with regard to Wilson's Niger trip and subsequent op-ed. Libby contends, however, that at the end of that conversation, Russert asked him: "Did you know that Ambassador Wilson's wife works at the CIA? All the reporters know it."[74] Libby's Grand Jury Testimony
At Libby's trial, Russert was questioned by prosecutors for only 12 minutes, but underwent more than five hours of pointed cross-examination over two days from defense attorney Theodore Wells Jr. Russert told prosecutors that he could not have told Libby about Plame because he had not heard of her until she was publicly revealed by Novak on July 14, 2003, four days after Russert spoke with Libby by phone. Wells challenged Russert's memory and his version of the events that lead to his crucial grand jury testimony. Wells also questioned Russert about his reaction to the announcement of Libby's grand jury indictment.
Wells also focused on a November 24, 2003, report by John C. Eckenrode, the FBI Special Agent who interviewed Russert as part of the DOJ investigation. In that report Eckenrode writes:
Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.[75]
Russert testified, however, that he does not believe that he said what Eckenrode reports; while he acknowledged on cross examination that he was not asked about any conversations he may have had with David Gregory or Andrea Mitchell regarding Plame during his deposition with Fitzgerald, he also told the jury that "they never came forward" to share with him anything they were learning about Joe Wilson or Valerie Plame from administration officials, and he testified that after Novak's column was published, the NBC Washington bureau (which he heads) debated whether pursuing Plame's role in the story would compromise her job at the CIA and ultimately decided to pursue the story.[76][77][78] NBC’s Russert Wraps Up Prosecution Case in Libby Trial [79][80]
According to multiple news accounts of the trial, Russert's testimony was key to Libby's conviction or acquittal, and on the day that the defense rested, February 14, 2007, the judge refused to allow the defense to call Russert back to the stand.Jeralyn Merritt, "The Defense Rests", ''TalkLeft'' (accredited press blog), February 14, 2007, accessed February 15, 2007. A juror told the press that the members of the jury found Russert to be very credible in his testimony. "The primary thing that convinced us on most of the counts was the conversation, alleged conversation with Russert," the juror told the press.[81]
Legal issues relating to the CIA leak scandal
There are some major legal issues surrounding the allegations of illegality by administration officials in the CIA leak scandal, including Executive Order 12958, the Intelligence Identities Protection Act, the Espionage Act, Title 18 Section 641, conspiracy to impede or injure officers, the Classified Information Nondisclosure Agreement, other laws and precedents, perjury, conspiracy, obstruction of justice, and compelling the media to testify.
Congressional hearings
On March 8, 2007, two days after the verdict in the Libby trial, Congressman Henry Waxman, chair of the U.S. House Committee on Government Reform, announced that his committee would ask Plame to testify on March 16, in an effort by his committee to look into "whether White House officials followed appropriate procedures for safeguarding Plame's identity."[82]
Plame's testimony
On March 16, 2007, Plame testified before the committee. Henry Waxman read a prepared statement that was cleared by CIA director Michael Hayden. It read in part:
Plame's opening statement included the following:
When asked by the committee the definition of the term "covert", Plame responded: "I'm not a lawyer, but my understanding is that the CIA is taking affirmative steps to ensure that there is no links between the operations officer and the Central Intelligence Agency." When asked if she was ever told whether her status fit the definition under the Intelligence Identities Protection Act, Plame replied: "No," adding "I'm not a lawyer, but I was covert. I did travel overseas on secret missions within the last five years...[but] no, no one told me that [I fit the definition under the IIPA]."
Plame also told the committee: "For those of us that were undercover in the CIA, we tended to use 'covert' or 'undercover' interchangeably. I'm not — we typically would not say of ourselves we were in a 'classified' position. You're kind of undercover or overt employees."
Plame told the committee she believed her "name and identity were carelessly and recklessly abused by senior officials in the White House and State Department." Plame testified that "I could count on one hand the number of people who knew where my true employer was the day that I was — my name was — and true affiliation was exposed in July 2003." As a result of her exposure as a CIA operative, Plame told the committee "I could no longer perform the work for which I had been highly trained." When asked if she had any evidence government officials knew she was covert when disclosing her identity to reporters, Plame responded "That, I think, is a question better put to the special prosecutor, Congressman."
Knodell's testimony
Dr. James Knodell, Director of the Office of Security at the White House, testified before the committee as well. He was asked whether the White House conducted any internal investigation, as is required by Executive Order 12958. Knodell said that he had started at the White House in August 2004, a year after the leak, but his records showed no evidence of a probe or report: "I have no knowledge of any investigation in my office," he said.[83] When asked why no internal investigation was conducted or disciplinary actions taken after he took office, Knodell replied "there was already an outside investigation that was taking place, a criminal investigation. So that's why we took no action."[84] In response to Knodell's testimony, Waxman sent a letter to White House Chief of Staff Joshua Bolton asking for clarification as to the "steps that the White House took following the disclosure of Ms. Wilson's identity." Letter from Henry Waxman to Joshua Bolton
According to Waxman:
Citing Executive Order 12958, Waxman observes that the "White House is required to 'take appropriate and prompt corrective action' whenever there is a release of classified information." On September 29, 2003, approximately two and a half months after the disclosure of Plame's identity and subsequent filing of a crimes report by the CIA with the Justice Department, White House press secretary Scott McClellan told reporters: "The president believes leaking classified information is a very serious matter and it should be pursued to the fullest extent by the appropriate agency and the appropriate agency is the Department of Justice." McClellan also stated that the White House would not launch an internal probe and would not ask for an independent investigation into the matter.[85]
Other testimony
Attorneys Mark Zaid and Victoria Toensing also testified before the committee. Each testified that Plame may not have been covert under the IIPA, and that the legal definition is more narrow than the general CIA designation. Zaid told the committee, "Mrs. Toensing is absolutely correct with many of her questions with respect to the Intelligence Identities Act, which has a very exacting standard. Mrs. Plame, as she indicated, was covert. That's a distinction between possibly under the Intelligence Identities Act, and that classified information was leaked. And the question then is it of a criminal magnitude versus something less than that and these could be any number of penalties." Hearing Examines Exposure of Covert CIA Agent Valerie Plame Wilson's Identity
Special Counsel Patrick Fitzgerald was also asked to testify. In a letter to Waxman, Fitzgerald responded to Waxman's request in part:
Reaction to hearing
According to Robert Novak, Rep. Peter Hoekstra and Hayden were in a conference together five days after the committee hearing. Novak reported that Hayden "did not answer whether Plame was covert under the terms of the Intelligence Identities Protection Act" when pressed by Hoekstra.[86] Novak reported on April 12, 2007 that:
:"Hayden indicated to me he had not authorized Democratic Rep. Henry Waxman to say Plame had been a 'covert' CIA employee, as he claimed Hayden did, but only that she was 'undercover'...I obtained Waxman's talking points for the hearing. The draft typed after the Hayden-Waxman conversation said, 'Ms. Wilson had a career as an undercover agent of the CIA.' This was crossed out, the hand-printed change saying she 'was a covert employee of the CIA'...Hayden told me that the talking points were edited by a CIA lawyer after conferring with Waxman's staff. 'I am completely comfortable with that,' the general assured me. He added he now sees no difference between 'covert' and 'undercover'...Mark Mansfield, Hayden's public affairs officer, next e-mailed me: 'At CIA, you are either a covert or an overt employee. Ms. Wilson was a covert employee'...On March 21, Hoekstra again requested that the CIA define Plame's status. A written reply April 5 from Christopher J. Walker, the CIA's director of congressional affairs, said only that 'it is taking longer than expected' to reply because of 'the considerable legal complexity required for this tasking.'"[87]
Possible consequences of the public disclosure of Plame's CIA identity
There has been debate over what kinds of damage may have resulted from the public disclosure of Valerie Plame's identity as a CIA operative in Novak's column and its fallout, how far and into what areas of national security and foreign intelligence that damage might extend, particularly vis-à-vis Plame's work with her cover company, Brewster Jennings & Associates.
On October 3, 2004, ''The Washington Post'' quotes a former diplomat predicting immediate damage:
In contrast, in an October 27, 2005, appearance on ''Larry King Live'', Bob Woodward commented:
In an appearance the next night, October 28, 2005, on ''Hardball'', Andrea Mitchell was quoted as saying:
Following Mitchell's appearance on ''Hardball'', on October 29, 2006, ''The Washington Post's Dafna Linzer reported that no formal damage assessment had yet been conducted by the CIA "as is routinely done in cases of espionage and after any legal proceedings have been exhausted." Linzer writes:
Mark Lowenthal, who retired from a senior management position at the CIA in March 2005 reportedly told Linzer:
Another intelligence official who spoke anonymously to Linzer cited the CIA's interest in protecting the agency and its work:
On October 28, 2005, the Office of Special Counsel issued a press release regarding Libby's indictment. The following is stated regarding Plame:
In a November 3, 2005, online live discussion, in response to a question about the Fitzgerald investigation, ''The Washington Post's Dana Priest, a Pulitzer Prize-winning journalist specializing in matters of national security, opined:
In a January 9, 2006, letter addressed to "Scooter" Libby's defense team, Patrick Fitzgerald responded to a discovery request by Libby's lawyers for both classified and unclassified documents. In the letter, Fitzgerald writes:
He continues:
On March 16, 2007, Plame told the House Committee on Oversight and Government Reform "But I do know the Agency did a damage assessment. They did not share it with me, but I know that certainly puts the people and the contacts I had all in jeopardy, even if they were completely innocent in nature." Plame hearing transcript
During Libby's trial, Judge Reggie Walton told the jury "No evidence will be presented to you with regard to Valerie Plame Wilson’s status. That is because what her actual status was, or whether any damage would result from disclosure of her status, are totally irrelevant to your decision of guilt or innocence. You must not consider these matters in your deliberations or speculate or guess about them." During court proceedings, when the jury wasn't present, Walton told the court "I don’t know, based on what has been presented to me in this case, what her status was...It’s totally irrelevant to this case...I to this day don’t know what her actual status was."[88]
Larisa Alexandrovna of The Raw Story reports that three intelligence officials, who spoke under condition of anonymity, told her that
According to her sources,
Alexandrovna also reports that while Plame was undercover she was involved in an operation identifying and tracking weapons of mass destruction technology to and from Iran, suggesting that her outing "significantly hampered the CIA's ability to monitor nuclear proliferation." Her sources also stated that the outing of Plame also compromised the identity of other covert operatives who had been working, like Plame, under non-official cover status. These anonymous officials said that in their judgement, the CIA's work on WMDs has been set back "ten years" as a result of the compromise. Outed CIA Officer Was Working on Iran, Intelligence Sources Say
MSNBC correspondent David Shuster reported on Hardball later, on May 1, 2006, that MSNBC had learned "new information" about the potential consequences of the leaks:
On September 6, 2006, David Corn published an article for The Nation entitled "What Valerie Plame Really Did at the CIA" in which Corn reports that Plame was placed in charge of the operations group within the Joint Task Force on Iraq in the spring of 2001 and that, "when the Novak column ran," in July 2003:
According to Vanity Fair:
In testifying before Congress, Plame described the damage done by her exposure as such:
:"The CIA goes to great lengths to protect all of its employees, providing at significant taxpayers' expense painstakingly devised and creative covers for its most sensitive staffers. The harm that is done when a CIA cover is blown is grave, but I can't provide details beyond that in this public hearing. But the concept is obvious.
:"Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents, who in turn risk their own lives and those of their families to provide the United States with needed intelligence. Lives are literally at stake." Plame hearing transcript
Main articles: Valerie Plame#Career
Other perspectives on the CIA leak scandal
Main articles: Alternate theories regarding the CIA leak scandal
Since the CIA leak scandal became public knowledge, commentators began presenting multiple and often highly-contested perspectives on it in various media.
See also
★ CIA leak grand jury investigation
★ CIA leak scandal criminal investigation
★ Plame affair timeline
★ Plame v. Cheney
★ United States Intelligence Community
★ United States v. Libby
★ U.S. Department of Justice Office of Special Counsel
★ Yellowcake forgery
Notes
1. Plame's Suit Against Top Officials Dismissed
2. Letter from Bruce C. Swartz to David Addington (PDF page 4)
3. Letter from James B. Comey to Patrick Fitzgerald
4. Bush Says He'll Fire Any Aide Who 'Committed a Crime'
5. Role of Rove, Libby in CIA Leak Case Clearer
6. "No charges against Rove in CIA leak case", New York Times, June 14, 2006
7. "Plame Lawsuit Brief", ''USA Today'', accessed July 13, 2006.
8. David Corn, "What Valerie Plame Really Did at the CIA", ''The Nation'' (Web only) September 6, 2006, accessed December 6, 2006.
9. Cheney aide denies Libby account of CIA leak
10. Libby's Grand Jury Testimony (PDF)
11. Outed CIA operative blames White House, State officials
12. "Plame Sheds Little Light in Leak Case"
13. Report of the Select Committee on Intelligence (PDF)
14. Analysis: Plame Asked to Explain Trip Role
15. I. Lewis 'Scooter' Libby Guilty on Four of Five Counts in CIA Leak Trial
16. David Corn, "A White House Smear", ''Capital Games'' (blog), ''The Nation''. July 16, 2003.
17. Joe Wilson Who's Who in America entry
18. Murray S. Waas "Plame Gate," ''American Prospect'' (web exclusive), December 2, 2004.
19. Ex-CIA official’s comment about Plame story is inaccurate
20. Novak Memoir: Armitage Wanted Plame Named
21. Government's Response to Court's Inquiry regarding News Articles the Government Intends to Offer As Evidence At Trial (PDF)
22. FBI Agent: Libby, Cheney May Have Discussed Plame
23. Cheney Told Aide of C.I.A. Officer, Notes Show
24. The Libby-Cheney Connection
25. Libby Says Bush Authorized Leaks
26. Bush Directed Cheney To Counter War Critic
27. First Witnesses May Bolster Libby Defense
28. Libby Describes Forgetting, Relearning CIA Operative's Identity
29. Diary of the Leak Trial (Timeline)
30. In Closing Pleas, Clashing Views on Libby’s Role
31. The Cloud Over Cheney
32. Court Hears Libby Describe Cheney as 'Upset' at Critic
33. FBI Agent Testifies Libby Learned About Plame from Cheney
34. Juror Calls On Bush to Pardon Libby
35. Libby Prosecutor Asks for No Leniency in Sentence
36. Libby's Lawyers Argue Against Prison as Fitzgerald Seeks 30 Months
37. Was Libby’s Prison Sentence 'excessive'?
38. "Government's Memorandum Of Law In Support Of Its Proposed Sentencing Guidelines Calculations"
39. Libby Sentenced to 30 Months in Prison
40. Libby Given 21/2-Year Prison Term
41. Bush Commutes Libby Sentence, Saying 30 Months 'Is Excessive'
42. Libby Pays 0,000 Fine
43. Libby Pays Fine: Judge Poses Probation Query
44. Press Conference by the President
45. Source Tells AP About Rove's Grand Jury Testimony on Plame Leak
46. Mysterious 'Official A' Is Karl Rove
47. Rove Testifies 5th Time on Leak
48. Plamegate Turns D.C. Upside Down
49. Jim VandeHei, "Rove Will Not Be Charged in CIA Leak Case, Lawyer Says", ''The Washington Post'', June 14, 2006, accessed November 20, 2006.
50. Rove Faces Cynics in Aspen
51. Rove, Powell Engage in CIA Leak Case
52. Transcript: Karl Rove on 'FOX News Sunday'
53. Government Exhibit GX51: Order of Use Immunity Before the Grand Jury
54. My Surreal Day at the Libby Trial
55. Libby Trial Opens with Simple Tales and Complex Plots
56. Libby Lawyers Seek Facts on Immunity Deal
57. "Former Press Secretary Says Libby Told Him of Plame"
58. Former White House Spokesman Fleischer Contradicts Libby's Claims in Perjury Trial
59. Letter from Libby to Miller (PDF)
60. Libby's Letter to Miller Raises 'Troubling' Issues
61. Libby Live: Judy Five ("live-blogging" transcript of court proceedings)
62. N.Y. Times Reporter Released From Jail
63. Times Reporter Testifies Again in CIA Leak Probe
64. Libby Says Bush Authorized Leaks
65. Iraq’s Continuing Program for Weapons of Mass Destruction: Key Judgments from October 2002 NIE
66. The Libby-Cheney Connection
67. Lawyer: Neither Cheney nor Libby will testify in CIA leak case
68. Defendant I. Lewis Libby's Opposition to the Government's Memorandum of Law in Support of Its Proposed Sentencing Guidelines Calculations
69. Cooper Agrees to Testify to Plame Grand Jury, Avoids Jail
70. Lawyer: Cooper 'Burned' Karl Rove
71. Leak Trial Reveals Flaws in Note-taking
72. What Scooter Libby Said, What Matt Cooper Wrote
73. Matt Cooper's Unmagical Notes
74. Russert Contradicts Libby
75. Defense Exhibit 1809.1: Stipulation Regarding Former FBI Inspector in Charge John C. Eckenrode (PDF)
76. Russert Testifies in Libby Perjury Trial
77. NBC's Russert Back on the Stand to Challenge Libby's Version of CIA Talk
78. Prosecution Rests Case in Libby's Perjury Trial
79. Russert on the Hot Seat in Libby Trial
80. Lawyers to Question Russert Credibility
81. For Jurors, Libby Might Be 'fall guy,' But He Was Guilty
82. Plame to Testify to Congress on Leak
83. White House Security Chief Reveals — No Probe of Plame Leak There
84. White House official: No probe launched into Plame leak (transcript)
85. "White House Vows Help in CIA Leak Probe"
86. Was She Covert?
87. CIA chief Plays Plame Game
88. Libby Judge: Even I Don’t Know Plame’s Status
Selected references
★ "AP falsely reported Wilson 'acknowledged his wife was no longer in an undercover job' when her identity was first publicly leaked". ''Media Matters for America'' July 15, 2005.
★ "A Bad Leak." ''The New York Times'' April 16, 2006, Editorial. Accessed November 18, 2006.
★ Ballard, Tanya N., and Kevin Dumouchelle, comps. "Key Players in the Plame Affair." ''The Washington Post'' October 20, 2005. (Incl. link to "Timeline.") Accessed November 17, 2006.
★ Corn, David. "Toensing and WSJ: Corn Outed Plame (Here We Go Again)." ''DavidCorn.com'' (journalist's blog) September 15, 2006. Accessed November 18, 2006. (Reply to Toensing's editorial in ''The Wall Street Journal''; linked therein.)
★ –––. "What Valerie Plame Really Did at the CIA." ''The Nation'' (web only) September 6, 2006. Accessed December 6, 2006.
★ –––. "A White House Smear." ''The Nation'' July 16, 2003. Accessed November 18, 2006. (Also linked in above source.)
★ De la Vega, Elizabeth. "The White House Criminal Conspiracy." Online posting. ''The Nation'' October 26, 2005. Issue of November 14, 2005. Accessed November 17, 2006.
★ Dickerson, John, and Viveca Novak. "Grand Jury Hears Plame Case in Front of a Grand Jury in the Investigation into Whether the Identity of CIA Operative Valerie Plame Was Improperly Leaked to the Press." ''Time'' January 22, 2004. Accessed November 17, 2006.
★ Gellman, Barton, and Dafna Linzer. "A 'Concerted Effort' to Discredit Bush Critic." ''The Washington Post'' April 9, 2006. Accessed November 17, 2006.
★ Hayes, Stephen F. "The White House, the CIA, and the Wilsons: The Chain of Events That Gave Rise to a Grand Jury Investigation." ''The Weekly Standard'' [11.6] October 24, 2005. Accessed November 17, 2006.
★ Hitchens, Christopher. "Plame's Lame Game: What Ambassador Joseph Wilson and His Wife Forgot to Tell Us about the Yellow-cake Scandal." ''Slate'' July 13, 2004.
★ Isikoff, Michael. "Matt Cooper's Source." ''Newsweek'' July 18, 2005. Accessed November 17, 2006.
★ ––, and David Corn. ''Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War''. New York: Crown, 2006 (Sept. 8). ISBN 0-307-34681-1.
★ Johnston, David, and Richard W. Stevenson, with David E. Sanger. "Rove Reportedly Held Phone Talk on C.I.A. Officer". ''New York Times'' July 15, 2005. Accessed November 17, 2006. (TimesSelect subscription required.)
★ Johnston, David, Richard W. Stevenson, and Douglas Jehl. "Cheney Told Aide of C.I.A. Officer, Lawyers Report." ''The New York Times'' October 25, 2005. Accessed November 17, 2006. (TimesSelect subscription required.)
★ Kerber, Ross, and Bryan Bender. "Apparent CIA Front Didn't Offer Much Cover." ''Boston Globe'' October 10, 2003). Accessed November 17, 2006.
★ Kincaid, Cliff. "Why Judith Miller Should Stay In Jail." ''Accuracy In Media'' July 11, 2005. Accessed November 17, 2006.
★ Leonnig, Carol D. "Papers Say Leak Probe Is Over." ''The Washington Post'' April 7, 2005. Accessed November 17, 2006.
★ End of an Affair ''The Washington Post'' September 01, 2006, Editorial: A20. Accessed December 6, 2006.
★ Miller, Zell."Rule Can Head Off Dirty Tricks at CIA." ''Atlanta Journal-Constitution'' November 2, 2005. Accessed November 17, 2006.
★ ''News War'': ''Secrets, Sources, and Spin'' (Parts 1 and 2). With correspondent Lowell Bergman. Special four-part series broadcast on ''Frontline''. Prod. of WGBH (Boston, Massachusetts). Public Broadcasting Service. Part 1 first broadcast 13 February, 2007. WXXI-TV (Rochester, New York). Part 1 incl. "Prologue: The Plame Affair" (chap. 1) and "Epilogue: 'Plamegate'" (chap. 8). Streaming video accessible online in both Windows Media Player and Quicktime. Accessed February 14, 2007. [Full transcripts to be posted online at pbs.org approx. 7 to 10 days following first broadcasts of each part of the series.]
★ Novak, Robert D."The CIA Leak." ''TownHall.com'' (syndicated column) October 1, 2003. Accessed December 12, 2006.
★ –––. "Mission to Niger." ''The Washington Post'' July 14, 2003: A21. Accessed December 12, 2006.
★ –––. "Who Said What Where When: The Rise and Fall of the Valerie Plame 'Scandal.'" ''The Weekly Standard'' October 16, 2006. Accessed December 5, 2006.
★ Parry, Robert. "Media Criticism: Shame on the Washington Post, Again." ''The Baltimore Chronicle'' February 19, 2007. Accessed March 13, 2007.
★ Polity Media, Inc. "Valerie Plame's Campaign Contributions" from 1999 and 2004. ''Newsmeat.com''. Accessed November 17, 2006.
★ "Q&A: The CIA Leak Case BBC News September 9, 2006. Accessed December 6, 2006.
★ "Richard Armitage Admits to Name-Dropping Incident." ''LegalNews. TV'' September 9, 2006. (ClipSyndicate media link provided.) Accessed November 17, 2006.
★ Scarborough, Rowan. The Flameout of the Plame Game." ''The Washington Times'' September 5, 2006. Accessed November 17, 2006.
★ Smyth, Frank. "U.S. Sends the Wrong Message to the World." IFEX June 30, 2005. Posted July 1, 2005. Accessed November 17, 2006.
★ Spiegel International Online. "Was Berlusconi Behind the Pre-Iraq War Yellow Cake Story?" (English translation). ''Der Spiegel'' October 27, 2005. Accessed November 17, 2006.
★ Suellentrop, Chris. "Robert Novak: The hollow center of the Plame Affair." ''Slate'' October 2, 2003.
★ "White House Counsel Questioned in CIA Leak." ''Las Vegas Sun'' June 18, 2004.
★ Toensing, Victoria. "The Plame Kerfuffle: What a Load of Armitage! What did Patrick Fitzgerald know, and when did he know it?". ''The Wall Street Journal'' September 15, 2006, Editorial. (See reply posted by Corn.)
★ United Press International. "Ashcroft Recuses Himself from Plame Affair Case." UPI December 30, 2003. (Defunct link)
★ United States Senate Select Committee on Intelligence. ''On the U.S. Intelligence Community's Pre-War Intelligence Assessments on Iraq, Together with Additional Views''. July 9, 2004. Accessed December 5, 2006.
★ –––. "Senator Roberts' Statement on the Niger Documents." Press release. July 11, 2003. Accessed December 5, 2006.
★ Ward, Vicki. "Double Exposure." ''Vanity Fair'' (Jan. 2004). (11 pages.) Accessed February 6, 2007.
★ "What Does the Plame Case Add Up to?" Online feature of ''News War'' on ''Frontline'' (Public Broadcasting Service), WGBH-TV. Posted February 13, 2007. Accessed February 14, 2007.
★ Wheeler, Marcy. ''Anatomy of Deceit: How the Bush Administration Used the Media to Sell the Iraq War and Out a Spy''. Berkeley: Vaster Books (Dist. by Publishers Group West), 2007. ISBN 0-979-17610-7 (10). ISBN 978-0979-17610-4 (13).
★ Wilson, Joseph. ''The Politics of Truth: Inside the Lies that Put the White House on Trial and Betrayed My Wife's CIA Identity: A Diplomat's Memoir''. New York: Carroll & Graf, 2004. Paperback ed., 2005. ISBN 0-7867-1551-0.
Other related external links
★ ''A Conversation with Ambassador Joseph Wilson, IV'', Google Video/UC Berkeley Educational Technology Services
★ Joseph and Valerie Wilson Legal Support Trust. Accessed August 7, 2007.
★ ''News War'': "A special four-part investigation into the future of news." ''Frontline''. Prod. WGBH (Boston, Massachusetts) and a co-production of ''Frontline'' in association with the UC Berkeley Graduate School of Journalism. Broadcast by PBS. Parts 1 and 2: ''Secrets, Sources, and Spin''. Part 1 first broadcast on February 13, 2007. Streaming video in Windows Media Player and Quicktime and multiple other online resources, incl. broadcast schedule, full interviews, and full transcripts (within 7 to 10 days of the broadcast of each part). Part 1 incl. "Prologue: The Plame Affair" (chap. 1) and "Epilogue: 'Plamegate'" (chap. 8).
★ ''The Politics of Truth: Inside the Lies That Put the White House on Trial and Betrayed My Wife's CIA Identity: A Diplomat's Memoir,'' by Joseph Wilson: website featuring excerpts from the book, interviews, and reviews, a news archive, and "Bibliography", with hyperlinks. Copyright © 2004, Carroll & Graf Publishers & Joseph Wilson.
★ Special Counsel Patrick J. Fitzgerald's official Web site.
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