I. Lewis Libby Indicted On Obstruction Of Justice

[Luke_Wilbur]

Senior White House official I. Lewis Libby was indicted today on obstruction of justice, false statement and perjury charges for allegedly lying about how and when in 2003 he learned and subsequently disclosed to reporters then-classified information concerning the employment of Valerie Wilson by the Central Intelligence Agency. Libby was charged with one count of obstruction of justice, two counts of perjury and two counts of making false statements in a five-count indictment returned today by a federal grand jury and its term expired, announced Justice Department Special Counsel Patrick J. Fitzgerald.

 

The defendant, also known as "Scooter" Libby, has served since January 20, 2001, as Assistant to the President, Chief of Staff to the Vice President, and Assistant to the Vice President for National Security Affairs. Libby, 55, will be arraigned at a later date in U.S. District Court for the District of Columbia.

 

The charges allege that Libby lied to FBI agents who interviewed him on October 14 and November 26, 2003; committed perjury while testifying under oath before the grand jury on March 5 and March 24, 2004; and engaged in obstruction of justice by impeding the grand jury’s investigation

into the unauthorized disclosure – or “leaking” – of Valerie Wilson’s affiliation with the CIA to various reporters in the spring of 2003.

 

Beginning in late May 2003, Libby allegedly began acquiring information about a 2002 trip to the African country of Niger by Joseph Wilson, a former United States Ambassador and career State Department official, to investigate allegations concerning efforts by the former government of Iraq to acquire uranium yellowcake, a processed form of uranium ore.

 

The CIA decided on its own initiative to send Wilson to Niger after an inquiry to the CIA by the Vice President concerning certain intelligence reporting. Wilson orally reported his findings to the CIA upon his return. Subsequently, Libby allegedly lied about information he discussed about the CIA employment of Wilson’s wife, Valerie Plame Wilson, in conversations Libbyhad in June and July2003 with threenews reporters – Tim Russert of NBC News, Matt Cooper of Time magazine, and Judith Miller of The New York Times.

 

Prior to July 14, 2003, Valerie Wilson’s employment status was classified. Prior to that date, her affiliation with the CIA was not common knowledge outside the intelligence community. Disclosure of classified information about an individual’s employment by the CIA has the potential to damage the national security in ways that range from preventing that individual’s future use in a covert capacity, to compromising intelligence-gathering methods and operations, and endangering the safety of CIA employees and those who deal with them, the indictment states. “When citizens testify before grand juries theyarerequired to tell the truth,”

 

Mr. Fitzgerald said. “Without the truth, our criminal justice system cannot serve our nation or its citizens. The requirement to tell the truth applies equally to all citizens, including persons who hold high positions in government. In an investigation concerning the compromise of a CIA officer’s identity, it is especially important that grand jurors learn what really happened.

 

The indictment returned today alleges that the efforts of the grand jury to investigate such a leak were obstructed when Mr. Libby lied about how and when he learned and subsequently disclosed classified information about Valerie Wilson,” he added.

 

Mr. Fitzgerald announced the charges with John C. Eckenrode, Special Agent-in-Charge of the Philadelphia Field Office of the FBI and the lead agent in the investigation. The Washington Field Office and the Inspection Division of the FBI assisted in the investigation.

 

The indictment alleges that Libby had frequent access to classified information and frequently spoke with officials of the U.S. intelligence community and other government officials regarding sensitive national security matters. With his responsibilities for national security matters, Libby held security clearances giving him access to classified information.

 

Libby was obligated by federal criminal statute, regulations, executive orders, and a written non-disclosure agreement not to disclose classified information to unauthorized persons, and to properly safeguard classified information against unauthorized disclosure.

 

According to the indictment, on September 26, 2003, the Department of Justice and the FBI began a criminal investigation into the possible unauthorized disclosure of classified information regarding Valerie Wilson’s CIA affiliation to various reporters in the spring of 2003.

 

In January 2004, the grand jury investigation began examining possible violations of criminal laws prohibiting disclosing the identity of covert intelligence personnel (The Intelligence Identities Protection Act), improperly disclosing national defense information, making false statements to government agents, and perjury.

 

A major focus of the grand jury investigation was to determine which government officials had disclosed to the media prior to July 14, 2003, information concerning Valerie Wilson’s CIA affiliation, and the nature, timing, extent, and purpose of such disclosures, as well as whether any official made such a disclosure knowing that Valerie Wilson’s employment by the CIA was classified information.

 

The over-arching obstruction of justice count alleges that while testifying under oath before the grand jury on March 5 and March 24 2004, Libby knowingly and corruptly endeavored to influence, obstruct and impede the grand jury’s investigation by misleading and deceiving the grand jury as to when, and the manner and means by which, he acquired, and subsequently disclosed to the media, information concerning the employment of Valerie Wilson by the CIA.

 

The obstruction count alleges that Libby made the following materially false and intentionally misleading statements:

 

When Libby spoke with Tim Russert of NBC on or about July 10, 2003, Russert asked Libby if Libby knew that Wilson’s wife worked for the CIA, and told Libby that all the reporters knew it; and Libby was surprised to hear that Wilson’s wife worked for the CIA; when, in fact, Libby knew Russert did not ask Libby if Libby knew that Wilson’s wife worked for the CIA, nor did Russert tell Libby that all the reporters knew it. And, at the time of this conversation, Libby was well aware that Wilson’s wife worked at the CIA and Libby had participated in multiple prior conversations concerning this topic.

 

Libby advised Matt Cooper of Time magazine on or about July 12, 2003, that he had heard that other reporters were saying that Wilson’s wife worked for the CIA, and further advised him that Libby did not know whether this assertion was true; when, in fact, Libby did not advise Cooper during that conversation that Libby had heard other reporters were saying that Wilson’s wife worked for the CIA, nor did Libby advise him that Libby did not know whether this assertion was true. Rather, Libby confirmed to Cooper, without qualification, that Libby had heard that Wilson’s wife worked at the CIA.

 

Libby advised Judith Miller of The New York Times on or about July 12, 2003, that he had heard that other reporters were saying that Wilson’s wife worked for the CIA but Libby did not know whether that assertion was true; when, in fact, Libby did not advise Miller during that conversation that Libby had heard other reporters were saying that Wilson’s wife worked for the CIA, nor did Libby advise her that Libby did not know whether this assertion was true. Among the events leading up to these conversations, on January 28, 2003, President Bush delivered his State of the Union address which included sixteen words asserting that “The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa.”

 

On May 6, 2003, The New York Times published a column by Nicholas Kristof which disputed the accuracy of the “sixteen words” in the State of the Union address. The column reported that, following a request from the Vice President’s office for an investigation of allegations that Iraq sought to buy uranium from Niger, an unnamed former ambassador was sent to Niger in 2002 to investigate the allegations.

 

According to the column, the ambassador reported back to the CIA and State Department in early 2002 that the allegations were unequivocally wrong and based on forged documents. According to the indictment, beginning in late May and throughout June, Libby participated in multiple conversations concerning Valerie Wilson’s employment by the CIA, including on the following occasions:

 

• on or about May 29, 2003, in the White House, Libby asked an Undersecretary of State for information concerning the unnamed ambassador’s travel to Niger. The Undersecretary thereafter directed the State Department’s Bureau of Intelligence and Research to prepare a report concerning the ambassador and his trip. The Undersecretary provided Libby with interim oral reports in late May and early June 2003, and advised Libby that Wilson was the former ambassador who took the trip;

 

• on or about June 9, 2003, a number of classified documents from the CIA were faxed to the Office of the Vice President to the personal attention of Libby and another person in the Vice President’s office. The documents, which bore classification markings, discussed, among other things, Wilson and his trip to Niger, but did not mention Wilson by name. After receiving these documents, Libby and one or more other persons in the Vice President’s office handwrote the names “Wilson” and “Joe Wilson” on the documents;

 

• on or about June 11 or 12, 2003, Libby was orally advised by the Undersecretary of State that Wilson’s wife worked for the CIA and that State Department personnel were saying that Wilson’s wife was involved in the organization of his trip;

 

• on or about June 11, 2003, Libby was informed by a senior officer of the CIA that Wilson’s wife was employed by the CIA and was believed to be responsible for sending Wilson on the trip;

 

• prior to June 12, 2003, Washington Post reporter Walter Pincus contacted the Office of the Vice President about a story he was writing about Wilson’s trip. Libby participated in discussions in the Vice President’s office concerning how to respond to Pincus;

 

• on or about June 12, 2003, Libby was advised by the Vice President of the United States that Wilson’s wife worked at the CIA in the Counterproliferation Division. Libby understood that the Vice President had learned this information from the CIA;

 

• on or about June 14, 2003, Libby met with a CIA briefer and expressed displeasure that CIA officials were making comments to reporters critical of the Vice President’s office, and discussed with the briefer, among other things, “Joe Wilson” and his wife “Valerie Wilson,” in the context of Wilson’s trip to Niger;

 

• shortly after publication on or about June 19, 2003, of an article in The New Republic magazine online entitled “The First Casualty: The Selling of the Iraq War,” Libbyspoke by telephone with his then Principal Deputy and discussed the article. That official asked Libby whether information about Wilson’s trip could be shared with the press to rebut the allegations that the Vice President had sent Wilson. Libby responded that there would be complications at the CIA in disclosing that information publicly, and that he could not discuss the matter on a non-secure telephone line; and

 

• on or about June 23, 2003, Libby met with Judith Miller of The New York Times. Libby was critical of the CIA and disparaged what he termed “selective leaking” by the CIA concerning intelligence matters.

 

In discussing the CIA’s handling of Wilson’s trip to Niger, Libby informed Miller Wilson’s wife might work at a bureau of the CIA.

 

On July 6, 2003, The New York Times published an opinion article by Joseph Wilson entitled “What I Didn’t Find in Africa.”

 

On the same day, the Washington Post published an article about Wilson’s 2002 trip to Niger, which was based partially on an interview of Wilson, and he was a guest on the television program “Meet the Press.” In the article he wrote, as well as in the print and broadcast interviews of him, Wilson asserted, among other things, that he had taken a trip to Niger at the request of the CIA in February 2002 to investigate allegations that Iraq has sought or obtained uranium yellowcake from Niger, and that he doubted Iraq had obtained uranium from Niger recently, for a number of reasons.

 

Wilson said that he believed, based on his understanding of government procedures, that the Vice President’s office was advised of the results of his trip. Following Wilson’s July 6, 2003 statements, according to the indictment, Libby engaged in the following actions:

 

• on or about July 7, 2003, Libby had lunch with the then White House Press Secretary and advised that individual that Wilson’s wife worked at the CIA, noting that such information was not widely known;

 

• on or about the morning of July 8, 2003, Libby met with Miller of The New York Times. When the conversation turned to the subject of Joseph Wilson, Libby asked that the information he provided on the topic of Wilson be attributed to a “former Hill staffer” ratherthan to a “senior administration official,” as had been the understanding regarding other information that Libby provided to Miller during this meeting. Libby then discussed with Miller Wilson’s trip and criticized the CIA reporting concerning Wilson’s trip. During this discussion, Libby advised Miller of his belief that Wilson’s wife worked for the CIA;

 

• also on or about July 8, 2003, Libby met with the Counsel to the Vice President in an anteroom outside the Vice President’s office. During their brief conversation, Libby asked the individual what paperwork there would be at the CIA if an employee’s spouse undertook an overseas trip;

 

• no earlier than June 2003 but on or before July 8, 2003, the Assistant to the Vice President for Public Affairs learned from another government official that Wilson’s wife worked at the CIA and advised Libby of this information;

 

• on or about July 10, 2003, Libby spoke to NBC’s Russert to complain about press coverage of Libby by an MSNBC reporter. Libby did not discuss Wilson’s wife with Russert;

 

• on or about July 10 or July 11, 2003, Libby spoke to a senior White House official (“Official A”)who advised Libbyof 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;

 

• on or about July 12, 2003, Libby flew with the Vice President and others to and from Norfolk, Va., on Air Force Two. On his return trip, Libby discussed with other officials aboard the plane what Libby should say in response to certain pending media inquiries, including questions from Time’s Cooper;

 

• on or about July 12, 2003, in the afternoon, Libby spoke by telephone to Cooper, who asked whether Libby had heard that Wilson’s wife was involved in sending Wilson on the trip to Niger. Libby confirmed to Cooper, without elaboration or qualification, that he had heard this information too; and

 

• on or about July 12, 2003, in the late afternoon, Libby spoke by telephone with Miller and discussed Wilson’s wife, and that she worked at the CIA.

 

The false statement charge in Count Two of the indictment alleges that Libby lied to FBI agents on October 14 and November 26, 2003, regarding the conversation with Russert on July 10, 2003.

 

Count Three charges Libby with making false statements to FBI agents during the same FBI interviews in October and November 2003 relating to his July 12, 2003 conversation with Cooper.

 

The perjury charge in Count Four alleges that Libby lied while testifying under oath before the grand jury on March 5, 2004, about his conversation with Russert on July 10, 2003, because, in fact, Russert did not ask Libby if Libby knew that Wilson’s wife worked for the CIA, nor did Russert tell Libby that all the reporters knew it, and at the time of their conversation, Libby was well aware that Wilson’s wife worked at the CIA.

 

Count Five charges Libby with perjury before the grand juryfor allegedlylying when he said that he told reporters that he was telling them what other reporters were saying – first, on March 5, 2004, about his conversation with Cooper on or about July 12, 2003, and second, on March 24, 2004, regarding conversations with reporters. In fact, Libby well knew that he did not advise Cooper or other reporters that he had heard other reporters were saying that Wilson’s wife worked for the CIA, nor did Libby advise Cooper or other reporters that he did not know whether this assertion was true.

 

If convicted, the crimes charged in the indictment carry the following maximum penalties on each count: obstruction of justice – 10 years in prison, and making false statements and perjury –5 years in prison, and each count carries a maximum fine of $250,000, making the maximum penalty for conviction on all counts 30 years in prison and a $1.25 million fine.

 

Note, however, that the Court would determine the appropriate sentence to be imposed. The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

 

Special Prosecutor Patrick Fitzgerald said it would take two weeks for the government to present its case against Libby, and the timing would depend on pre-trial motions by his attorneys.

[Guest Karen Pomer]

Cindy Sheehan is holding a week-long vigil which ends today in Lafayette Park to be a daily, visual reminder to those who live and work in the White House of the strong opposition to the Iraq war and the anger of the nation at the more than 2,000 US lives that have been lost in Iraq. Her protest was among more than 1,000 protests throughout the country that were held this week to honor the US soldiers whose lives were lost in Iraq and call for the troops to be brought home now.

 

Sheehan will be in Lafayette Park holding her vigil today across from the White House until 6:30 PM when she departs to deliver flowers and a card to wounded Iraq soldiers at Walter Reed Hospital, 7200 Georgia Ave. NW at Elder at 7 PM.

 

Statement from Cindy Sheehan on the Indictment and Resignation of Lewis 'Scooter' Libby October 28, 2006:

 

''While the indictment and resignation of Lewis 'Scooter' Libby is a welcome development but, the responsibility for lying to the American people and targeting critics and dissidents needs to go all the way up the chain of command. Scooter Libby was clearly one of the administration's attack dogs unleashed on opponents of this fraudulent war, but he serves higher masters. This administration continues to wage a war based on lies, a war that has taken the lives of 2,000 Americans, including my son, and the lives of tens of thousands of innocent Iraqis. This indictment reinforces the growing calls in this country and around the world to end the occupation, bring our troops home and hold those responsible accountable for their crimes. Let this serve as a springboard to put the war on trial and bring our troops home now.''

[Guest Reid Cherlin]

In the wake of the special grand jury’s handing up of an indictment in the CIA leak investigation, Congressman Jerrold Nadler renewed his call for Special Counsel Patrick Fitzgerald to expand his investigation into whether the Bush administration engaged in a deliberate campaign to deceive Congress into authorizing war in Iraq. Nadler released the following statement:

 

“Today’s events only confirm that we need to know answers to the larger question: did this Administration deliberately lie to Congress in order to obtain its authorization to go to war?

 

“The mounting evidence already uncovered by Mr. Fitzgerald – including the formation of the White House Iraq Group, grants of special press access in exchange for Pentagon censorship, and, of course, White House officials’ false statements under oath – raises grave questions about the conduct of the President and his staff surrounding the case for war in Iraq. Two thousand Americans are dead. We need to get the facts out in the open.”

 

Congressman Nadler wrote to Acting Deputy Attorney General Robert McCallum on October 20, calling for an expansion of Fitzgerald’s investigation.

[Guest The White House]

Today I accepted the resignation of Scooter Libby. Scooter has worked tirelessly on behalf of the American people and sacrificed much in the service to this country. He served the Vice President and me through extraordinary times in our nation's history.

 

Special Counsel Fitzgerald's investigation and ongoing legal proceedings are serious, and now the proceedings -- the process moves into a new phase. In our system, each individual is presumed innocent and entitled to due process and a fair trial.

 

While we're all saddened by today's news, we remain wholly focused on the many issues and opportunities facing this country. I got a job to do, and so do the people who work in the White House. We got a job to protect the American people, and that's what we'll continue working hard to do.

 

I look forward to working with Congress on policies to keep this economy moving. And pretty soon I'll be naming somebody to the Supreme Court.

 

Thank you all very much.

 

President George W. Bush

[Guest Brendan Daly]

Washington, D.C.– House Democratic Leader Nancy Pelosi released the following statement today following the criminal indictment of Vice President Cheney’s Chief of Staff I. Lewis Libby:

 

“The criminal indictments of a top White House official mark a sad day for America and another chapter in the Republicans’ culture of corruption. At the heart of these indictments was the effort by the Bush Administration to discredit critics of its Iraq policy with reckless disregard for national security and the public trust.”

[Guest JustOneMinute]

The NY Times may be forced to confront the fact that Nick Kristof is an important part of this story, since Fitzgerald essentially dates the beginning of this story to Kristof's May 6 column.

 

More here

 

http://justoneminute.typepad.com/

[Guest John Lapp]

If there is a silver lining of these events, it may be that, in the future, all will know they cannot abuse their power with impunity while they sit in the White House. It is nothing short of tragic to learn that those sitting there now would sacrifice the safety of an American patriot and mother who risked her life to protect her country from the very threats over which this same Administration led us to war.

[Luke_Wilbur]

November 2, 2005 White House Press Briefing by Scott McClellan

 

**********************************************

 

Q Scott, a question about the leak case: The President has made various statements about he would handle anyone who was involved in this, so what standard is the President using for whether he would dismiss any member of his staff for involvement in this affair?

 

MR. McCLELLAN: Well, that question has already come up, and I think, again, that I would go back to what I said yesterday. The expectations of everybody here in the White House are well known. We all understand what the expectations are of each of us as individuals. We are all part of a team to help the President advance his agenda and to focus on the American people's business.

 

We also have an expectation on behalf of the President and the American people to adhere to the highest ethical standards.

 

Q And everyone who is currently working here has done that in this affair, is that the President's position?

 

MR. McCLELLAN: Well, the nature of the investigation is that is it ongoing, and there is a legal proceeding that is ongoing as part of that investigation. And as part of that ongoing legal proceeding, we're just not having any further comment on it from this podium.

 

Q Everyone who is working at the White House currently, in the President's mind, has acted appropriately in this matter. Is that --

 

MR. McCLELLAN: Well, you're asking about this matter. This matter is ongoing.

 

Q Wait, wait, wait a second. Right, it's ongoing, but that's not the point. The legal aspect of this is now outside the White House, as you've made abundantly clear.

 

MR. McCLELLAN: The legal proceeding, but there's also an -- there's also an investigation that the special counsel indicated was continuing. So it's two parts. There's an investigation he said that continues, and there's also a legal proceeding that is moving forward on one individual. And under our system of the law, people are presumed innocent unless otherwise proven.

 

Q But whether or not it was a crime, does the President feel that Karl Rove acted appropriately in this matter, given what he knows about his involvement?

 

MR. McCLELLAN: See, you're asking that context -- asking that question in the context of an ongoing investigation and an ongoing legal proceeding. And as I indicated to you all on Friday, our Counsel's Office has directed us not to discuss any issues related to that, whether they're factual circumstances or legal issues relating to the investigation. That's the policy that's been in place for some time, and that's the policy that we're following.

[Luke_Wilbur]

I. Lewis Libby, Vice President Dick Cheney's former chief of staff, will make his first appearance in court today since being indicted last week by a grand jury investigating who leaked the name of a covert CIA agent in retaliation for her husband's criticism of the Iraq war.

 

1:2005-cr-00394-RBW

USA vs LIBBY

Judge Walton

11/03/2005

10:30AM

Courtroom 5

Arraignment

 

Libby is expected to plead not guilty.

[Guest Legal Beagle]

There are much bigger questions in this matter, however, which the Special Counsel, Patrick J. Fitzgerald, failed to address in his narrowly constricted probe of Libby. Try these four:

 

What was Libby trying to cover-up by smearing Ambassador Wilson?

 

Who put him up to the smear tactics?

 

Who knowingly assisted Libby in his effort to either “out” Plame and/or mislead the FBI and/or the Grand Jury?

 

What were Libby’s real motives?

 

There is something else that is very odd about the Libby case. In most every major indictment of a public figure-a drug dealer, a politician, union official or Mafia kingpin-a conspiracy count is utilized by the federal prosecutor in the charging document. Generally, its use is pro forma.

 

Why is this? It’s because a conspiracy count in an indictment allows a skilled prosecutor to resort to hearsay evidence in order to prove some parts of his case. It also throws a wider net over the supposed wrongdoing. It’s possible to prove that someone conspired to commit a crime, like outing a CIA agent, without proving the distinct offense itself. It’s a powerful weapon, which makes it a lot easier for the prosecutor to nail a defendant and his cohorts. Yet, in the Libby case, Fitzgerald neglected to include this primary prosecutorial tool in the indictment.

[Guest Legal Beagle]

I. Lewis Libby, Vice President Dick Cheney's former chief of staff, pleaded not guilty to criminal charges in an investigation of who leaked a CIA agent's name.

 

`With respect, your honor, not guilty,'' Libby, 55, told U.S. District Judge Reggie Walton, who asked how he pleaded. Walton freed Libby without bail and tentatively set the next court date for Feb. 3

[Luke_Wilbur]

Following is the full text of the indictment of Vice President Cheney's chief of staff, I. Lewis "Scooter" Libby

 

UNITED STATES OF AMERICA v. I. LEWIS LIBBY, also known as "SCOOTER LIBBY"

 

Criminal No.

 

GRAND JURY ORIGINAL

 

Count 1: Obstruction of Justice (18 U.S.C. Section 1503)

 

Counts 2-3: False Statements (18 U.S.C. Section 1001(a)(2))

 

Counts 4-5: Perjury (18 U.S.C. Section 1623)

 

INDICTMENT

 

COUNT ONE (Obstruction of Justice)

 

THE GRAND JURY CHARGES:

 

1. At times material to this indictment:

 

Defendant's Employment and Responsibilities

 

a. Beginning on or about January 20, 2001, and continuing through the date of

 

this indictment, defendant I. LEWIS LIBBY, also known as "SCOOTER LIBBY," was employed

 

as Assistant to the President of the United States, Chief of Staff to the Vice President of the United States, and Assistant to the Vice President for National Security Affairs. In the course of his work, LIBBY had frequent access to classified information and frequently spoke with officials of the U.S. intelligence community, as well as other government officials, regarding sensitive national security matters.

 

b. In connection with his role as a senior government official with responsibilities for national security matters, LIBBY held security clearances entitling him to access to classified information. As a person with such clearances, LIBBY was obligated by applicable laws and regulations, including Title 18, United States Code, Section 793, and Executive Order 12958 (as modified by Executive Order 13292), not to disclose classified information to persons not authorized to receive such information, and otherwise to exercise proper care to safeguard classified information against unauthorized disclosure. On or about January 23, 2001, LIBBY executed a written "Classified Information Nondisclosure Agreement," stating in part that "I understand and

 

accept that by being granted access to classified information, special confidence and trust shall be placed in me by the United States Government," and that "I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation."

 

The Central Intelligence Agency

 

c. The Central Intelligence Agency (CIA) was an agency of the United States whose mission was to collect, produce, and disseminate intelligence and counterintelligence information to officers and departments of the United States government, including the President, the National Security Council, and the Joint Chiefs of Staff.

 

d. The responsibilities of certain CIA employees required that their association with the CIA be kept secret; as a result, the fact that these individuals were employed by the CIA was classified. Disclosure of the fact that such individuals were employed by the CIA had the potential to damage the national security in ways that ranged from preventing the future use of those individuals in a covert capacity, to compromising intelligence-gathering methods and operations, and endangering the safety of CIA employees and those who dealt with them.

 

Joseph Wilson and Valerie Plame Wilson

 

e. Joseph Wilson ("Wilson") was a former career State Department official who had held a variety of posts, including United States Ambassador. In 2002, after an inquiry to the CIA by the Vice President concerning certain intelligence reporting, the CIA decided on its own initiative to send Wilson to the country of Niger to investigate allegations involving Iraqi efforts to acquire uranium yellowcake, a processed form of uranium ore. Wilson orally reported his findings to the CIA upon his return.

 

f. Joseph Wilson was married to Valerie Plame Wilson ("Valerie Wilson"). At all relevant times from January 1, 2002 through July 2003, Valerie Wilson was employed by the CIA, and her employment status was classified. Prior to July 14, 2003, Valerie Wilson's affiliation with the CIA was not common knowledge outside the intelligence community.

 

Events Leading up to July 2003

 

2. On or about January 28, 2003, President George W. Bush delivered his State of the Union address which included sixteen words asserting that "The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa."

 

3. On May 6, 2003, the New York Times published a column by Nicholas Kristof which disputed the accuracy of the "sixteen words" in the State of the Union address. The column reported that, following a request from the Vice President's office for an investigation of allegations that Iraq sought to buy uranium from Niger, an unnamed former ambassador was sent on a trip to Niger in 2002 to investigate the allegations. According to the column, the ambassador reported back to the CIA and State Department in early 2002 that the allegations were unequivocally wrong and based on forged documents.

 

4. On or about May 29, 2003, in the White House, LIBBY asked an Under Secretary of State ("Under Secretary") for information concerning the unnamed ambassador's travel to Niger to investigate claims about Iraqi efforts to acquire uranium yellowcake. The Under Secretary thereafter directed the State Department's Bureau of Intelligence and Research to prepare a report concerning the ambassador and his trip. The Under Secretary provided LIBBY with interim oral reports in late May and early June 2003, and advised LIBBY that Wilson was the former ambassador who took the trip.

 

5. On or about June 9, 2003, a number of classified documents from the CIA were faxed to the Office of the Vice President to the personal attention of LIBBY and another person in the Office of the Vice President. The faxed documents, which were marked as classified, discussed, among other things, Wilson and his trip to Niger, but did not mention Wilson by name. After receiving these documents, LIBBY and one or more other persons in the Office of the Vice President handwrote the names "Wilson" and "Joe Wilson" on the documents.

 

6. On or about June 11 or 12, 2003, the Under Secretary of State orally advised LIBBY in the White House that, in sum and substance, Wilson's wife worked at the CIA and that State Department personnel were saying that Wilson's wife was involved in the planning of his trip.

 

7. On or about June 11, 2003, LIBBY spoke with a senior officer of the CIA to ask about the origin and circumstances of Wilson's trip, and was advised by the CIA officer that Wilson's wife worked at the CIA and was believed to be responsible for sending Wilson on the trip.

 

8. Prior to June 12, 2003, Washington Post reporter Walter Pincus contacted the Office of the Vice President in connection with a story he was writing about Wilson's trip. LIBBY participated in discussions in the Office of the Vice President concerning how to respond to Pincus.

 

9. On or about June 12, 2003, LIBBY was advised by the Vice President of the United States that Wilson's wife worked at the Central Intelligence Agency in the Counterproliferation Division. LIBBY understood that the Vice President had learned this information from the CIA.

 

10. On June 12, 2003, the Washington Post published an article by reporter Walter Pincus about Wilson's trip to Niger, which described Wilson as a retired ambassador but not by name, and reported that the CIA had sent him to Niger after an aide to the Vice President raised questions about purported Iraqi efforts to acquire uranium. Pincus's article questioned the accuracy of the "sixteen words," and stated that the retired ambassador had reported to the CIA that the uranium purchase story was false.

 

11. On or about June 14, 2003, LIBBY met with a CIA briefer. During their conversation he expressed displeasure that CIA officials were making comments to reporters critical of the Vice President's office, and discussed with the briefer, among other things, "Joe Wilson" and his wife "Valerie Wilson," in the context of Wilson's trip to Niger.

 

12. On or about June 19, 2003, an article appeared in The New Republic magazine online entitled "The First Casualty: The Selling of the Iraq War." Among other things, the article questioned the "sixteen words" and stated that following a request for information from the Vice President, the CIA had asked an unnamed ambassador to travel to Niger to investigate allegations that Iraq had sought uranium from Niger. The article included a quotation attributed to the unnamed ambassador alleging that administration officials "knew the Niger story was a flat-out lie." The article also was critical of how the administration, including the Office of the Vice President, portrayed intelligence concerning Iraqi capabilities with regard to weapons of mass destruction, and accused the administration of suppressing dissent from the intelligence agencies on this topic.

 

13. Shortly after publication of the article in The New Republic, LIBBY spoke by telephone with his then Principal Deputy and discussed the article. That official asked LIBBY whether information about Wilson's trip could be shared with the press to rebut the allegations that the Vice President had sent Wilson. LIBBY responded that there would be complications at the CIA in disclosing that information publicly, and that he could not discuss the matter on a non-secure telephone line.

 

14. On or about June 23, 2003, LIBBY met with New York Times reporter Judith Miller. During this meeting LIBBY was critical of the CIA, and disparaged what he termed "selective leaking" by the CIA concerning intelligence matters. In discussing the CIA's handling of Wilson's trip to Niger, LIBBY informed her that Wilson's wife might work at a bureau of the CIA.

 

The July 6 "Op Ed" Article by Wilson

 

15. On July 6, 2003, the New York Times published an Op-Ed article by Wilson entitled "What I Didn't Find in Africa." Also on July 6, 2003, the Washington Post published an article about Wilson's 2002 trip to Niger, which article was based in part upon an interview of Wilson. Also on July 6, Wilson appeared as a guest on the television interview show "Meet the Press." In his Op-Ed article and interviews in print and on television, Wilson asserted, among other things, that he had taken a trip to Niger at the request of the CIA in February 2002 to investigate allegations that Iraq had sought or obtained uranium yellowcake from Niger, and that he doubted Iraq had obtained uranium from Niger recently, for a number of reasons. Wilson stated that he believed, based on his understanding of government procedures, that the Office of the Vice President was advised of the results of his trip.

 

LIBBY's Actions Following Wilson's July 6 "Op Ed" Column

 

16. On or about July 7, 2003, LIBBY had lunch with the then White House Press Secretary and advised the Press Secretary that Wilson's wife worked at the CIA and noted that such information was not widely known.

 

17. On or about the morning of July 8, 2003, LIBBY met with New York Times reporter Judith Miller. When the conversation turned to the subject of Joseph Wilson, LIBBY asked that the information LIBBY provided on the topic of Wilson be attributed to a "former Hill staffer" rather than to a "senior administration official," as had been the understanding with respect to other information that LIBBY provided to Miller during this meeting. LIBBY thereafter discussed with Miller Wilson's trip and criticized the CIA reporting concerning Wilson's trip. During this discussion, LIBBY advised Miller of his belief that Wilson's wife worked for the CIA.

 

18. Also on or about July 8, 2003, LIBBY met with the Counsel to the Vice President in an anteroom outside the Vice President's Office. During their brief conversation, LIBBY asked the Counsel to the Vice President, in sum and substance, what paperwork there would be at the CIA if an employee's spouse undertook an overseas trip.

 

19. Not earlier than June 2003, but on or before July 8, 2003, the Assistant to the Vice President for Public Affairs learned from another government official that Wilson's wife worked at the CIA, and advised LIBBY of this information.

 

20. On or about July 10, 2003, LIBBY spoke to NBC Washington Bureau Chief Tim Russert to complain about press coverage of LIBBY by an MSNBC reporter. LIBBY did not discuss Wilson's wife with Russert.

 

21. 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.

 

22. On or about July 12, 2003, LIBBY flew with the Vice President and others to and from Norfolk, Virginia, on Air Force Two. On his return trip, LIBBY discussed with other officials aboard the plane what LIBBY should say in response to certain pending media inquiries, including questions from Time reporter Matthew Cooper.

 

23. On or about July 12, 2003, in the afternoon, LIBBY spoke by telephone to Cooper, who asked whether LIBBY had heard that Wilson's wife was involved in sending Wilson on the trip to Niger. LIBBY confirmed to Cooper, without elaboration or qualification, that he had heard this information too.

 

24. On or about July 12, 2003, in the late afternoon, LIBBY spoke by telephone with Judith Miller of the New York Times and discussed Wilson's wife, and that she worked at the CIA.

 

The Criminal Investigation

 

25. On or about September 26, 2003, the Department of Justice authorized the Federal Bureau of Investigation ("FBI") to commence a criminal investigation into the possible unauthorized disclosure of classified information regarding the disclosure of Valerie Wilson's affiliation with the CIA to various reporters in the spring of 2003.

 

26. As part of the criminal investigation, LIBBY was interviewed by Special Agents of the FBI on or about October 14 and November 26, 2003, each time in the presence of his counsel. During these interviews, LIBBY stated to FBI Special Agents that:

 

a. During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was aware that Wilson's wife worked for the CIA. LIBBY responded to Russert that he did not know that, and Russert replied that all the reporters knew it. LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson's wife's employment from the Vice President.

 

b. During a conversation with Matthew Cooper of Time magazine on or about July 12, 2003, LIBBY told Cooper that reporters were telling the administration that Wilson's wife worked for the CIA, but that LIBBY did not know if this was true; and

 

c. LIBBY did not discuss Wilson's wife with New York Times reporter Judith Miller during a meeting with Miller on or about July 8, 2003.

 

27. Beginning in or about January 2004, and continuing until the date of this indictment, Grand Jury 03-3 sitting in the District of Columbia conducted an investigation ("the Grand Jury Investigation") into possible violations of federal criminal laws, including: Title 50, United States Code, Section 421 (disclosure of the identity of covert intelligence personnel); and Title 18, United States Code, Sections 793 (improper disclosure of national defense information), 1001 (false statements), 1503 (obstruction of justice), and 1623 (perjury).

 

28. A major focus of the Grand Jury Investigation was to determine which government officials had disclosed to the media prior to July 14, 2003 information concerning the affiliation of Valerie Wilson with the CIA, and the nature, timing, extent, and purpose of such disclosures, as well as whether any official making such a disclosure did so knowing that the employment of Valerie Wilson by the CIA was classified information.

 

29. During the course of the Grand Jury Investigation, the following matters, among others, were material to the Grand Jury Investigation:

 

i. When, and the manner and means by which, defendant LIBBY learned that Wilson's wife was employed by the CIA;

 

ii. Whether and when LIBBY disclosed to members of the media that Wilson's wife was employed by the CIA;

 

iii. The language used by LIBBY in disclosing any such information to the media, including whether LIBBY expressed uncertainty about the accuracy of any information he may have disclosed, or described where he obtained the information;

 

iv. LIBBY's knowledge as to whether any information he disclosed was classified at the time he disclosed it; and

 

v. Whether LIBBY was candid with Special Agents of the Federal Bureau of Investigation in describing his conversations with the other government officials and the media relating to Valerie Wilson.

 

LIBBY's Grand Jury Testimony

 

30. On or about March 5 and March 24, 2004, LIBBY testified before Grand Jury 03-3.

 

On each occasion of LIBBY's testimony, the foreperson of the Grand Jury administered the oath to LIBBY and LIBBY swore to tell the truth in the testimony he was about to give.

 

31. In or about March 2004, in the District of Columbia,

 

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

 

defendant herein, did knowingly and corruptly endeavor to influence, obstruct and impede the due administration of justice, namely proceedings before Grand Jury 03-3, by misleading and deceiving the grand jury as to when, and the manner and means by which, LIBBY acquired and subsequently disclosed to the media information concerning the employment of Valerie Wilson by the CIA.

 

32. It was part of the corrupt endeavor that during his grand jury testimony, defendant LIBBY made the following materially false and intentionally misleading statements and

 

representations, in substance, under oath:

 

a. When LIBBY spoke with Tim Russert of NBC News, on or about July 10, 2003:

 

i. Russert asked LIBBY if LIBBY knew that Wilson's wife worked for the CIA, and told LIBBY that all the reporters knew it; and

 

ii. At the time of this conversation, LIBBY was surprised to hear that Wilson's wife worked for the CIA;

 

b. LIBBY advised Matthew Cooper of Time magazine on or about July 12, 2003, that he had heard that other reporters were saying that Wilson's wife worked for the CIA, and further advised him that LIBBY did not know whether this assertion was true; and

 

c. LIBBY advised Judith Miller of the New York Times on or about July 12, 2003 that he had heard that other reporters were saying that Wilson's wife worked for the CIA but LIBBY did not know whether that assertion was true.

 

33. It was further part of the corrupt endeavor that at the time defendant LIBBY made each of the above-described materially false and intentionally misleading statements and representations to the grand jury, LIBBY was aware that they were false, in that:

 

a. When LIBBY spoke with Tim Russert of NBC News on or about July 10, 2003:

 

i. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and

 

ii. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; in fact, LIBBY had participated in multiple prior conversations concerning this topic, including on the following occasions:

 

 

In or about early June 2003, LIBBY learned from the Vice President that Wilson's wife worked for the CIA in the Counterproliferation Division;

 

 

On or about June 11, 2003, LIBBY was informed by a senior CIA officer that Wilson's wife was employed by the CIA and that the idea of sending him to Niger originated with her;

 

 

On or about June 12, 2003, LIBBY was informed by the Under Secretary of State that Wilson's wife worked for the CIA;

 

 

On or about June 14, 2003, LIBBY discussed "Joe Wilson" and "Valerie Wilson" with his CIA briefer, in the context of Wilson's trip to Niger;

 

 

On or about June 23, 2003, LIBBY informed reporter Judith Miller that Wilson's wife might work at a bureau of the CIA;

 

 

On or about July 7, 2003, LIBBY advised the White House Press Secretary that Wilson's wife worked for the CIA;

 

 

In or about June or July 2003, and in no case later than on or about July 8, 2003, LIBBY was advised by the Assistant to the Vice President for Public Affairs that Wilson's wife worked for the CIA;

 

 

On or about July 8, 2003, LIBBY advised reporter Judith Miller of his belief that Wilson's wife worked at the CIA; and

 

 

On or about July 8, 2003, LIBBY had a discussion with the Counsel to the Office of the Vice President concerning the paperwork that would exist if a person who was sent on an overseas trip by the CIA had a spouse who worked at the CIA;

 

b. LIBBY did not advise Matthew Cooper, on or about July 12, 2003, that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise him that LIBBY did not know whether this assertion was true; rather, LIBBY confirmed to Cooper, without qualification, that LIBBY had heard that Wilson's wife worked at the CIA; and

 

c. LIBBY did not advise Judith Miller, on or about July 12, 2003, that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise her that LIBBY did not know whether this assertion was true;

 

In violation of Title 18, United States Code, Section 1503.

 

COUNT TWO

 

(False Statement)

 

THE GRAND JURY FURTHER CHARGES:

 

1. The Grand Jury realleges Paragraphs 1-26 of Count One as though fully set forth herein.

 

2. During the course of the criminal investigation conducted by the Federal Bureau of Investigation and the Department of Justice, the following matters, among others, were material to that investigation:

 

a. When, and the manner and means by which, defendant LIBBY learned that Wilson's wife was employed by the CIA; b. Whether and when LIBBY disclosed to members of the media that Wilson's wife was employed by the CIA;

 

c. The language used by LIBBY in disclosing any such information to the media, including whether LIBBY expressed uncertainty about the accuracy of any information he may have disclosed, or described where he obtained the information; and

 

d. LIBBY's knowledge as to whether any information he disclosed was classified at the time he disclosed it.

 

3. On or about October 14 and November 26, 2003, in the District of Columbia,

 

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

 

defendant herein, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency within the executive branch of the United States, in that the defendant, in response to questions posed to him by agents of the Federal Bureau of Investigation, stated that:

 

During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was aware that Wilson's wife worked for the CIA.

 

LIBBY responded to Russert that he did not know that, and Russert replied that all the reporters knew it. LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson's wife's employment from the Vice President.

 

4. As defendant LIBBY well knew when he made it, this statement was false in that when LIBBY spoke with Russert on or about July 10 or 11, 2003:

 

a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and

 

b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; In violation of Title 18, United States Code, Section 1001(a)(2).

 

COUNT THREE

 

(False Statement)

 

THE GRAND JURY FURTHER CHARGES:

 

1. The Grand Jury realleges Paragraphs 1 and 2 of Count Two as though fully set forth herein.

 

2. On or about October 14 and November 26, 2003, in the District of Columbia,

 

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

 

defendant herein, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency within the executive branch of the United States, in that the defendant, in response to questions posed to him by agents of the Federal Bureau of Investigation, stated that:

 

During a conversation with Matthew Cooper of Time magazine on July 12, 2003, LIBBY told Cooper that reporters were telling the administration that Wilson's wife worked for the CIA, but LIBBY did not know if this was true.

 

3. As defendant LIBBY well knew when he made it, this statement was false in that:

 

LIBBY did not advise Cooper on or about July 12, 2003 that reporters were telling the administration that Wilson's wife worked for the CIA, nor did LIBBY advise him that LIBBY did not know whether this was true; rather, LIBBY confirmed for Cooper, without qualification, that LIBBY had heard that Wilson's wife worked at the CIA;

 

In violation of Title 18, United States Code, Section 1001(a)(2).

 

COUNT FOUR

 

(Perjury)

 

THE GRAND JURY FURTHER CHARGES:

 

1. The Grand Jury realleges Paragraphs 1-30 of Count One as though fully set forth herein.

 

2. On or about March 5, 2004, in the District of Columbia,

 

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

 

defendant herein, having taken an oath to testify truthfully in a proceeding before a grand jury of the United States, knowingly made a false material declaration, in that he gave the following testimony regarding a conversation that he represented he had with Tim Russert of NBC News, on or about July 10, 2003 (underlined portions alleged as false):

 

. . . . And then he said, you know, did you know that this -- excuse me, did you know that Ambassador Wilson's wife works at the CIA? And I was a little taken aback by that. I remember being taken aback by it. And I said -- he may have said a little more but that was -- he said that. And I said, no, I don't know that. And I said, no, I don't know that intentionally because I didn't want him to take anything I was saying as in any way confirming what he said, because at that point in time I did not recall that I had ever known, and I thought this is something that he was telling me that I was first learning. And so I said, no, I don't know that because I want to be very careful not to confirm it for him, so that he didn't take my statement as confirmation for him.

 

Now, I had said earlier in the conversation, which I omitted to tell you, that this -- you know, as always, Tim, our discussion is off-the-record if that's okay with you, and he said, that's fine. So then he said -- I said -- he said, sorry -- he, Mr. Russert said to me, did you know that Ambassador Wilson's wife, or his wife, works at the CIA? And I said, no, I don't know that. And then he said, yeah -- yes, all the reporters know it. And I said, again, I don't know that. I just wanted to be clear that I wasn't confirming anything for him on this. And you know, I was struck by what he was saying in that he thought it was an important fact, but I didn't ask him anymore about it because I didn't want to be digging in on him, and he then moved on and finished the conversation, something like that.

 

3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that:

 

a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and

 

b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA;

 

In violation of Title 18, United States Code, Section 1623.

 

COUNT FIVE

 

(Perjury)

 

THE GRAND JURY FURTHER CHARGES:

 

1. The Grand Jury realleges Paragraphs 1-30 of Count One as though fully set forth herein.

 

2. On or about March 5, 2004 and March 24, 2004, in the District of Columbia,

 

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

 

defendant herein, having taken an oath to testify truthfully in a proceeding before a grand jury of the United States, knowingly made a false material declaration, in that he gave the following testimony regarding his conversations with reporters concerning the employment of Joseph Wilson's wife by the CIA (underlined portions alleged as false):

 

a. Testimony Given on or about March 5, 2004 Regarding a Conversation With Matthew Cooper on or About July 12, 2003:

 

Q. And it's your specific recollection that when you told Cooper about Wilson's wife working at the CIA, you attributed that fact to what reporters --

 

A. Yes.

 

Q. -- plural, were saying. Correct?

 

A. I was very clear to say reporters are telling us that because in my mind I still didn't know it as a fact. I thought I was -- all I had was this information that was coming in from the reporters.

 

. . . .

 

Q. And at the same time you have a specific recollection of telling him, you don't know whether it's true or not, you're just telling him what reporters are saying?

 

A. Yes, that's correct, sir. And I said, reporters are telling us that, I don't know if it's true. I was careful about that because among other things, I wanted to be clear I didn't know Mr. Wilson. I don't know -- I think I said, I don't know if he has a wife, but this is what we're hearing.

 

b. Testimony Given on or about March 24, 2004 Regarding Conversations With Reporters:

 

Q. And let me ask you this directly. Did the fact that you knew that the law could turn, the law as to whether a crime was committed, could turn on where you learned the information from, affect your account for the FBI when you told them that you were telling reporters Wilson's wife worked at the CIA but your source was a reporter rather than the Vice-President?

 

A. No, it's a fact. It was a fact, that's what I told the reporters.

 

Q. And you're, you're certain as you sit here today that every reporter you told that Wilson's wife worked at the CIA, you sourced it back to other reporters?

 

A. Yes, sir, because it was important for what I was saying and because it was -- that's what -- that's how I did it.

 

. . . .

 

Q. The next set of questions from the Grand Jury are -- concern this fact. If you did not understand the information about Wilson's wife to have been classified and didn't understand it when you heard it from Mr. Russert, why was it that you were so deliberate to make sure that you told other reporters that reporters were saying it and not assert it as something you knew?

 

A. I want -- I didn't want to -- I didn't know if it was true and I didn't want people -- I didn't want the reporters to think it was true because I said it. I -- all I had was that reporters are telling us that, and by that I wanted them to understand it wasn't coming from me and that it might not be true. Reporters write things that aren't true sometimes, or get things that aren't true. So I wanted to be clear they didn't, they didn't think it was me saying it. I didn't know it was true and I wanted them to understand that. Also, it was important to me to let them know that because what I was telling them was that I don't know Mr. Wilson. We didn't ask for his mission. That I didn't see his report. Basically, we didn't know anything about him until this stuff came out in June. And among the other things, I didn't know he had a wife. That was one of the things I said to Mr. Cooper. I don't know if he's married. And so I wanted to be very clear about all this stuff that I didn't, I didn't know about him. And the only thing I had, I thought at the time, was what reporters are telling us.

 

. . . .

 

Well, talking to the other reporters about it, I don't see as a crime. What I said to the other reporters is what, you know -- I told a couple reporters what other reporters had told us, and I don't see that as a crime.

 

3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that LIBBY did not advise Matthew Cooper or other reporters that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise Cooper or other reporters that LIBBY did not know whether this assertion was true;

 

In violation of Title 18, United States Code, Section 1623.

 

A TRUE BILL:

 

FOREPERSON

 

PATRICK J. FITZGERALD

 

Special Counsel

 

With approval ratings at 35% I think it time for Rove to quietly leave and the President get some fresh new talent to lead this country. Let's move on.

[Guest Fernando]

Well as a Republican I am in full agreement that Carl Rove should 100% STAY, and that the democrats will never get their christmas wish.

 

 

As for the matter in iraq, oh!!!! the democrats have no room to talk about it.

 

What the democrats are saying is that they had no idea about the intelligence, which of course even in the Clinton years they were spouting that IRAQ had WMD's.

[Guest Arthur J.]

I see that President Bush has ordered a refresher on ethics rules for his staff.

 

In a memo sent to all White House aides Friday, the counsel's office said it will hold briefings this week on ethics, with a particular focus on the rules governing the handling of classified information. Attendance is mandatory for anyone holding any level of security clearance.

 

The week after, there will be sessions on general ethical conduct for the rest of the staff.

 

"The president has made clear his expectation that each member of his Executive Office of the President (EOP) Staff adhere to the spirit as well as the letter of all rules governing ethical conduct for EOP Staff," the memo said.

 

Looks like he finally is getting some order in America's House.

[Guest Richard]

The past five years have been built on nothing but a distortion of the truth concerning every aspect of this nation's problems. If Bill Clinton could be impeached for lying about his sexual life, why can't George Bush or Dick Cheney be impeached for lying about everything?

[Guest Brent Budowsky]

The start of "Scooter" Libby's trial brought disclosures suggesting a criminal cover-up reaching to the top of the Bush administration.

 

According to Libby's lawyer, Vice President Dick Cheney's former chief of staff complained that "they're trying to set me up. They want me to be the sacrificial lamb" to protect George W. Bush's political aide, Karl Rove.

 

The evidence also suggests that Libby and Rove spearheaded a campaign to discredit Iraq War critic Joseph Wilson by revealing his wife's identity as a covert CIA officer.

[Guest Say Cheese]

I can see you all are glued to this issue. You might want to read The Huffington Post exclusive, in-depth report from Juror #9. It blows my mind that these pricks our running our country.

 

Sitting 45 feet from Grossman during his testimony was the man who asked about Wilson, an extremely pale Scooter Libby, the former Chief of Staff and National Security adviser to VP Cheney. (I wondered if Libby's attorneys advised him to keep out of the sun, to emphasize the "tireless worker for the public good" look.)

 

Grossman made inquiries, including a phone call to his old colleague from the Desert Storm days...Joe Wilson! In the report Grossman put together for Libby was the notation: Wilson's wife Valerie was on the CIA panel that approved sending her husband to Niger. The information was passed to Libby on June 11 or 12.

 

"I thought it was pretty interesting. Kind of odd and remarkable," testified Grossman.

 

Inconsistencies: Grossman testified that after the initial phone call, he communicated with Libby in person, outside Deputies meetings at the White House. The FBI's interview notes have Grossman saying he communicated with Libby via three telephone calls. Grossman's response: Not true. "I have the greatest respect for the FBI, but in this instance they may not have gotten everything right. I believe I made the same statement then as now."

 

This is even more juicy

 

Next up is Robert Grenier, 27 years in the CIA. Iraq Mission Manager 2002-2004.

 

General Impressions? Handsome. Well spoken. Nice hair. But don't stop the presses! Grenier is the poster child for the defense's contention that memories are no more reliable than canaries in an open cage. In July of 2003 Grenier, like Grossman, was contacted by Libby wanting to know who sent Joe Wilson to Niger and why. Grenier ("It was complete news to me,") produced his own report for Libby.

 

Asked by prosecutor Fitzgerald if he mentioned Wilson's wife to Libby, Grenier testified, "I believe I did." At least "something to the effect" but "only in passing."

 

Not particularly authoritative, but still.

 

Fitzgerald, gently. Weren't you a tad less certain during your first FBI interview? Grenier agreed. ("If I think back, I think I would have said something to Mr. Libby, but could not say for certain.")

 

Fitzgerald - Since then have you given it more thought?

 

Grenier - "I've been going over and over it in my mind." Eventually, he came to remember "feeling guilty." And that feeling helped him recall thinking, "Oh dear! I'm not sure I should have transmitted that to Mr. Libby."

 

This nails the coffin for that **to perform an anatomical sexual impossibility**er

 

Next on our witness list is Cathie Martin. A senior public affairs official in the Office of the Vice President 2001-2004. Currently Deputy Communications Director at the White House.

 

General Impressions - Attractive. Confident. Pick a superlative.

 

Everyone likes Cathie Martin. Even Marna, our ambassador from the land of everybody's lying. "She told Libby whatever she heard and he told her whatever he knew. She was his right hand man. Kept him going. I believe her."

 

We agree that Martin was damaging to her former boss. She testified that she first learned of Joe Wilson from CIA communications director Bill Harlow, who also told her that Mrs. Wilson worked at the CIA and had some role in sending him to Niger.

 

Said she passed that information to both Libby and Vice President Cheney that same day in the VP's office. She doesn't remember "any specific response."

 

Again, if Martin is believable, Libby was told about Mrs. Wilson, a.k.a. Valerie Plame, before Libby's conversation with Russert.

 

There is a whole lot more. Check it out:

 

http://www.huffingtonpost.com/thenewswire/docs/libby/