If a senior White House official leaks classified information that identifies an undercover CIA officer to reporters in order to undermine a critic of the administration, he is not entitled to lie about it to FBI agents and a grand jury charged with the task of determining if such a leak violated the law. That was special counsel Patrick Fitzgerald's message, as he held a dramatic press conference at the Justice Department to explain the five-count indictment his grand jury issued against I. Lewis "Scooter" Libby, chief of staff to Vice President Dick Cheney. "This is a very serious matter," he insisted.
The indictment charged Libby with two counts of making false statements to the FBI, two counts of committing perjury (by lying twice to the grand jury) and one count of obstruction of justice. All these charges referred to Libby's account of how he came to learn of Valerie Wilson, the undercover CIA official who was married to former ambassador Joseph Wilson, a White House critic, and who was outed in a July 14, 2003 Bob Novak column. During interviews with FBI agents and in his testimony before the grand jury, Libby--who, before the Novak column was published, told Judith Miller of The New York Times and Matt Cooper of Time that Wilson's wife worked at the CIA--repeatedly claimed that he was merely passing along information he had heard from other reporters. For instance, on March 5, 2004, Libby, answering questions about a July 12, 2003 conversation with Cooper, told the grand jury,
All I had was this information that was coming in from the reporters....I said, reporters are telling us that [about Valerie Wilson's employment at the CIA]. 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.
On March 24, 2004, Libby, in another appearance before the grand jury, said,
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....So I wanted to be clear they [the reporters to whom he spoke] didn't, they didn't think it was me saying it. I didn't know if it [the information about Valerie Wilson] was true, and I wanted them to understand that.
But, according to the indictment, Libby had actively gathered information on Joseph Wilson and his wife after newspaper stories appeared about a trip that Joseph Wilson had taken to Niger for the CIA in February 2002, during which he had concluded that the allegation that Iraq had been shopping there for weapon-grade uranium was highly dubious. In May 2003, New York Times columnist Nicholas Kristof, using Wilson as a source, wrote about this trip without naming Wilson. The Washington Post did the same the following month. And on July 6, 2003, Wilson published an op-ed piece in the Times describing his mission to Niger and his findings, which undercut the Bush administration's use of the Niger allegation in making a case for war.
In late May 2003--after the first Kristof column and before Wilson went public with his op-ed--Libby asked Undersecretary of State Marc Grossman for information on the unnamed ambassador's trip to Niger. Grossman ordered the State Department's Bureau of Intelligence and Research to prepare a report on the ambassador and the trip and subsequently told Libby that Wilson had been the ambassador. On June 9, 2003, according to the indictment, classified CIA documents that covered Wilson and the Niger trip (without mentioning Wilson by name) were faxed from the CIA to Libby. Two or three days later, Grossman told Libby, the indictment says, that "Wilson's wife worked at the CIA." About that time, Libby spoke with a senior CIA officer, who also informed Libby that Wilson's wife worked at the CIA. Also about the time, the indictment states, Cheney told Libby that Wilson's wife was employed at the CIA in the counterproliferation division. This is an intriguing fact. Usually in Washington, principles ask their subordinates to dig up information for them. Apparently, Cheney was doing his own fact-finding on the Wilson front. The indictment does not explain what Cheney was up to or why. It notes that "Libby understood that the Vice President had learned this information from the CIA." Cheney had a back-channel behind his back-channel (Libby).
Libby was not done gathering information on Joseph and Valerie Wilson. On or about June 14, 2003--still weeks before Wilson's op-ed article appeared--Libby, according to the indictment, met with a CIA briefer and "discussed with the briefer, among other things, 'Joseph Wilson' and his wife 'Valerie Wilson' in the context of Wilson's trip to Niger." (Fitzgerald's use of quotation marks in this passage of the indictment suggests he has notes from this meeting.)
Libby, as depicted in the indictment, was aware of the sensitive nature of the material he had collected on the Wilsons. When an assistant asked if information on Wilson's trip could be shared with the press to rebut the charge that Cheney had sent Wilson to Niger (an allegation never made by Wilson, who had said that his trip was a response to a request that had come to the CIA from Cheney's office), Libby told his aide that he could not talk about this topic on a nonsecure telephone line.
Yet days later--on June 23, 2003--Libby met with Judy Miller and told her that Wilson's wife might work at the CIA. And the day after Joseph Wilson's op-ed piece appeared, Libby had lunch with White House press secretary Ari Fleischer and informed him that Wilson's wife worked at the CIA, adding that this was not widely known. That week, Libby twice more discussed Valerie Wilson with Miller. And on July 10 or 11, 2003, Libby, according to the indictment, spoke to a senior White House official--identified as "Official A" and possibly White House aide Karl Rove--who told Libby that earlier in the week he (Official A) had discussed Wilson's wife and her CIA employment with Novak, who would be writing a column about her.
If the indictment is correct, Libby was not only in the loop regarding Valerie Wilson and her connection to the CIA; he had helped to create it. Yet Fitzgerald's indictment quotes Libby declaring over and over he only had heard--and passed along--scuttlebutt received from other reporters. To prop up this cover story, Libby told the FBI agents that it had been NBC News' Tim Russert who had said to him that Valerie Wilson worked at the CIA and that "all the reporters knew it." Russert told the grand jury that he had not discussed Wilson's wife with Libby and that in this particular conversation Libby had complained to him about an MSNBC reporter (who goes unnamed in the indictment).
Libby appears to have concocted a rather clumsy cover story, especially in that he pointed to a specific reporter as his source--Russert--for the information on Valerie Wilson that he shared with Miller and Cooper. A reasonable assumption is that even if Libby was not a source for the Novak column that identified Valerie Wilson, he was attempting to distance himself--and perhaps Cheney--from the administration's effort to find and leak information on Wilson and his wife (even if it might be classified) to undercut Wilson's criticism. During the press conference, Fitzgerald noted that Libby was the first official who talked to a reporter about Valerie Wilson when he discussed her with Miller on June 23, 2003.
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