From the Indictment

As I keyboard Fitzgerald’s news conference is ongoing, but it seems to me the quality of the questions is deteriorating, so I’m movin on to something else. As I explained at the end of the last post, the big points from the press conference are these:

    The investigation is ongoing. A new grand jury is available to Fitzgerald if he needs one. He will not comment on Karl Rove or anyone not named in the indictment. He will not say if there will be other charges.
    The obstruction and perjury charges should not be interpreted to mean that Libby did not violate other laws. The charges mean Fitzgerald was unable to find out if other laws were violated or not, because of the obstruction.
    Also, I infer that Fitzgerald needed Judy Miller’s testimony to bring the perjury charge. Miller was an eyewitness to a crime as far as Fitzgerald was concerned.

I haven’t had time to digest the entire indictment, but this section, which begins on page 4 of the indictment, explains what happened up to the publication of Joe Wilson’s New York Times op ed.

This is from page 4 of the indictment:

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.

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