It's amusing to see how flagrantly hypocritical Toensig can be. A quick look at her op-eds at http://www.digenovatoensing.com/opEd.html demonstrate her fervid advocacy for charging perjury during the Lewinsky case. Not charging perjury then would be, for her, a blow to the foundations of justice. Now, of course, it's prosecutorial abuse. Toensig is one of the far too common devotees of situational morality where the guiding factor in all choices is whether the defendent is a Democrat or a Republican.

The one that jumped off the page, for me, was the continuing effort to discredit Wilson because his wife brought his value to the attention of her superiors.

That Valerie suggested him does not contradict that he was sent to satisfy the OVP's interest.

That Wilson was convinced his report reached Cheney does become a lie simply because Cheney denies it. It is only a belief, not an assertion of fact, after all, and it is screamingly obvious that Wilson's belief is probably the truth.

That said, I agree with Toensing's first line: "Could someone please explain to me why Scooter Libby is the only person on trial in the Valerie Plame leak investigation?" Hear, hear.

Thanks for the excellent rebuttal, Larry. The WP will surely not print your rebuttal in the name of "balanced reporting".

I agree completely that the WP needs to be taken to task for printing what they know are lies. But until that is directed at a person instead of the institution, it wont go anywhere. We need to attack people like Woodward, Broder, Balz, etc for allowing "their" paper to print what they know are bare-assed lies.

But, there is another dimension to this that is also heartening. They know Fitz is going to get a conviction, and hold a press conference. So, in the interest of "balanced reporting" they gave Toensing space to counter. What's heartening is this is the best shot they have!!!

BTW, do you know if Fitz has actually ended his grand jury? The way I read the Libby indictment was, a conviction will establish the truth of particular matters that prevented Fitz from pursuing further investigation and possible other charges.

About 30% of the populus would deny the fact that their hair was on fire, repeatedly,if it was a liberal making the claim.

"Simply put, the president's deposition testimony regarding whether he had ever been alone with Ms. (Monica) Lewinsky was intentionally false, and his statements regarding whether he had ever engaged in sexual relations with Ms. Lewinsky likewise were intentionally false . . . ."

-Judge Susan Webber Wright

Result:

Clinton payed $90,000 and lost his ability to practice law in the state of Arkansas and then was disbarred from the US Supreme court as well.

In your words, it was "a blow to the foundations of justice."

Your words:

"...Toensig is one of the far too common devotees of situational morality where the guiding factor in all choices is whether the defendent is a Democrat or a Republican...."

Hardly. This is projection on your part.

Larry -- let's begin with comprehending Brewster Jennings, and firms much like it.

Back in the 60's through the 1980's (and my knowledge does not go beyond that) CIA bought out a number of old line small family owned firms where there was no clear family member who would take over, but where there were people with much expertise in whatever the firm did, who wanted to stay on. CIA supplied some management, sometimes additional capital, and the firms continued, providing places for NOC's who needed a berth, while at the same time allowing expert and sometimes old time employees to stay in job. Eventually the family ownership was paid out, and the older employees properly pensioned, and cover could then be organized around new projects and interests without suspicion.

Larry, the problem is when one of these goes down, many folk feel the impact, and it is not just Plame and her kin, or the immediately involved. People with advanced degrees on which they may still owe loans, suddenly have no useful reference, even if they were not at all witting to some purposes of their employer. Yes, what the operation did may have been useful, but consider the implications? It is not just the foreign agents who may have been connected and have problems, -- it may be others who can never recover through no concious act of their own.

Toensing and her like need to be held up for precisely what they are -- apologists for discarding human values for political points. But what is not recognized is that there may be many hidden victims.

The normal federal grand jury is empaneled in the districe. Fitzgerald can bring any new charges directed at Libby, or anybody else, to this grand jury.

~

Dear apologist for the scumbags:

Here ... Come back to this reality.

IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA

Holding a Criminal Term

Grand Jury Sworn in on October 31, 2003

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

I find it odd that you do not fault the CIA for taking advantage of innocent employees of these firms (I gather they are not offered "informed consent" disclosures) and putting those employees and their careers at risk solely for the benefit of the CIA.

"Oh, what a tangled web we weave . . . ."

Dear Troll:

If your unsupported assertions (no links or sources were given in your rant) are true, how would you respond to the following?

1. Who asked for a Justice Department investigation? (the CIA)

2. Why did the Justice Department appoint a special prosecutor? (Cheney was involved and could bring political pressure on the DOJ?)

3. Why did a Grand Jury bring a variety of indictments against Scooter Libby? (cause he's guilty as hell?)

Yes, a covert agent was outed (for political ends, as has come out in the trial). If it was easier to prove that people knew in advance of her covert status, half of the Bush Whitehouse would be on trial right now.

I guess that would be why there was no "informed consent" proposed, or signed.

Jan Knaus

Yup.

And the question for those not ethically challenged is whether we want a governmental agency acting in that way. 

The truth does mean a lot to me. Please address my points and enlighten me of the truth you so treasure.

confirmed which of Joe's many accounts?

~

Dear apologist for the scumbags:

Here ... This is the account that counts.

IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA

Holding a Criminal Term

Grand Jury Sworn in on October 31, 2003

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

And this perception (the Niger official's) establishes as a fact that Iraq had come to negotiate the purchase of uranium and thereby somehow impeaches the word of Wilson?

Someone's busy picking nits...

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

Funny how Wilson somehow forgot to point this out in his op-ed article - what do YOU think Iraqis wanted to buy in Niger?

Garbanzo beans, onions, garlic, peppers, gum arabic, sesame seeds, livestock, gold....there are plenty of reasons to discuss trade with Niger other than uranium.  But why assume Iraq wanted to buy something from Niger?  They were probably more interested in selling, I would think. 

Neoboho

Ask Ibrahim Mayaki - he was there and he thought it was yellowcake

If you were a 4 star general and claimed in an op-ed that LBJ sent you on a specific mission to bomb 2 NVA air bases north of Hanoi and you claimed to have returned and submitted a report that LBJ requested from you and you claimed to have submitted the report for him and then further claimed that LBJ was ignoring the report that you submitted, you are clearly trying to convey that LBJ personally directed you.

You are fudging around the deception to whatever whim of the moment suits you. You liked the fact that Wilson implied that his direct connection to Cheney when he wrote the OP-ED and now you want to pretend that Wilson was just claiming that he was a low ranking foot soldier whose work was not intended for high level consideration. You can't have it both ways. Wilson has tried to have it both ways and three ways and a hundred ways. Your metaphor is flawed even as you explain it. You claimed that LBJ sent a letter to report for duty to the US Army. If after this request you were ordered to clean out the Latrine, what would your CO say if you told him that you were cleaning a latrine at the "behest" of LBJ. You'd be section 8!

Putty heads not withstanding, Wilson lied numerous times and he continues to lie today. In addition, Check the date of Plame's memo, Feb. 12, 2002. The VP was briefed on Feb. 13. Surprise!

If it takes too much time to address my points, then I take it you mean that you expect to not derive the satisfaction of presenting a convincing argument to disprove my factual arguments. It is true you have failed to make a convincing argument.

In retrospect, it is more than possible Mayaki was offering what he thought we wanted to hear. There was a fair amount of that going around.
*******************************************

Could be. Wilson dutifully grabbed it and brought it home to report.

Would it be fair to summarize by saying Wilson was right for the wrong reasons (re WMD/nuclear efforts) and the administration wrong for the right reasons?

I don't look at it that way, but it seems the only defense left to the debacle that is Iraq.
********************************************

I think that is probably the most fair thing I have heard written about the whole Wilson/Plame episode on this site.

When you read the declassified CIA memo LJ links to and the SSCI report that I link to above, it becomes obvious that the single original piece of intelligence Wilson brought back from Niger was the report by Mayaki that he thought Iraqis who were chatting him up were interested in yellowcake, the rest was just confirming what the ambassador had reported earlier. I find it highly ironic that it was the only thing in his oral report that gave any support to Bush's SOTU speech.

Of course, he left it out of his op-ed piece. You can see why the Administration went berserk - from their perspective, he was using cherry-picked intelligence to accuse them of cherry-picking intelligence.

You'll notice if you look again that I said "if laws were broken". I don't think Iraq by itself is a violation of procedure, although it was arguably stretched a bit. What I would perhaps bring charges on, even though there was no broken law involved, would be the weakening of the Afghanistan operation and the subsequent failure to roll up Al Qaeda. The charge would be reckless endangerment of national security.

If one is going to act on instinct regarding a threat one had better deliver. While numerous non-executive intel types were saying there was no weapons threat, I understand most department heads and public figures agreed there was in fact some threat. Still, people like Wilson were not arguing for invasion, and Bush was. Those that wanted to invade got it wrong. Those that were cautious won the bet.

Shall we reward failure? Lots of dead people and other unwanted results lack an accounting.

Asked and answered a few years ago.  Mayaki met with an Iraqi delegation in Algiers and the Iraqis said they wanted to expand commercial relations with Niger.  Mayaki assumed it was about uranium.  "Assumed" is the key word here - uranium was not discussed. For all we know the Iraqi delegates were looking for new markets for the country's date exports - top quality dates, I understand.

Neoboho

Bingo!

~OGD~

It may not serve your purpose... too bad!

I'm going to say this once, and once only.

Boss:

I ain't your peon... If you had prefaced your request with a please, I would have seriously thought about it. But, being that you didn't, as one old sailor boy would say ... if you don't like it, stick it in your poop chute where the sun don't shine ...

I'll do whatever I god damn well please! Whatta ya' gonna do about it anyways, report me to my Admiral?

Now why don't you run out a get me a hunnert yards of waterline...

Sheesh...

~OGD~

ps: And related to your, "...what do YOU think Iraqis wanted to buy in Niger?" Knowing Saddam, his sons and their ilk, 13 year old Nubian virgins.

The President called.

He ordered you to stop cleaning the latrines.

It's hard to get through Dateland w/o at least a date shake.  I wonder if they still sell Iraqi dates.  I must investigate (about a 2 hour drive from home here in Imperial Valley.)  If I find any Iraqi businessmen there, I'll report to Homeland Security that there are Iraqis shopping for atomic bombs in Arizona.

The other part of the story I find pretty interesting: African businessmen who allegedly "set-up" the meeting between Iraq and Niger.  The Algerian "Baraka" - oops, the source of this story turns out to be from the forged documents, but exercepted ver batim by SISMI. (foreign source)

Redacted businessman: probably not Baraka - source of "expanded commercial relations" story, and Mayaki's speculations.  This is interesting because Mayaki claims the meeting took place, but he wouldn't allow uranium sales on the agenda.  So what did they meet about?  Is this where the bales of cotton came from?  Was Iraq planning to sell chocolate covered cotton balls to US troops?

West African Businessman: Source that large quantities of Iraq-bound uranium was stored in a warehouse in Benin.  But the warehouse actually contained bales of cotton.  But this businessman was never interviewed by any of our competing intelligence agencies. 

<>These four examples seem to constitute the "other sources" of the yellowcake deal.   Pretty thin, and not worth the $750 billion you mention.

<>It reminds me of the Bermuda Triangle story.  I saw a story about one investigator who set out to trace down the sources of all the incidents that collectively constituted the "mystery" and discovered that all the lines of evidence circulated from one publication to the next, but ultimately derived from an unsubstantiated story published in Argosy in 1964.  That's Argosy : Magazine of Masterpiece Fiction.

Neoboho