[lbo-talk] Cheney Told Libby about Plame -- and learned it from Tenet

Michael Pollak mpollak at panix.com
Tue Oct 25 11:23:31 PDT 2005


[I know most people are at the MEGO stage, but this is a real bombshell. This is written proof of perjury and obstructing justice -- and seemingly also written evidence that the original disclosure broke the agent disclosure act. If this report is true, Fitzgerald has a real smoking gun.]

http://www.nytimes.com/2005/10/25/politics/25leak.html

The New York Times

October 25, 2005

Cheney Told Aide of C.I.A. Officer, Lawyers Report

By DAVID JOHNSTON, RICHARD W. STEVENSON and DOUGLAS JEHL

WASHINGTON, Oct. 24 - I. Lewis Libby Jr., Vice President Dick Cheney's

chief of staff, first learned about the C.I.A. officer at the heart of

the leak investigation in a conversation with Mr. Cheney weeks before

her identity became public in 2003, lawyers involved in the case said

Monday.

Notes of the previously undisclosed conversation between Mr. Libby and

Mr. Cheney on June 12, 2003, appear to differ from Mr. Libby's

testimony to a federal grand jury that he initially learned about the

C.I.A. officer, Valerie Wilson, from journalists, the lawyers said.

The notes, taken by Mr. Libby during the conversation, for the first

time place Mr. Cheney in the middle of an effort by the White House to

learn about Ms. Wilson's husband, Joseph C. Wilson IV, who was

questioning the administration's handling of intelligence about Iraq's

nuclear program to justify the war.

Lawyers involved in the case, who described the notes to The New York

Times, said they showed that Mr. Cheney knew that Ms. Wilson worked at

the C.I.A. more than a month before her identity was made public and

her undercover status was disclosed in a syndicated column by Robert

D. Novak on July 14, 2003.

Mr. Libby's notes indicate that Mr. Cheney had gotten his information

about Ms. Wilson from George J. Tenet, the director of central

intelligence, in response to questions from the vice president about

Mr. Wilson. But they contain no suggestion that either Mr. Cheney or

Mr. Libby knew at the time of Ms. Wilson's undercover status or that

her identity was classified. Disclosing a covert agent's identity can

be a crime, but only if the person who discloses it knows the agent's

undercover status.

It would not be illegal for either Mr. Cheney or Mr. Libby, both of

whom are presumably cleared to know the government's deepest secrets,

to discuss a C.I.A. officer or her link to a critic of the

administration. But any effort by Mr. Libby to steer investigators

away from his conversation with Mr. Cheney could be considered by

Patrick J. Fitzgerald, the special counsel in the case, to be an

illegal effort to impede the inquiry.

White House officials did not respond to requests for comment, and Mr.

Libby's lawyer, Joseph Tate, would not comment on Mr. Libby's legal

status. Randall Samborn, a spokesman for Mr. Fitzgerald, declined to

comment on the case.

Mr. Fitzgerald is expected to decide whether to bring charges in the

case by Friday, when the term of the grand jury expires. Mr. Libby and

Karl Rove, President Bush's senior adviser, both face the possibility

of indictment, lawyers involved in the case have said. It is not

publicly known whether other officials also face indictment.

The notes help explain the legal difficulties facing Mr. Libby.

Lawyers in the case said Mr. Libby testified to the grand jury that he

had first heard from journalists that Ms. Wilson may have had a role

in dispatching her husband on a C.I.A.-sponsored mission to Africa in

2002 in search of evidence that Iraq had acquired nuclear material

there for its weapons program.

But the notes, now in Mr. Fitzgerald's possession, also indicate that

Mr. Libby first heard about Ms. Wilson - who is also known by her

maiden name, Valerie Plame - from Mr. Cheney. That apparent

discrepancy in his testimony suggests why prosecutors are weighing

false statement charges against him in what they interpret as an

effort by Mr. Libby to protect Mr. Cheney from scrutiny, the lawyers

said.

It is not clear why Mr. Libby would have suggested to the grand jury

that he might have learned about Ms. Wilson from journalists if he was

aware that Mr. Fitzgerald had obtained the notes of the conversation

with Mr. Cheney or might do so. At the beginning of the investigation,

Mr. Bush pledged the White House's full cooperation and instructed

aides to provide Mr. Fitzgerald with any information he sought.

The notes do not show that Mr. Cheney knew the name of Mr. Wilson's

wife. But they do show that Mr. Cheney did know and told Mr. Libby

that Ms. Wilson was employed by the Central Intelligence Agency and

that she may have helped arrange her husband's trip.

Some lawyers in the case have said Mr. Fitzgerald may face obstacles

in bringing a false-statement charge against Mr. Libby. They said it

could be difficult to prove that he intentionally sought to mislead

the grand jury.

Lawyers involved in the case said they had no indication that Mr.

Fitzgerald was considering charging Mr. Cheney with wrongdoing. Mr.

Cheney was interviewed under oath by Mr. Fitzgerald last year. It is

not known what the vice president told Mr. Fitzgerald about the

conversation with Mr. Libby or when Mr. Fitzgerald first learned of

it.

But the evidence of Mr. Cheney's direct involvement in the effort to

learn more about Mr. Wilson is sure to intensify the political

pressure on the White House in a week of high anxiety among

Republicans about the potential for the case to deal a sharp blow to

Mr. Bush's presidency.

Mr. Tenet was not available for comment Monday night. But another

former senior intelligence official said Mr. Tenet had been

interviewed by the special prosecutor and his staff in early 2004, and

never appeared before the grand jury. Mr. Tenet has not talked since

then to the prosecutors, the former official said.

The former official said he strongly doubted that the White House

learned about Ms. Wilson from Mr. Tenet.

On Monday, Mr. Rove and Mr. Libby both attended a cabinet meeting with

Mr. Bush as the White House continued trying to portray business as

usual. But the assumption among White House officials is that anyone

who is indicted will step aside.

On June 12, 2003, the day of the conversation between Mr. Cheney and

Mr. Libby, The Washington Post published a front-page article

reporting that the C.I.A. had sent a retired American diplomat to

Niger in February 2002 to investigate claims that Iraq had been

seeking to buy uranium there. The article did not name the diplomat,

who turned out to be Mr. Wilson, but it reported that his mission had

not corroborated a claim about Iraq's pursuit of nuclear material that

the White House had subsequently used in Mr. Bush's 2003 State of the

Union address.

An earlier anonymous reference to Mr. Wilson and his mission to Africa

had appeared in a column by Nicholas D. Kristof in The New York Times

on May 6, 2003. Mr. Wilson went public with his conclusion that the

White House had "twisted" the intelligence about Iraq's pursuit of

nuclear material on July 6, 2003, in an Op-Ed article in The New York

Times.

The note written by Mr. Libby will be a crucial piece of evidence in a

false-statement case against him if Mr. Fitzgerald decides to pursue

it, lawyers in the case said. It also explains why Mr. Fitzgerald

waged a long legal battle to obtain the testimony of reporters who

were known to have talked to Mr. Libby.

The reporters involved have said that they did not supply Mr. Libby

with details about Mr. Wilson and his wife. Matthew Cooper of Time

magazine, in his account of a deposition on the subject, wrote that he

asked Mr. Libby whether he had even heard that Ms. Wilson had a role

in sending her husband to Africa. Mr. Cooper said that Mr. Libby did

not use Ms. Wilson's name but replied, "Yeah, I've heard that too."

In her testimony to the grand jury, Judith Miller, a reporter for The

New York Times, said Mr. Libby sought from the start of her three

conversations with him to "insulate his boss from Mr. Wilson's

charges."

Mr. Fitzgerald asked questions about Mr. Cheney, Ms. Miller said. "He

asked, for example, if Mr. Libby ever indicated whether Mr. Cheney had

approved of his interview with me or was aware of them," Ms. Miller

said. "The answer was no."

In addition to Mr. Cooper and Ms. Miller, Mr. Fitzgerald is known to

have interviewed three other journalists who spoke to Mr. Libby during

June and July 2003. They were Walter Pincus and Glenn Kessler of The

Washington Post and Tim Russert of NBC News.

Mr. Pincus and Mr. Kessler have said that Mr. Libby did not discuss

Mr. Wilson's wife with them in their conversations during the period.

Mr. Russert, in a statement, declined to say exactly what he discussed

with Mr. Libby, but said he first learned the identity of Mr. Wilson's

wife in the column by Mr. Novak.

* Copyright 2005 The New York Times Company



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