Plame Developments

From http://www.antiwar.com/justin/ ...
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"An interesting footnote: On the list of subpoenaed materials are included administration contacts with more than two dozen journalists. Included right up there with superstars such as Walter Pincus and Dana Priest, of the Washington Post, Evan Thomas (Newsweek), Andrea Mitchell, Chris Matthews, Tim Russert, Nicholas D. Kristof, and Judith Miller, we have one Jeff Gannon, of something called "Talon News." So, what's up with that?

My regular readers might recall a column I wrote on Plame-gate a couple of months ago, wherein I mentioned that the Talon News Agency, an arm of something called "GOP U.S.A," did an interview with Ambassador Wilson, during which the interviewer challenged Wilson with an internal U.S. government document purporting to be the minutes of a meeting at which Plame played a key role in getting her husband the Niger assignment. There was just one problem with these documents: as in the Niger uranium forgeries, which listed ministers who hadn't served in years and got key facts wrong, these minutes of a purported meeting of CIA agents placed personnel in locations they couldn't possibly have been. Another forgery! Counterfeiting official documents is also a crime, particularly when it is done with the cooperation or complicity of government officials involved in a conspiracy. "

 

A quick question before I go for a family hike on a wonderful day...

Why is it the most strident defenders of Bush and disparagers of Kerry and Dems are absent from this thread?

 

April 2, 2004
Prosecutors Are Said to Have Expanded Inquiry Into Leak of C.I.A. Officer's Name
By DAVID JOHNSTON and RICHARD W. STEVENSON NYTIMES

WASHINGTON, April 1 — Prosecutors investigating whether someone in the Bush administration improperly disclosed the identity of a C.I.A. officer have expanded their inquiry to examine whether White House officials lied to investigators or mishandled classified information related to the case, lawyers involved in the case and government officials say.

In looking at violations beyond the original focus of the inquiry, which centered on a rarely used statute that makes it a felony to disclose the identity of an undercover intelligence officer intentionally, prosecutors have widened the range of conduct under scrutiny and for the first time raised the possibility of bringing charges peripheral to the leak itself.

The expansion of the inquiry's scope comes at a time when prosecutors, after a hiatus of about a month, appear to be preparing to seek additional testimony before a federal grand jury, lawyers with clients in the case said. It is not clear whether the renewed grand jury activity represents a concluding session or a prelude to an indictment.

The broadened scope is a potentially significant development that represents exactly what allies of the Bush White House feared when Attorney General John Ashcroft removed himself from the case last December and turned it over to Patrick J. Fitzgerald, the United States attorney in Chicago.

Republican lawyers worried that the leak case, in the hands of an aggressive prosecutor, might grow into an unwieldy, time-consuming and politically charged inquiry, like the sprawling independent counsel inquiries of the 1990's, which distracted and damaged the Clinton administration.

Mr. Fitzgerald is said by lawyers involved in the case and government officials to be examining possible discrepancies between documents he has gathered and statements made by current or former White House officials during a three-month preliminary investigation last fall by the F.B.I. and the Justice Department. Some officials spoke to F.B.I. agents with their lawyers present; others met informally with agents in their offices and even at bars near the White House.

The White House took the unusual step last year of specifically denying any involvement in the leak on the part of several top administration officials, including Karl Rove, President Bush's senior adviser, and I. Lewis Libby, Vice President Dick Cheney's chief of staff. The White House press secretary, Scott McClellan, has repeatedly said no one wants to get to the bottom of the case more than Mr. Bush.

But Mr. Bush himself has said he does not know if investigators will ever be able to determine who disclosed the identity of the C.I.A. officer, Valerie Plame, to Robert Novak, who wrote in his syndicated column last July that Ms. Plame, the wife of former Ambassador Joseph C. Wilson IV, was a C.I.A. employee.

Mr. Wilson was a critic of the administration's Iraq policies. Democrats have accused the White House of leaking his wife's name in retaliation because Mr. Wilson, in a July 6, 2003, Op-Ed commentary in The New York Times, disputed Mr. Bush's statement in his State of the Union address that January that Iraq was trying to develop a nuclear bomb and had sought to buy uranium in Africa.

The suspicion that someone may have lied to investigators is based on contradictions between statements by various witnesses in F.B.I. interviews, the lawyers and officials said. The conflicts are said to be buttressed by documents, including memos, e-mail messages and phone records turned over by the White House.

At the same time, Mr. Fitzgerald is said to be investigating whether the disclosure of Ms. Plame's identity came after someone discovered her name among classified documents circulating at the upper echelons of the White House. It could be a crime to disclose information from such a document, although such violations are rarely prosecuted.

Mr. Bush's advisers have repeatedly urged White House employees to cooperate with the inquiry, and it is unclear whether Mr. Fitzgerald has made any decisions about whether to go forward or drop the case. On Thursday, Randall Samborn, a spokesman for Mr. Fitzgerald in Chicago, declined to discuss the case.

Mr. McClellan said the White House was fully cooperating with the investigation, but he declined to comment on the latest developments.

Mr. Fitzgerald, who has been in charge of the case for three months, has said he is nearing completion of the inquiry, the lawyers said. Some of them have suggested that he may be facing a problem if he declines to prosecute.

Prosecutors almost never make public the details of cases in which they investigate, but bring no charges. Federal law bars prosecutors from disclosing information obtained through a grand jury, the legal vehicle Mr. Fitzgerald has used to conduct his inquiry.

But in this case, being investigated in the heat of a closely fought presidential election, Democrats have been watching carefully for any sign that the prosecutor has favored the administration. Should Mr. Fitzgerald bring the case to a close with no indictments and no public explanation of his decision not to prosecute, he would almost certainly be subject to intense criticism from Democrats.

Several lawyers said Mr. Fitzgerald could ask a judge to allow him to issue a report. Or, they said, he could seek to employ a rarely used provision of the Justice Department's guidelines for prosecutors allowing grand juries to issue reports. But those sections of the prosecutor's manual appear to relate to public officials in organized crime cases.
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Here's Josh Marshall..
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Earlier this month Murray Waas reported in the American Prospect that Karl Rove had admitted "that he circulated and discussed damaging information regarding CIA operative Valerie Plame with others in the White House, outside political consultants, and journalists [but] also adamantly insisted to the FBI that he was not the administration official who leaked the information that Plame was a covert CIA operative to conservative columnist Robert Novak."

In itself, this is not surprising. It's been pretty clear from the start that Rove pushed the Plame story with reporters after the Novak column appeared. The question is whether he was also the original source of the story.

If he only did only the former, I've always assumed that he was legally in the clear, notwithstanding the ethical sliminess of the behavior.

But perhaps that's not so.

A couple weeks back a legal memo fell into my hands from the sky. And it suggests that even the facts Rove has apparently admitted to put him in clear legal jeopardy.

First, a brief note about the memo: this is not a memo that is in any way a product of the investigation itself. The facts it discusses are exclusively ones which have appeared in media reports. I'm not a lawyer so I cannot myself vouch for the strength of the arguments advanced in the memo. (They certainly seem, to my non-legal mind, to press for an interpretation which yields legal jeopardy.) But it was prepared by lawyers with the proper professional expertise to compose such a memo and interpret the statutes and precedents in question. Finally, this memo is not the product of any political campaign or organization. Not that it would matter particularly, but it's not.

Now to the memo.

The essential argument is that the law, the Intelligence Identities Protection Act, does more than simply prohibit a governmental official with access to classified information from divulging the identities of covert operatives. The interpretation of the law contained in the memo holds that a government insider, with access to classified information, such as Rove is also prohibited from confirming or further disseminating the identity of a covert agent even after someone else has leaked it.

I won't try to explain it anymore than that. The memo is only a few pages long and I've marked the key passages.

There is one point the author of the memo doesn't raise. My layman's reading of the memo suggests to me that it would be critical to ascertain whether Rove learned of Plame's identity before the Novak article appeared or whether he learned of it for the first time when he read Novak's column.

If the latter, then I'm not sure the argument contained in the memo holds up.

Again, that's what occurred to me reading this memo. But bear in mind that my legal education is limited to a summer studying for the LSAT and a mortifying few hours about a decade ago taking the damn thing itself.

Here's the memo. I'm curious to hear your opinions.

-- Josh Marshall
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Here's the memo he references...
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http://talkingpointsmemo.com/docs/plame.law.memo.pdf

 

Mr. FINEMAN: Remember the leak investigation?

MATTHEWS: Yes.

Mr. FINEMAN: Who leaked that name? That's getting big behind the scenes, and I think it's going to be a bigger story than we know, because the question now is not just who leaked it but who lied to investigators about the leak.

 

Out on Friday...

 

Cheney Aide Suggested as Possible Leakers of CIA Operative's Name
The Associated Press

WASHINGTON (AP) - Vice President Cheney's chief of staff, Lewis "Scooter" Libby, has been pegged as a possible leaker of the name of CIA operative Valerie Plame to a syndicated columnist, according to a new book by former ambassador Joseph C. Wilson IV, Plame's husband.
In "The Politics of Truth," to be published Friday, Wilson says Libby is "quite possibly the person who exposed my wife's identity," according to The Washington Post, which obtained an early copy.

Wilson writes that a "workup" of his background was done by the White House in March 2003, after his public criticism of the administration's Iraq policy.

"The other name that has most often been repeated to me in connection with the inquiry and disclosure into my background and Valerie's is that of Elliott Abrams, who gained infamy in the Iran-Contra scandal," he writes. Abrams is currently a Mideast specialist on the National Security Council.

Another suspect named in Wilson's book: White House chief political adviser Karl Rove. "The workup on me that turned up the information on Valerie was shared with Karl Rove, who then circulated it in administration and neoconservative circles," Wilson writes.

Columnist Robert Novak has said only that "two senior administration officials" were his sources.

Last October, White House spokesman Scott McClellan said his conversations with Rove, Libby and Abrams have ruled out their involvement.

On Thursday, McClellan said: "Mr. Wilson has publicly stated his primary objective is a political agenda to defeat the president in this election, and I don't intend to do a book review."

A federal grand jury is probing the leak of the CIA officer's identity. Subpoenas were issued to the White House on Jan. 22. The grand jury is attempting to find out if anyone violated a federal law that prohibits the intentional disclosure of the identity of an undercover agent by officials with security clearances.

Some critics have speculated that officials in the Bush administration had told reporters the name of the CIA officer to discredit her husband and his criticism of the administration's Iraq policy.

 

Excerpt from page 343... Novak knew a lot before he published...
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LATE ON TUESDAY AFTERNOON, July 8, six days before Robert Novak's article about Valerie and me, a friend showed up at my office with a strange and disturbing tale. He had been walking down Pennsylvania Avenue toward my office near the White House when he came upon Novak, who, my friend assumed, was en route to the George Washington University auditorium for the daily taping of CNN's Crossfire. He asked Novak if he could walk a block or two with him, as they were headed in the same direction; Novak acquiesced. Striking up a conversation, my friend, without revealing that he knew me, asked Novak about the uranium controversy. It was a minor problem, Novak replied, and opined that the administration should have dealt with it weeks before. My friend then asked Novak what he thought about me, and Novak answered: "Wilson's an *******. The CIA sent him. His wife, Valerie, works for the CIA. She's a weapons of mass destruction specialist. She sent him." At that point, my friend and Novak went their separate ways. My friend headed straight for my office a couple of blocks away.

Once he related this unsettling story to me, I asked him to immediately write down the details of the conversation and afterwards ushered him out of my office. Next, I contacted the head of the news division at CNN, Eason Jordan, Novak's titular boss, whom I had known for a number of years. It took several calls, but I finally tracked him down on his cell phone. I related to him the details of my friend's encounter with Novak and pointed out that whatever my wife might or might not be, it was the height of irresponsibility for Novak to share such information with an absolute stranger on a Washington street. I asked him to speak to Novak for me, but he demurred- he said he did not know him very well-and suggested that I speak to Novak myself. I arranged for him to have Novak call me and hung up.

Novak called the next morning, but I was out, and then so was he. We did not connect until the following day,July 10. He listened quietly as I repeated to him my friend's account of their conversation. I told him I couldn't imagine what had possessed him to blurt out to a complete stranger what he had thought he knew about my wife.

Novak apologized, and then asked if I would confirm what he had heard from a CIA source: that my wife worked at the Agency. I told him that I didn't answer questions about my wife. I told him that my story was not about my wife or even about me; it was about sixteen words in
the State of the Union address.

I then read to him three sentences from a 1990 news story about the evacuation of Baghdad: "The chief American diplomat, Joe Wilson, shepherds his flock of some 800 known Americans like a village priest. At 4:30 Sunday morning, he was helping 55 wives and children of U.S. diplomats from Kuwait load themselves and their few remaining possessions on transport for the long haul on the desert to Jordan. He shows the stuff of heroism." The reporters who had written this, I pointed out, were Robert Novak and Rowland Evans. I suggested to Novak that he might want to check his files before writing about me. I also offered to send him all the articles I had written in the past year on policy toward Iraq so that he could educate himself on the positions I had taken. He would learn, if he took the time, that I was hardly antiwar, just anti-dumb war. Before I hung up, Novak apologized again for having spoken about Valerie to a complete stranger.

The following Monday, July 14, 2003, I read Novak's syndicated column in the Washington Post. The sixth paragraph of the ten-paragraph story leapt out at me: "Wilson never worked for the CIA, but his wife, Valerie Plame, is an Agency operative on weapons of mass destruction. Two senior administration officials told me Wilson's wife suggested sending him to Niger to investigate the Italian report."

When I showed it to Valerie, she was stoic in her manner but I could see she was crestfallen. Twenty years of loyal service down the drain, and for what, she asked after she had read it. What was Novak trying to say? What did blowing her cover have to do with the story? It was nothing but a hatchet job. She immediately began to prepare a checklist of things she needed to do to minimize the fallout to projects she was working on. Ever efficient, she jotted down reminders to mask the emotions swirling through her body. Finally, as the enormity of what Novak had done now settled on her, she sat in the corner and wondered aloud if she would still have any friends left after they found out that the person they knew was not her at all but a lie that she lived very convincingly.

Amid the welter of emotions I felt that morning, I tried to understand a particular element of Novak's story.

He cited not a CIA source, as he had indicated on the phone four days earlier, but rather two senior administration sources; I called him for a clarification. He asked if I was very displeased with the article, and I replied that I did not see what the mention of my wife had added to it but that the reason for my call was to question his sources. When we first spoke, he had cited to me a CIA source, yet his published story cited two senior administration sources. He replied: "I misspoke the first time we talked."

A couple of days before Novak's article was published, but after my friend's strange encounter with him, I had received a call from Post reporter Walter Pincus, who alerted me that "they are coming after you."