Behind the Homefront
   Search results for valerie plame: 133 matches
2007-07-02 LIBBY CANNOT REMAIN FREE DURING APPEAL. Former White House aide I. Lewis "Scooter" Libby has lost his bid to stay out of prison while he appeals his convictions for perjury and lying to investigators probing the leak of CIA operative Valerie Plame's identity. A three-judge panel of the federal appeals court in Washington, D.C., said today that Libby had not raised a "substantial question" under federal law that would justify delaying his 2 1/2-year sentence. The decision will likely increase the pressure on President Bush to decide whether to pardon Libby.
— Posted at 2:42 pm  [link]
2007-06-05 LIBBY SENTENCED TO MORE THAN TWO YEARS. I. Lewis "Scooter" Libby was sentenced to 30 months in prison today for perjury, obstruction of justice and lying to investigators about his role in the involvement of the leaking of the identity of CIA operative Valerie Plame, the wife of a Bush administration critic. U.S. District Judge Reggie Walton scheduled a hearing for next week on whether to allow Libby to remain out of prison while he appeals his case. Meanwhile, the court has released letters written to urge leniency for Libby, the former chief of staff to Vice President Dick Cheney. The Smoking Gun has posted some of the letters from officials such as former Defense Secretary Donald Rumsfeld.
— Posted at 1:03 pm  [link]
2007-06-01 PLAME SUES CIA OVER MEMOIR. Valerie Wilson, the CIA operative whose identity was disclosed to the media, is suing the CIA over its refusal to allow her to disclose her service dates in an upcoming memoir. Wilson, who is also known by her maiden name, Valerie Plame, says in the suit that the information is already in the public domain.
— Posted at 11:52 am  [link]
2007-05-30 JUDGE FAVORS DISCLOSING LETTERS AFTER SENTENCING. U.S. District Judge Reggie Walton said in a Tuesday order that he is "inclined to permit at least some form of disclosure" of letters submitted to the court about the sentencing of former White House aide I. Lewis "Scooter" Libby after the hearing has taken place. Walton's order invited media organizations to file legal briefs by the end of today. Libby's lawyers oppose the public release of the letters. Meanwhile, court papers filed by Special Prosecutor Patrick Fitzgerald state that Valerie Plame was indeed a covert agent at the time her identity was leaked to members of the press. The revelation was contained in an unclassified summary of Fitzgerald's memos recommending Libby be sentenced to up to three years in prison.
— Posted at 3:35 pm  [link]
2007-03-16 PLAME TESTIFIES THAT HER IDENTITY WAS "CARELESSLY AND RECKLESSLY" REVEALED. Former CIA Operative Valerie Plame testified before Congress today that government officials "carelessly and recklessly" revealed her undercover status to discredit her husband Joe Wilson, who publicly questioned the administration's case for the war in Iraq.
— Posted at 3:02 pm  [link]
2007-03-12 WAXMAN MIGHT REQUEST TESTIMONY OF ADMINISTRATION OFFICIALS ABOUT CIA LEAK CASE. Rep. Henry A. Waxman (D.-Calif.), chairman of the House Committee on Oversight and Government Reform, may call members of the Bush Administration to testify about their roles in the leak of the name of former CIA agent Valerie Plame.
— Posted at 4:49 pm  [link]
2007-02-21 SCOOTER LIBBY'S FATE NOW RESTS WITH JURY. After closing arguments, a jury will decide whether I. Lewis "Scooter" Libby lied to FBI investigators and a grand jury looking into the possibility that former CIA agent Valerie Plame's covert status was improperly disclosed. The New York Times has put together an excellent graphic on the trial, describing who testified when and to what. Much ink has been spilled over what this case tells us about the state of American journalism, politics and law.
— Posted at 11:16 am  [link]
2007-02-13 TEN JOURNALISTS HAVE TESTIFIED AT LIBBY TRIAL. The jury in Lewis "Scooter" Libby's perjury trial - now in its sixteenth day - has heard the testimony of ten members of the news media. Former New York Times reporter Judith Miller, former Time reporter Matthew Cooper and NBC's Tim Russert have testified for the prosecution; news media witnesses for the defense include the Washington Post's Bob Woodward and Walter Pincus, along with columnist Robert Novak, who revealed former CIA agent Valerie Plame's identity in a 2003 column.
— Posted at 5:23 pm  [link]
2007-01-30 MILLER'S TRIAL TESTIMONY CONTRADICTS LIBBY'S STATEMENTS TO INVESTIGATORS. Former New York Times reporter Judith Miller testified today that she and Lewis ''Scooter'' Libby first discussed the identity of CIA operative Valerie Plame on June 23, 2003; Libby previously told investigators that he first learned of Plame's undercover status on July 10, 2003 from NBC's Tim Russert. Russert is also expected to be called as a prosecution witness in Libby's ongoing perjury and obstruction of justice trial.
— Posted at 4:36 pm  [link]
2007-01-30 JUDITH MILLER SCHEDULED TO TESTIFY IN LIBBY TRIAL TODAY. Former New York Times reporter Judith Miller is set to testify today in the perjury trial of Lewis "Scooter" Libby. Miller has said that she met with Libby three times during the summer of 2003 and that each time, Libby mentioned former CIA operative Valerie Plame. Miller spent 85 days in prison in 2005 for refusing to testify about her conversations with Libby.
— Posted at 11:01 am  [link]
2007-01-29 LIBBY TRIAL SHOWCASES "BACKSTAGE WORLD" WHERE SECRECY RULES ARE IGNORED. While the Bush administration has fervently argued the critical nature of secrecy in national security matters to the public, testimony at the perjury trial of Lewis "Scooter" Libby suggests a "backstage world inside the government" where rules regarding secrecy are frequently ignored. Testimony has revealed that CIA officials were rather casual about revealing former CIA agent Valerie Plame's identity to White House officials, and in turn, White House officials were equally casual in their conversations about Plame with reporters.
— Posted at 1:32 pm  [link]
2007-01-26 AIDE SAYS CHENEY DIRECTED LIBBY'S CONVERSATIONS WITH REPORTERS. Catherine J. Martin, former press aide to Vice President Dick Cheney, testified Thursday at Lewis "Scooter" Libby's perjury trial that Cheney himself dictated "talking points" for both Libby and other staffers to use when talking to reporters about former ambassador Joseph Wilson and his wife, CIA agent Valerie Plame. Martin testified that Cheney personally directed the effort to discredit Wilson through these conversations with reporters.
— Posted at 10:37 am  [link]
2007-01-23 IN OPENING STATEMENT, FITZGERALD SAYS LIBBY DIDN'T GET INFORMATION FROM REPORTERS In his opening statement at I. Lewis "Scooter" Libby's perjury trial today, Special Prosecutor Patrick Fitzgerald alleged that Libby blatantly lied and intentionally destroyed a written note that showed Libby learned about Valerie Plame's identity from Vice President Dick Cheney and not, as Libby told FBI investigators, from reporters. Libby's attorneys plan to argue that Libby didn't lie, but instead merely misspoke because he was so preoccupied with national security matters.
— Posted at 1:44 pm  [link]
2007-01-22 REPORTERS TO TESTIFY FOR PROSECUTION AT LIBBY TRIAL. Reporters from major news organizations will testify for the prosecution at I. Lewis "Scooter" Libby's perjury and obstruction of justice trial in the coming weeks. The reporters are expected to address certain 2003 conversations with Libby, many of which were confidential to some extent, regarding the identity of former CIA agent Valerie Plame.
— Posted at 2:31 pm  [link]
2007-01-05 BOTH SIDES IN LIBBY TRIAL BOTH PLAN TO CALLED JOURNALISTS AS WITNESSES More than ten reporters could be called to testify in the upcoming perjury and obstruction of justice trial of I. Lewis "Scooter" Libby, and it is likely that the reporters will be called as witnesses for both sides. Prosecutors have said that they want to use the journalists' testimony to show that Libby lied to investigators about his conversations about CIA officer Valerie Plame.
— Posted at 12:11 pm  [link]
2006-12-16 JOURNALISTS MAY HAVE ROLE IN UPCOMING LIBBY PERJURY TRIAL. Details are emerging on the role journalists will play in the upcoming perjury trial of I. Lewis "Scooter" Libby. According to the Associated Press, former New York Times reporter Judith Miller and NBC News Washington Bureau Chief Tim Russert are expected to be prosecution witnesses. In court papers, special prosecutor Patrick Fitzgerald also revealed that two unidentified journalists may resist tesityfing, but that the issue would likely be resolved before trial. Fitzgerald has also sought a subpoena for a tape of Washington Post reporter Bob Woodward's interview with Dick Armitage. Armitage recently revealed himself as being the original source of the leak of then-CIA operative Valerie Plame's name.
— Posted at 4:53 pm  [link]
2006-12-04 LIBBY PLANS TO ARGUE HE WAS PREOCCUPIED WITH TERRORISM, DIPLOMATIC CRISES. Unsealed court documents from the I. Lewis "Scooter" Libby perjury trial reveal the sensitive national security issues Libby plans to argue were weighing on his mind in the time frame of his conversations with reporters regarding outed CIA operative Valerie Plame. Among other things, Libby plans to argue he was preoccupied with "the 2003 rise of Palestinian Prime Minister Mahmoud Abbas, a diplomatic crisis in Turkey, the ousting of Liberian President Charles Taylor and the role of the Iraqi military after the fall of Saddam Hussein," according to The Associated Press. These court records also reveal that Libby sought to use 129 classified documents in mounting a defense to charges that he lied to FBI investigators seeking to determine who leaked Plame's identity. In making the argument that he forgot details of the conversations when recounting them to the FBI, the judge will allow Libby to use only those documents that fall on or around the dates he spoke with journalists.
— Posted at 3:51 pm  [link]
2006-09-28 LIBBY'S LAWYERS ARGUE FOR ACCESS TO CLASSIFIED DOCUMENTS. In a private hearing Wednesday, the judge overseeing the I. Lewis "Scooter" Libby perjury case heard arguments from prosecutors not to release sensitive intelligence reports. Libby's defense lawyers have argued the reports will demonstrate any misstatements Libby made to a investigators were due to how busy he was with national security matters around the time he had conversations with journalists about Valerie Plame. The hearing is expected to last into next week.
— Posted at 2:22 pm  [link]
2006-09-14 COLUMNIST NOVAK GIVES \"REAL STORY\" BEHIND ARMITAGE LEAK. Columnist Robert Novak has responded to the public relevation that State Department offical Richard Armitage was the original source for Novak's 2003 column that outed undercover CIA agent Valerie Plame. In today's Chicago Sun-Times , Novak wrote that he wanted "to set the record straight based on firsthand knowledge" and that Armitage has "obscured" the events that led to Novak's infamous 2003 column. "Armitage did not slip me this information as idle chitchat, as he now suggests," Novak wrote. "He made clear he considered it especially suited for my column."
— Posted at 12:18 pm  [link]
2006-09-13 PLAME AND WILSON PLAN TO ADD ARMITAGE AS DEFENDANT IN CIVIL LAWSUIT. Former CIA operative Valerie Plame and her husband Joe Wilson say they plan to include former State Department official Richard Armitage in the civil lawsuit that they originally filed against I. Lewis "Scooter" Libby, Vice President Dick Cheney and Karl Rove in July. The suit alleges that the defendants conspired to reveal Plame's identity to the media. Armitage admitted last week that he was the government official who first disclosed Plame's status as an undercover agent to reporters in 2003.
— Posted at 4:39 pm  [link]
2006-08-29 EX-COLLEAGUE SAYS ARMITAGE WAS SOURCE OF CIA LEAK. The Washington Post reporters today that the leak of information about an undercover CIA employee that provoked a special prosecutor's investigation of senior White House officials came from then-Deputy Secretary of State Richard L. Armitage. Armitage told newspaper columnist Robert D. Novak in the summer of 2003 that Valerie Plame, the wife of a prominent critic of the Iraq war, worked for the CIA, according to a former colleague ata the State Department.
— Posted at 11:16 am  [link]
2006-08-23 STATE DEPARTMENT OFFICIAL MET WITH WOODWARD AROUND TIME OF LEAKS. Richard Armitage, former deputy secretary of state, met with Washington Post journalist Bob Woodward on June 13, 2003 around the same time that Woodward said he learned the identity of CIA officer Valerie Plame, according to The New York Times. The document, a 2003 appointment calendar obtained by the Associated Press in a Freedom of Information Act request, shows the date of Armitage's meeting with Woodward and is "likely to renew suspicion that he was the first official to tell a reporter about the identity of the covert C.I.A. officer at the center of a politically important leak investigation," according to the Times. Upon hearing of this news, Plame is "considering" adding Armitage to her lawsuit "accusing members of the Bush administration of conspiring to leak her identity to the media," according to the AP.
— Posted at 11:37 am  [link]
2006-08-11 Following a federal court order, the CIA has given "short summaries of Vice President Dick Cheney's daily security briefings" to lawyers for Cheney's former chief of staff, I. Lewis "Scooter" Libby, according to The New York Times. Libby, who is accused of perjury, obstruction of justice and lying to the FBI in regards to an investigation into who leaked the identity of CIA agent Valerie Plame, had asked for the briefings to show Libby's that "overwhelming workload" may have caused him to forget his coversations about Plame, according to the Seattle Post-Intelligencer.
— Posted at 4:27 pm  [link]
2006-08-04 LIBBY REQUESTS MEMORY EXPERT. Lawyers for I. Lewis "Scooter" Libby, the former chief of staff for Vice President Dick Cheney who is facing charges on perjury, obstruction of justice and lying to the FBI in regard to his role in the outing of CIA agent Valerie Plame, asked the judge to allow testimony from Dr. Robert Bjork to "demonstrate that any false statements Mr. Libby made during an investigation could have been the result of flaws in his memory," according to The New York Times. "The memory expert, the lawyers said, could also explain why the three principal witnesses for the prosecution, all journalists, may have had faulty recollections."
— Posted at 11:24 am  [link]
2006-07-18 Robert Novak, a Chicago Sun-Times columnist, argued Sunday on Meet the Press that he did not out CIA agent Valerie Plame, according to Editor & Publisher. "I don't think I outed her," he told NBC's Tim Russert. "I think she was outed by Aldridge Aimes before. I don't think she was a, a covert operative." Novak also said made a "misstatement" on a previous appearance on Meet the Press where he said that a "senior official" gave him Plame's name. Now Novak said he got Plame's name from "Who's Who in America," according to E&P .
— Posted at 3:24 pm  [link]
2006-07-14 PLAME SUES OVER OUTING. Former CIA officer Valerie Plame and her husband, ambassador Joseph Wilson, filed suit yesterday against Vice President Dick Cheney, Cheney's former chief of staff I. Lewis "Scooter" Libby, and presidential advisor Karl Rove alleging that they conspired to destroy her career "by leaking her identity as an undercover CIA operative to the press," according to The New York Times.
— Posted at 11:34 am  [link]
2006-07-12 NOVAK EXPLAINS ROLE IN PLAME CASE. Syndicated columnist Robert Novak revealed his sources who told him Valerie Plame's identity as a CIA agent as presidential advisor Karl Rove, CIA public information officer Bill Harlow, and a third source "whose name has not yet been revealed," according to his column in the Chicago Sun-Times. Novak revealed his sources after being told by special prosecutor Patrick Fitzgerald that his investagtion into Novak's role in the leak had been concluded. Harlow, however, has a different memory of his conversation with Novak, saying he told Novak that "if he did write about Wilson's Niger trip, Plame's name should not be revealed," according to the Washington Post.
— Posted at 3:45 pm  [link]
2006-07-05 BUSH ORDERED LEAK OF PLAME'S IDENTITY President Bush told Vice President Dick Cheney to "personally lead an effort to counter allegations made" by ambassador Joseph Wilson by disclosing "highly classified intelligence information that would not only defend his administration but also discredit Wilson," according to sources familar with Bush's testimony before special counsel Patrick Fitzgerald, according to the National Journal. Bush also testified, however, that he never ordered anyone to leak the identity of Wilson's wife, CIA officer Valerie Plame.
— Posted at 5:41 pm  [link]
2006-06-27 TIMES-BASHING. The Washington Post 's Howard Kurtz, who covers the media, says he's never seen Times-bashing like the kind that conservatives are unleashing against the Gray Lady in the wake of its reporting that the administration's secret program monitoring financial records. Kurtz writes: Some of the outside commentary is so over the top that I think those folks would repeal the First Amendment tomorrow if they could. And most of those proclaiming horror at the leaking of classified info were willing to give the White House a pass for the outing of the covert Valerie Plame.
— Posted at 2:47 pm  [link]
2006-06-13 TRUTH SETS ROVE FREE. Despite official statements from White House spokesmen that Karl Rove had nothing to do with the "outing" of CIA agent Valerie Plame in 2003, Rove apparently told the FBI the truth - that he discussed "Plame's CIA employment with conservative columnist Robert Novak," according to The Associated Press. Rove's truthful testimony "saved him from indictment" while the White House's misleading statements saved it "from a political liability during the 2004 presidential campaign," according to AP.
— Posted at 5:36 pm  [link]
2006-06-13 FITZGERALD WILL NOT CHARGE ROVE. Special prosecutor Patrick Fitzgerald, charged with investigating the leak of the identity of CIA operative Valerie Plame, yesterday told presidential adviser Karl Rove that he "would not be charged with any wrongdoing," according to The New York Times. Rove had testified five times before the grand jury as the prosecutor sought to discover whether Rove "tried to intentionally conceal a conversation he had with a Time magazine reporter in the week before" Plame's name became public, according to the Times.
— Posted at 1:52 pm  [link]
2006-05-23 CIA OFFICERS TO TESTIFY AGAINST LIBBY. Special counsel Patrick Fitzgerald says that two CIA officers told I. Lewis "Scooter" Libby, Vice President Dick Cheney's former chief of staff, about CIA agent Valerie Plame "a month before columnist Robert Novak blew her cover in July 2003," according to the New York Daily News. According to Fitzgerald, CIA official Robert Grenier told Libby, who is under indictment for perjury, obstruction of justice and lying to the FBI, about Plame on June 11. CIA official Craig Schmall also talked with Libby about Plame on June 14, according to the Daily News.
— Posted at 4:29 pm  [link]
2006-05-15 NOTES CONNECT CHENEY TO PLAME LEAK. In a brief filed in federal court on Friday, special counsel Patrick Fitzgerald produced evidence that Vice President Dick Cheney was acutely focused on ambassador Joseph Wilson and his wife, CIA agent Valerie Plame, according to The New York Times. Fitzgerald referenced handwritten notes by Cheney stating, among other things, "Or did his wife send him on a junket?" along the margins of a July 6, 2003 Times op-ed by Wilson, which criticized the adiministration's claims that Iraq had attempted to find uranium from Niger, according to Newsweek. The filing "states that "Libby learned of Plame's name from Cheney," according to the Washington Post.
— Posted at 11:29 am  [link]
2006-05-02 LIBBY SEEKS MEDIA NOTES, ARTICLES AND RECORDS. Lawyers for I. Lewis "Scooter" Libby, the former chief of staff for Vice President Dick Cheney, asked a federal judge yesterday to "force several media organizations to turn over e-mails, drafts of news articles and reporters' notes" in order to ensure a fair trial for Libby, according to the Washington Post. Libby, who is facing charges of perjury and obstruction of justice regarding his answers to a grand jury investigation into the leaking of the identity of CIA agent Valerie Plame, claims the evidence is necessary to "help establish his innocence at trial," according to the Post.
— Posted at 4:27 pm  [link]
2006-04-27 ROVE TESTIFIES BEFORE GRAND JURY. Karl Rove, White House Deputy Chief of Staff, testified for the fifth time before a grand jury yesterday with regard to his possible role in the outing of CIA agent Valerie Plame. According to the Washington Post, his testimony focused "on his conversation with Time magazine reporter Matthew Cooper in 2003" and whether he "tried to conceal it." Rove's lawyer, Robert B. Luskin, said that Rove "is not a target in the investigation," according to The New York Times.
— Posted at 11:10 am  [link]
2006-04-26 FITZGERALD MEETS WITH GRAND JURY; ROVE TESTIFIES AGAIN. Today, special counsel Patrick Fitzgerald, charged with investigating the leak of the identity of CIA agent Valerie Plame, made what is believed to be only his second trip before the second grand jury, according to MSNBC. The Associated Press reports that presidential aide Karl Rove is expected to make his fifth appearance before the grand jury today.
— Posted at 12:18 pm  [link]
2006-04-24 FALLOUT FROM CIA FIRING LEAKER. The CIA on Friday fired officer and Africa specialist Mary McCarthy for leaking information to Washington Post reporter Dana Priest about alleged secret CIA-run prisons in Eastern Europe after McCarthy alleged failed a polygraph test, the Post reported. The firing of McCarthy, who, according to The New York Times , was responsible for "guarding some of the nations' most important secrets," has almost immediately become a politcial fight as Democrats compared Republican reaction to McCarthy's leak versus Republican reaction to the leak of the identity of CIA agent Valerie Plame. On ABC's "This Week" on Sunday, Sen. John Kerry (D-Mass.), said that with McCarthy, "you have somebody being fired from the CIA for allegedly telling the truth, and you have no one fired from the White House for revealing a CIA agent in order to support a lie," according to the Post .
— Posted at 10:25 am  [link]
2006-04-20 FITZGERALD KNOWS WHO OUTED PLAME, NOVAK SAYS. According to Robert Novak, special counsel Patrick Fitzgerald knows who outed CIA agent Valerie Plame, but "hasn't acted on the information because Novak's source committed no crime," according to the Chicago Sun-Times .
— Posted at 5:42 pm  [link]
2006-04-13 LIBBY SAYS HE WASN'T ORDERED TO LEAK NAMES. According his grand jury testimony, I. Lewis "Scooter" Libby "did not assert that President Bush or Vice President Cheney instructed him to disclose the name of CIA officier Valerie Plame to reporters as part of an effort to rebut criticism of the Iraq war," Libby's lawyers said in a court filing late yesterday, according to the Washington Post. Libby testified two years ago in special counsel Patrick Fitzgerald's investigation into the leak of Plame's identity to the media.
— Posted at 1:37 pm  [link]
2006-04-13 LIBBY'S LAWYERS WANT BROAD ACCESS TO DOCUMENTS. Due to the prosecution's efforts to explain the roles of President George Bush and Vice President Dick Cheney in "disclosing prewar intelligence on Iraq," lawyers for I. Lewis "Scooter" Libby have argued that they are "entitled to a broad array of classified documents," according to The New York Times story about Libby's court filing late Wednesday. By bringing up these actions, Libby's lawyers said, special counsel Patrick Fitzgerald had "effectively conceded that the case extends far beyond Mr. Libby," according to the Times. Libby has been charged with obstruction of justice and perjury for his answers to Fitzgerald's investigation into the leaking of the identity of CIA agent Valerie Plame.
— Posted at 10:30 am  [link]
2006-04-10 FITZGERALD: WHITE HOUSE CAMPAIGNED TO INJURE BUSH CRITIC. Special Counsel Patrick J. Fitzgerald argued in a court filing Wednesday that President George W. Bush authorized leaks of classified Iraq intelligence as part of a "concerted action" by "multiple people in the White House" to "discredit, punish or seek revenge against" a critic of Bush's war in Iraq, several newspapers reported. I. Lewis "Scooter" Libby's attorney told Washington Post reporters that Fitzgerald's argument does not undermine Libby's claim that he forgot about conversations he may have had with reporters regarding Valerie Plame.
— Posted at 5:34 pm  [link]
2006-04-08 LIBBY SAYS BUSH GAVE GREEN LIGHT TO DISCLOSE CLASSIFIED INFO. Former Vice Presidential Chief of Staff I. Lewis "Scooter" Libby told a federal grand jury that President Bush authorized him to disclose information from a classified National Intelligence Estimate to former New York Times reporter Judith Miller in July 2003, The Washington Post reported. Libby also testified that he did not reveal the status of Valerie Plame as a CIA employee, the Post article stated. Libby's disclosure was an effective declassification, Secrecy News said, but with approval from the President.
— Posted at 3:54 pm  [link]
2006-03-24 LIBBY SUBPOENAS JOURNALISTS. The New York Times , former Times reporter Judith Miller, Time reporter Matt Cooper, and NBC correspondent Tim Russert have been served with subpoenas from lawyers for I. Lewis "Scooter" Libby for "documents concerning the disclosure of an undercover CIA agent's identity," according to the Times. Libby, the former chief of staff to Vice President Dick Cheney, has been charged with perjury and obstruction of justice for his statements in the investigation in the outing of CIA agent Valerie Plame. His subpoenas seek, among other things, "Miller's notes and other materials, including any other documents concerning Plame prepared by Miller and Times columnis Nicholas D. Kristof," according to the Times .
— Posted at 6:15 pm  [link]
2006-03-20 LIBBY BLAMES STATE DEPARTMENT FOR LEAK. According to documents filed in federal court on Friday, lawyers for I. Lewis "Scooter" Libby plan to show that the State Department "bears responsibility for the 'leak' that led to the public disclosure" of CIA agent Valerie Plame, according to the Washington Post . Lewis, the former chief of staff of Vice President Dick Cheney, has been charged with perjury, obstruction of justice and lying to the FBI "about how her learned of Plame's employment and what he told reporters about her," according to the Post.
— Posted at 8:57 pm  [link]
2006-03-13 LIBBY TO RECEIVE REDACTED CIA REPORTS. U.S. District Judge Reggie B. Walton ruled Friday that the government "must provide edited versions of intelligence material" viewed by I. Lewis "Scooter" Libby "during highly classified morning intelligence briefings" held when Libby was chief of staff to Vice President Dick Cheney, according to the Washington Post. Libby, who is facing charges of perjury in the CIA leak case, has said the CIA documents are necessary to show that he was "preoccupied with other pressing issues" and forgot conversations he had involving CIA agent Valerie Plame, according to the Post.
— Posted at 6:23 pm  [link]
2006-03-07 CIA TO FIGHT AGAINST RELEASE OF PRESIDENTIAL BRIEFINGS. A CIA officer told a federal judge that the disclosure of highly classified intelligence presidential briefings to the defense team of I. Lewis "Scooter" Libby - the former chief of staff for Vice President Dick Cheney who is on trial for perjury and obstruction of justice for allegedly lying to investigators about whether he told reporters the identity of CIA agent Valerie Plame - would "damage national security," according to MSNBC. Libby's lawyers requested the documents as a part of their defense strategy to show that Libby was too concerned about national security events to remember if he had told reporters about Plame. Marilyn Dorn, a CIA information review officer, responded to Libby's lawyers request for the documents in a sworn statement filed Friday but released publicly on Tuesday. She indicated that the CIA could not compromise with Libby's attorneys. "Any disclosure," she said, "beyond its intended narrow audience - the president and his most senior advisors - increases the possibility of damage to the national security," MSNBC reported.
— Posted at 5:43 pm  [link]
2006-02-28 CIA NOTES SHOW LIBBY KNEW OF PLAME. I. Lewis "Scooter" Libby knew the name of CIA agent Valerie Plame well before her cover was blown, according to handwritten notes by CIA agents that appear "to be the first known document in the hands of prosecutor Patrick Fitzgerald" that contradict Libby's claim that he learned Plame's identity from reporters in July 2003, according to the New York Daily News. Libby, former chief of staff to Vice President Dick Cheney, has been charged with perjury and obstruction of justice by Fitzgerald. In one of Fitzgerald's recently unsealed briefs, Fitzgerald wrote that a CIA agent has "handwritten notes indicting that Libby referred to 'Joe Wilson' and 'Valerie Wilson' by those names in conversations with the briefer on June, 14, 2003," according to the Daily News.
— Posted at 6:26 pm  [link]
2006-02-27 APRIL DEADLINE FOR MEDIA SUBPOENAS The stage was set on Friday for a possible showdown between journalists and I. Lewis "Scooter" Libby as U.S. District Judge Reggie B. Walton set an April 7 deadline "for recipients of the subpoenas to respond whether they intended to comply with them," according to the Los Angeles Times. Libby's lawyers said the soon plan to subpoena "reporters and news organizations" with regards to their recollection of conversations they had with Libby.

Libby has been charged with perjury and obstruction of justice in regard to special counsel Patrick Fitzgerald's investigation into the leak of the identity of CIA agent Valerie Plame.

— Posted at 4:28 pm  [link]
2006-02-24 LIBBY CONTENDS FITZGERALD IMPROPERLY APPOINTED. Lawyers for I. Lewis "Scooter" Libby, former chief of staff for Vice President Dick Cheney, argued yesterday that the perjury and obstruction of justice charges brought against Libby should be dropped because special counsel Patrick Fitzgerald had been improperly appointed, according to the Washington Post. Fitzgerald, who was assigned to investigate the leak of the identity of CIA agent Valerie Plame, explained in recently unsealed affadavit that he had suspected Libby had lied to investigators becuase "Libby's account of conversations has been largely inconsisten with every other material witness to date," according to the Post.
— Posted at 3:41 pm  [link]
2006-02-24 LIBBY \"PREOCCUPIED WITH MORE SERIOUS MATTERS.\" Lawyers for I. Lewis "Scooter" Libby, former chief of staff for Vice President Dick Cheney, say they need "classified daily briefings prepared for President Bush" to show that Libby, who has been charged with perjury and obstruction of justice, did not intentionally lie to special counsel Patrick Fitzgerald, according to the Washington Post. Instead, Libby's lawyers plan to argue that Libby was "preoccupied with more serious matters" when questioned by Fitzgerald regarding the outing of CIA agent Valerie Plame, according to the Post.
— Posted at 3:30 pm  [link]
2006-02-17 FITZGERALD: LIBBY SEEKING TOO MUCH. According to court papers filed late yesterday, special counsel Patrick Fitzgerald refused I. Lewis "Scooter" Libby's request for additional evidence as "he is not required to give the defense the statements and testimony of reporters who will be called as government witnesses at trial," according to The New York Times . In addition, Fitzgerald said Libby is seeking access to "information that would threaten national security, grand jury secrecy and presidential executive privilege," according to the Times. Fitzgerald charged Libby, the former chief of staff to Vice President Dick Cheney, with perjury and obstruction of justice for Libby's answers to questions regarding the outing of CIA agent Valerie Plame.
— Posted at 11:35 am  [link]
2006-02-14 LIBBY WAS ORDERED TO LEAK CLASSIFIED INFORMATION. I. Lewis "Scooter" Libby, the former chief of staff for Vice President Dick Cheney, claimed he was "authorized by his 'superiors' to disclose classified information to reporters about Iraq's weapons capability," in his testimony before a grand jury, according to a The New York Times report of a document filed by special counsel Patrick Fitzgerald. Fitzgerald has charged Libby with perjury and obstruction of justice for Libby's answers to the grand jury during Fitzgerald's investigation into the leak of the identity of CIA agent Valerie Plame. The document released last week seems "to be a part of an effort by the prosecutor to demonstrate that Mr. Libby was engaged in using secret information to press the administration's case at the same time that [Plame's] identity was leaked to reporters."
— Posted at 5:42 pm  [link]
2006-02-07 ADMINISTRATION WANTED PLAME OUTED. According to former TIME magazine reporter John Dickinson, two "senior" administration officials told him to ask the CIA who sent ambassador Joe Wilson to Africa because they "knew exactly the answer I'd find." The person turned out to be Wilson's wife, CIA agent Valerie Plame, according to an article by Dickison on Slate . "Yet they were really careful not to let the information slip, which suggested that they knew at the time Plame's identity was radioactive," Dickinson wrote. The outing of Plame as a CIA agent led to the special counsel Patrick Fitzgerald's investigation into the leak and has, so far, netting indictments on I. Lewis "Scooter" Libby, former chief-of-staff to Vice President Dick Cheney, for perjury and obstruction of justice.
— Posted at 6:39 pm  [link]
2006-02-06 CIA SOUGHT TO PROTECT PLAME\'S IDENTITY. Newly released sections of Judge David S. Tatel's concurring decision denying New York Times reporter Judith Miller's reporter's privilege claim - a decision which helped send Miller to prison - shows that the CIA "was making specific efforts to conceal" Valerie Plame's covert identity, according to Newsweek. Lawyers for I. Lewis "Scooter" Libby, the vice president's former chief of staff who is charged with perjury and obstruction of justice, had questioned whether Plame had covert status within the CIA.
— Posted at 12:10 pm  [link]
2006-02-01 LIBBY\'S DEFENSE EMERGES. Lawyers for I. Lewis "Scooter" Libby, the former chief of staff for Vice President Dick Cheney, suggested their defense strategy in papers filed yesterday, according to The New York Times. Libby, who was charged with perjury and obstruction of justice by special counsel Patrick Fitzgerald after Fitzgerald's investigation into the leak of the identity of CIA agent Valerie Plame, plans to argue that if his "statements to Fitzgerald were untrue, it was a case of innocent confusion or faulty memory," according to the Times. In addition, Libby's lawyers have also asked the court for CIA records which would indicate whether or not Plame's employment was classified, according to the Washington Post. In addition, they want information from the CIA about whether the leak of Plame's identity "damaged national security of agency operations."
— Posted at 11:58 am  [link]
2006-01-24 LIBBY TO ASK FOR SECRET EVIDENCE. Lawyers for I. Lewis "Scooter" Libby filed a request on Monday to use classified evidence at his trial, according to MSNBC.com. Libby, a former top aide to Vice President Dick Cheney, is charged with perjury and obstruction of justice for his actions during special counsel Patrick Fitzgerald's investigation into the leak of the covert identity of CIA agent Valerie Plame.
— Posted at 1:50 pm  [link]
2006-01-23 LIBBY TO SUBPOENA JOURNALISTS. The lawyers for I. Lewis "Scooter" Libby, a former top aide to Vice President Dick Cheney, announced to a federal judge on Friday that they plan to subpoena journalists "for documents they may have related to the leak of a CIA operative's name," according to the Washington Post . Libby was charged with perjury and obstruction of justice by special counsel Patrick Fitzgerald in connection with Fitzgerald's investigation into the leak of the identity of CIA operative Valerie Plame.
— Posted at 4:16 pm  [link]
2005-12-14 NOVAK: BUSH KNOWS SOURCE OF CIA LEAK. Columnist Bob Novak, speaking at a luncheon at the John Locke Foundation in Raleigh on Tuesday, said "I'm confident the president knows who the source is. I'd be amazed if he doesn't," according to the Raleigh News & Observer . "Don't bug me," Novak said. "Don't bug Bob Woodward. Bug the president as to whether he should reveal who the source is." Novak first revealed that Valerie Plame, wife of ambassador Joseph Wilson, was a CIA agent. His revealation led to the investigation by special counsel Patrick Fitzgerald into who leaked the Plame's identity to the media. This investigation has led to the indictment of I. Lewis "Scooter" Libby, chief aide to Vice President Dick Cheney, for perjury and obstruction of justice. The investigation appears to be ongoing as Fitzgerald has since presented further evidence to another grand jury.
— Posted at 10:21 am  [link]
2005-12-08 NOVAK DEPOSED BY FITZGERALD. Time Magazine reporter Viveca Novak gave sworn testimony today before special counsel Patrick Fitzgerald regarding conversations she had with Robert Luskin, attorney for White House Deputy Chief of Staff Karl Rove, according to CNN. Fitzgerald is investigating the leaking of the covert identity of CIA agent Valerie Plame.
— Posted at 3:43 pm  [link]
2005-12-07 FITZGERALD APPEARS BEFORE NEW GRAND JURY. Special prosecutor Patrick Fitzgerald presented evidence to a new grand jury today, according to the Washington Post. Today's presentation was the first time Fitzgerald had gone to a grand jury since the Oct. 28 indictment of I. Lewis "Scooter" Libby, chief of staff for Vice President Dick Cheney, on charges of perjury and obstruction of justice. Fitzgerald is considering additional charges in his investigation over the leaking of the identity of CIA agent Valerie Plame in 2003.
— Posted at 3:02 pm  [link]
2005-12-06 EIGHT-PAGE MYSTERY. Special prosecutor Patrick Fitzgerald told the U.S. Court of Appeals for the District of Columbia in a motion filed on Friday that he had no objection to the unsealing of parts of eight redacted pages of Judge David S. Tatel's Feb. 15 concurring opinion, according to The New York Times. Tatel's decision ruled that the testimony of New York Times reporter Judith Miller and Time Magazine reporter Matthew Cooper was needed to determine if a crime had been committed in identifying Valerie Plame as a CIA agent. However, Fitzgerald did object to unsealing other parts of the analysis. Theodore Boutrous, the lawyer for Dow Jones Co., which filed a motion asking for the eight pages to be unsealed, said, "We are hopeful we can persuade the court to release the rest," according to the Times .
— Posted at 1:36 pm  [link]
2005-11-28 SECOND TIME REPORTER TO TESTIFY. Viveca Novak, a reporter for Time Magazine, has been asked to testify by special prosecutor Patrick Fitzgerald regarding her conversations with Robert D. Luskin, a lawyer for presidential advisor Karl Rove. The request shows that Fitzgerald, who has continued to investigate the leak of CIA agent Valerie Plame's identity to the press, "has not completed his inquiry into Mr. Rove's actions and may still be considering charges against him," according to The New York Times.
— Posted at 10:48 am  [link]
2005-11-18 NEW GRAND JURY FOR FITZGERALD. Special prosecutor Patrick Fitzgerald stated in court filings that his investigation "will involve proceedings before a different grand jury than the grand jury which returned the indictment" against I. Lewis "Scooter" Libby on Oct. 28, according to The Washington Post . The new grand jury could mean Fitzgerald is considering filing additional charges in his investigation into the leak of the identity of CIA agent Valerie Plame. So far, he has only charged Libby with perjury.
— Posted at 4:24 pm  [link]
2005-11-16 LIBBY TO SEEK TESTIMONY FROM JOURNALISTS. Lawyers for I. Lewis "Scooter" Libby indicated yesterday that they intend to "seek testimony from journalists beyond those cited in the indictment and will probably challenge government agreements limiting their grand jury testimony," according to The New York Times . Libby, who was indicted in late October on charges of perjury regarding Special Prosecutor Patrick Fitzgerald's investigation into the leak of the identity of CIA agent Valerie Plame, looks to "pursue aggressively access to reporters' notes," according to the Times article.
— Posted at 2:21 pm  [link]
2005-11-05 LIBBY TO RAISE FIRST AMENDMENT ISSUES. I. Lewis "Scooter" Libby, indicted last week on charges of perjury and obstruction of justice charges, pled not guilty to those charges on Thursday. Libby's lawyers suggested that they plan to raise First Amendment issues in his defense, according to The New York Times. Libby was indicted by special prosecutor Patrick Fitzgerald in his investigation into the leak of the identity of C.I.A. agent Valerie Plame. "The lawyers would not expand on their strategy, but legal analysts said the defense might be planning to seek access to reporters' notes regarding the leaking of a C.I.A. officer's identity, setting the stage for another round of confrontations with journalists who have proved central to the investigation," the Times reported.
— Posted at 12:22 pm  [link]
2005-10-31 FULL INVESTIGATION REPORT WILL NOT BE RELEASED. Special Prosecutor Patrick Fitzgerald's full report on the investigation of the leak of CIA agent Valerie Plame's identity will remain secret, according to a letter from his office to four Democratic House members, a Washington Post blogger reported. The investigatory records, which led to a five-count indictment for the Vice President's Chief of Staff, I. Lewis "Scooter" Libby, may not be released in full because they are part of a grand jury investgation, Fitzgerald said.
— Posted at 10:13 am  [link]
2005-10-28 FITZGERALD: SUBPOENA REPORTERS ONLY IN \"EXTRAORDINARY\" CASES Special prosecutor Patrick Fitzgerald said "I do not think reporters should be subpoenaed anything close to routinely. It should be an extraordinary case," in his press conference today about his investigation into the leak of the identity of CIA agent Valerie Plame, according to the Washington Post. "We then, when we issued the subpoenas, we thought long and hard before we did that. And I can tell you, there's a lot of reporters whose reporting and contacts have touched upon this case that we never talked to," Fitzgerald added.
— Posted at 5:20 pm  [link]
2005-10-21 LEAK INVESTIGATION FOCUSED ON ROVE, LIBBY. According to The New York Times, top presidential aide Karl Rove and the top aide to Vice President Dick Cheney, Lewis "Scooter" Libby, may be "in serious legal jeopardy." In addition, Reuters has reported that special prosecutor Patrick Fitzgerald, investigating the leak of CIA agent Valerie Plame's identity, "appears likely to bring charges next week."
— Posted at 5:27 pm  [link]
2005-10-17 ROVE TESTIFIES AGAIN. Karl Rove, President George Bush's top political advisor, testified Friday for the fourth time during special prosecutor Patrick Fitzgerald's investigation into the leak of CIA agent Valerie Plame's identity. "Zachary Carter, a former U.S. Attorney in New York, said any time an official testifies multiple times "there's always the risk that they may be perceived as having testified inconsistently," according to Reuters.
— Posted at 4:03 pm  [link]
2005-10-13 CONTEMPT FINDING LIFTED. New York Times reporter Judith Miller completed her testimony about her coversations with Lewis "Scooter" Libby, a top aide to Vice President Dick Cheney, regarding the identity of CIA agent Valerie Plame. After her tesitmony, Judge Thomas F. Hogan lifted the contempt finding against Miller. Miller spent 85 days in prison under the contempt finding for refusing to testify to special prosecutor Patrick Fitzgerald and his investigation into the leak.
— Posted at 1:16 pm  [link]
2005-10-11 LAWYERS PREPARING FOR ESPIONAGE ACT CHARGES. Special prosecutor Patrick Fitzgerald may be looking into charging leakers in the Valerie Plame outing with the Espionage Act, according to TIME Magazine. "Fitzgerald would face fewer hurdles proving a case under the statute, which bars transmitting 'information relating to the national defense' to anyone not entitled to receive it, than under the more exacting Intelligence Identities Protection Act."
— Posted at 8:12 pm  [link]
2005-10-11 MILLER DISCOVERS NOTES FROM EARLIER MEETING WITH LIBBY. New York Times reporter Judith Miller has discovered notes from a June 23, 2005 meeting with I. Lewis "Scooter" Libby that Libby mentioned Joseph Wilson, husband of outed CIA agent Valerie Plame, according to Reuters. The discovery is important because, according to Newsweek reporter Michael Isikoff in an Editor and Publisher story, "Wilson's identity was not yet public." The discovered notebook could mean that Libby was the original source of the Plame leak.
— Posted at 8:05 pm  [link]
2005-10-07 FITZGERALD MAY CALL MILLER BACK FOR MORE TESTIMONY. The New York Times has reported that special prosecutor Patrick Fitzgerald may have more questions for Times reporter Judith Miller and has asked to meet with her next Tuesday. Fitzgerald reportedly has more questions about Miller's conversations with I. Lewis "Scooter" Libby regarding the leak of the identity of CIA agent Valerie Plame.
— Posted at 11:40 am  [link]
2005-10-04 TATE: LIBBY CLEARED MILLER TO TALK OVER A YEAR AGO. Joseph Tate, the lawyer for I. Lewis "Scooter" Libby, claimed that reporter Judith Miller and her lawyers were to blame for her incarceration, according to a story in the Washington Post. He stated that Libby had given Miller a voluntary, uncoerced waiver over a year ago to reveal him as the confidential source she talked to about the identity of CIA operative Valerie Plame. Miller's attorney, Floyd Abrams, disputes this version and has stated that he agreed to give up her source only after obtaining a personal and voluntary waiver from Libby. According to Abrams, Tate had told him the earlier waiver was coerced because "Libby was required to sign it as part of his government employment," according to the Post . Patrick Fitzgerald, the special prosecutor investigating the leak of Plame's identity, said in a letter earlier in the year that he thought Libby "deliberately failed to intervene" because "it would not be in his best interest," according to a story in The New York Sun. However, the letter also said the Fitzgerald later suspected the problem might be "a misunderstanding between attorneys," according to the Sun.
— Posted at 2:09 pm  [link]
2005-10-03 LAWYERS DISPUTE DETAILS OF MILLER DEAL. Joseph Tate, the lawyer for Lewis "Scooter" Libby disputes claims made by Judith Miller and her lawyer, Floyd Abrams, regarding the nature of the waiver Libby had given Miller to testify. Miller agreed to testify only after Libby assured her that he was not coerced into waiving his confidentiality as her source in the outing of Valerie Plame as a CIA agent. In a letter written to Miller last month, Libby expressed surprise that he needed to repeat "the waiver of confidentiality that I specifically gave your counsel over a year ago," according to Time Magazine. "The assertion by Libby's team that he had been giving her the green light all along brought a quick rebuttal from [Abrams]. In a letter to Libby's lawyers to 'set the record straight,' Abrams argued that until recently, the waiver offered by Libby's lawyers always amounted to a reference to the previously signed waiver that Miller considered 'coerced.' That position, Abrams said, led Miller's team to assume that Libby wasn't really keen on seeing Miller testify, no matter what Libby's lawyers implied - a hesitation that gave Miller pause. 'He didn't call. He didn't write,' said Abrams on MSNBC. After a while, 'you draw certain conclusions,'" according to a Time story.
— Posted at 2:31 pm  [link]
2005-09-22 FITZGERALD: DOCUMENT RELEASE WOULD INTERFERE WITH INVESTIGATION. Patrick Fitzgerald, special counsel investigating the leak of CIA operative Valerie Plame's identity, warned the Justice Department that producing documents and holding hearings would impede his investigation, according to a September 14 letter the Justice Department sent to House Intelligence Committee chairman Rep. Peter Hoekstra of Michigan. The letter, according to Reuters, advised the Comittee to block legislation to compel the administration to turn over documents relating to the case. Last week, House Republicans on the House Intelligene Committee rejected the proposed legislation, following party-line rejections of similiar bills in the House Judiciary and International Relations Committees.
— Posted at 11:07 am  [link]
2005-09-15 CONGRESSIONAL REPUBLICANS OPPOSE OPENING RECORDS IN PLAME CASE. House Republicans rejected two resolutions that would have ordered the State and Justice Departments to reveal all documents relating to outed CIA operative Valerie Plame, according to Reuters. Through straight party-line voting, Republicans on the House Judiciary Committee and International Relations Committee defeated separate Democrat-backed proposals to turn over the documents. Democrats decried the voting as politically motivated while Republicans felt Congress should wait until the outcome of the federal investigation, which "could be wrapped up within weeks," according to the Reuters story.
— Posted at 6:01 pm  [link]
2005-09-12 PROBE FOR CIA LEAK MAY BE NEARING END. The investigation looking into the source who leaked CIA operative Valerie Plame's identity may be coming to an end, according to a Reuters story. Sources involved in the investigation say that the "inquiry could be wrapped up within weeks." In this investigation, Chief U.S. District Judge Thomas Hogan jailed New York Times reporter Judith Miller for refusing to reveal her source. Miller's sentence will continue until she testifies or until the end of the grand jury's term, which should last into October. In addition, special counsel Patrick Fitzgerald, a Justice Department prosecutor, could threaten Miller with a longer sentence under criminal contempt charges.
— Posted at 4:29 pm  [link]
2005-08-24 CONTACTS BETWEEN REPORTERS AND SOURCES AS CRIMINAL \"OVERT ACTS.\" While the news media have been worrying this summer about the Valerie Plame leak investigation, a potentially far more dangerous threat to the press has emerged in a federal criminal indictment that lists contacts between reporters and sources as "overt acts" in an alleged conspiracy to commit espionage, according to Washington Post columnist David Ignatius. The case involves two former officials of a pro-Israel lobbying group, Steven Rosen and Keith Weissman, and their alleged dissemination of classified information that they received from a former Defense Department analyst named Lawrence Franklin. The Aug. 4 indictment charged that the three disclosed secret information about U.S. policy toward Iran and terrorism to an unnamed foreign power, identified by sources as Israel. If the prosecution succeeds, Ignatius says, it could change the way business is done in Washington.
— Posted at 5:31 pm  [link]
2005-08-12 DESPITE CRITICS\' CLAIMS, NAMING PLAME COULD BE A CRIME. According to a Los Angeles Times op-ed by former federal prosecutor Elizabeth de la Vega, the disclosure of undercover CIA operative Valerie Plame's identity may have been a crime. wo authors of the Intelligence Identities Protection Act -- the statute supposedly violated when Plame was identified to reporters -- and other critics have said that revealing her identity could not have violated the act. According to de la Vega, the statute only requires that for the government officials who supplied the leak to have committed a crime, they must have intentionally identified her knowing that the government was trying to keep her covert. The law does not require prosecutors to prove that the leakers intended to harm Plame, as critics have contended.
— Posted at 3:33 pm  [link]
2005-07-19 POSSIBLE CRIMINAL CHARGES FOR MILLER. New York Times reporter Judith Miller could face criminal contempt of court charges and a longer stay in jail, The Washington Post reports. She is currently imprisoned for refusing to reveal her confidential sources to the federal grand jury investigating who leaked undercover CIA operative Valerie Plame's identity to columnist Robert Novak. If she continues to refuse to testify, her current civil contempt sentence will last until the grand jury expires in October, but a criminal contempt sentence could last much longer.

CNN has dismissed calls to fire Novak, who revealed Plame's identity in a Chicago Sun-Times column, as premature, the Post reports. "No one really knows what's going on in the investigation of the Valerie Plame incident," CNN President Jonathan Klein said. "It would be awfully presumptuous of us to take steps against a guy and his career based on second, third, fourth-hand reporting." President Bush has qualified a pledge to fire whoever leaked Plame's identity following the revelation that his chief advisor Karl Rove leaked it to Time magazine reporter Matthew Cooper, Yahoo! News reports. Rove's role was revealed when Cooper testified before the grand jury and revealed his testimony in a Time column. Bush now says that he will fire the leaker if hecommitted a crime. Rove's attorney has said Rove broke no law in speaking to Cooper.

— Posted at 2:14 pm  [link]
2005-07-07 NEWSPAPERS SPEAK OUT ON JUDITH MILLER JAILING. "This is a proud but awful moment," The New York Times wrote in support of its reporter, Judith Miller, who was jailed yesterday for refusing to disclose her confidential sources to the grand jury investigating the leak of CIA operative Valerie Plame's identity to columnist Robert Novak. "Responsible journalists recognize that press freedoms are not absolute and must be exercised responsibly. This newspaper will not, for example, print the details of American troop movements in advance of a battle, because publication would endanger lives and national security. But these limits cannot be dictated by the whim of a branch of government, especially behind a screen of secrecy."

"Freedom of the press and the public's right to know are under attack," wrote the San Francisco Chronicle. A "frightening attack on press freedom," wrote the Des Moines Register. The Detroit News called her jailing "unnecessary and vindictive" and said it "strikes at the heart of the news gathering process." The San Jose Mercury News accused Special Prosecutor Patrick J. Fitzgerald of "excessive prosecutorial zeal." "The terrible irony is that Ms. Miller, who is accused of no crime, may be the only person who goes to jail in this tangled affair," wrote The Miami Herald. The Seattle Post-Intelligencer wondered "Does (Robert) Novak enjoy his own personal shield for being a White House toady?" "It's an ugly, squalid bit of business over a case that likely doesn't even deserve to be a 'case,'" wrote the Boston Herald.

Not all newspaper editorials were so supportive, however. The (Louisville, Ky.) Courier-Journal wrote that "If protecting the anonymity of sources is a virtue, so also is abiding by the final decisions of the courts, however misguided they may be." The (Madison, Wisc.) Capital Times called Miller "one of the worst reporters ever to write for a major American newspaper," but nontheless wrote that "the desire to punish the Bush administration, or Miller, for past wrongs cannot justify the removal of the essential right - and responsibility - of reporters to protect the identity of their confidential sources." Almost all of the editorials agreed, however, that Miller's jailing underscores the need for a federal reporter's shield law. "[T]he legal authority that Mr. Fitzgerald relies on must change," wrote The Washington Post. The Milwaukee Journal Sentinal said that "Ulitmately, the solution is a federal shield law."

— Posted at 12:50 pm  [link]
2005-07-06 PLAME SOURCE NAMED? MSNBC analyst Lawrence O'Donnell has revealed that Matt Cooper's source in the Valerie Plame invastigation is senior Bush advisor Karl Rove, Editor & Publisher reports. On his Huffington Post blog, O'Donnell wrote he had known the source for months but kept quiet to avoid being called before the grand jury. "I have had it reconfirmed by yet another highly authoritative source," he wrote. Rove's attorney, Robert Luskin, denies that Rove is Cooper's source, according to The Washington Post.
— Posted at 11:09 am  [link]
2005-07-01 FLAK FOR NOVAK. Columnist Bob Novak, who first revealed the identity of CIA agent Valerie Plame, has remained silent on his role in the ensuing grand jury investigation into who leaked it to him, much to the consternation of many other journalists. "I just can't figure it out. "Why in the world is New York Times reporter Judith Miller headed to jail next week while my Sun-Times colleague Robert Novak is not? Why is a reporter who has written not one single word about a CIA operative about to be sent to the federal slammer while another reporter, the one who actually broke the story, isn't in similar trouble?" wrote Chicago Sun-Times columnist Carol Marin. Novak has refused to even discuss whether he has been subpoenaed in the case. Novak's disclosure and his continuing silence are helping no one, wrote Jonathan Turley of the Los Angeles Times. Novak told The New York Times that he is dissapointed that two reporters face jail for refusing to disclose their sources in the investigation, and promised to reveal his role in a column once the investigation is complete.
— Posted at 4:10 pm  [link]
2005-07-01 ONLY TIME WILL TELL. Over reporter Matthew Cooper's objection, Time Inc. has decided to comply with a subpoena and turn over notes to the grand jury investigating the leak of CIA agent Valerie Plame's identity, The Washington Post reports. After the U.S. Supreme Court declined to hear Time , Cooper and New York Times reporter Judith Miller's appeals of contempt citations for refusing to divulge their confidential sources, Time editor Norman Pearlstine said in a press release, "The same constitution that protects the freedom of the press requires obedience to final decisions of the courts." Many have taken issue with Time's rationale, the L.A. Times reported, arguing that Time could have still shown respect for the law by accepting the punishment of being held in contempt. "Every time a reporter who has promised confidentiality to a source then hands over his or her notebooks or other materials involving that source to a government agency, the press - the entire press in this country - gets weaker. It creates a precedent and renders us less able to deliver independent information to the public. It's as simple as that," Sydney Schanberg wrote in the Village Voice. "It is a corporate response," Jane Kirtley, professor of media ethics and the law at the University of Minnesota told the L.A. Times. "It sends a message to judges and prosecutors seeking journalists' testimony that a fine may be a very effective way to overcome the scruples of a news organization." But Pearlstine told The New York Times that he made the decision on his own without pressure from the Time 's corporate owners.
— Posted at 4:07 pm  [link]
2005-06-29 CONFIDENTIAL SOURCE SAYS TIME MIGHT TALK ABOUT CONFIDENTIAL SOURCE. Editor & Publisher reports that, according to "a source close to Time Inc.," the company is considering handing over documents that will reveal who leaked undercover CIA operative Valerie Plame's identity to reporters. New York Times reporter Judith Miller and Time magazine reporter Matthew Cooper are facing up to 18 months in jail for refusing to reveal thier confidential sources to a grand jury investigating the leak, and Time is facing a $1000-a-day fine. Cooper and a Time representative declined to comment. Time attorney Ted Olson said that "decisions have not been made in terms of what Time will do if the judge reaffirms the order. Both Time and Matt Cooper are reserving judgment on what they will do. There is no point in making a decision before it is necessary." Miller has repeatedly said she will go to jail rather than reveal her source.
— Posted at 12:45 pm  [link]
2005-06-29 NO REVIEW OF REPORTER\'S PRIVILEGE. The U.S. Supreme Court won't hear the appeal of two reporters who have been ordered to jail for refusing to testify about their confidential sources, reports The Washington Post, The Baltimore Sun, BBC News, Newsday, USA Today, The Wall Street Journal and a host of others. According to The New York Times , this decision is yet another indication of a new judicial hostility to an independent press. Matthew Cooper of Time magazine and Judith Miller of The New York Times were subpoenaed to testify in the grand jury investigation into who leaked undercover CIA operative Valerie Plame's identity to columnist Robert Novak, possibly in retaliation for Plame's husband, former Ambassador Joseph Wilson, criticizing the Bush administration's justification for invading Iraq. Miller and Cooper refused to answer questions about their sources on the leak and were held in contempt, while Novak has remained silent about his participation in the investigation. The sentence was stayed pending appeals, but now Miller and Cooper must go back before U.S. District Judge Thomas F. Hogan, who may send them immediately to jail, the Los Angeles Times and Editor & Publisher report. According to Salon, Miller and Cooper hope to be able to convince Hogan and Special Prosecutor Patrick J. Fitzgerald that the subpoenas should be dropped because the release of Plame's identity to Novak was likely not a crime. They appear before Hogan today.

"I am extremely disappointed. Journalists simply cannot do their jobs without being able to commit to sources that they won't be identified," Miller said in a statement. She has also launched a Website, judithmiller.org, to call attention to the case. "The government had every right to investigate whether a crime might have been committed ... But in the process, it did more harm than good when the prosecutor inexplicable switched gears and began threatening to punish Ms. Miller and Mr. Cooper for declining to reveal whom they had spoken to in confidence about the Plame case," The New York Times wrote in an editorial. Wilson blames a lack of cooperation by the White House. "That two reporters may now have to go to jail is a direct consequence of President Bush's refusal to hold his administration accountable," he told Editor & Publisher. In an editorial, The Orange County Register wrote that the court's decsion not to hear the case makes it more urgent for Congress to pass a federal reporter's shield law. The Los Angeles Times however, editorialized that reporters should not have an absolute privilege to refuse to testify, and that the solution is for Novak or the leaker to come forward, or for Fitzgerald to drop the investigation.

— Posted at 12:38 pm  [link]
2005-05-02 DIVIDE TO CONQUER. Subpoenaed reporters Matthew Cooper and Judith Miller are now pursuing separate appeals to the U.S. Supreme Court in order to present more varied arguments, Editor & Publisher reports. Miller and Cooper are appealing court orders to testify about their confidential sources in the grand jury investigation into who leaked undercover CIA agent Valerie Plame's identity to columnist Bob Novak. Former U.S. Solicitor General Ted Olson is now representing Cooper in the appeal, while Floyd Abrams continues to represent Miller. "For us to be able to file petitions of appeal to the Supreme Court from not one but two of the nation's great lawyers -- Floyd Abrams and Ted Olson -- and their teams is an incredible one-two punch," Cooper told E&P in an e-mail. "Why wouldn't you want to double your strength and arguments at this important moment?" Olson speculated that he will base Cooper's defense on a reporter's privilege based in the common law and the federal rules of evidence, while Abrams will argue for the traditional privilege rooted in the First Amendment. Briefs asking the Court to hear the case will be filed later this month, and if accepted, it could be heard and decided before the Court ends its current session in June.
— Posted at 5:57 pm  [link]
2005-04-25 ONLY SLIGHTLY BEHIND THE THIRD WORLD. In a column in the Los Angeles Times, Floyd Abrams, attorney for reporters Judith Miller and Matthew Cooper in the Valerie Plame investigation, points out that when it comes to protecting journalists from revealing confidential sources, the U.S. lags behind much of the world. "This is a sad and ironic moment in the history of free speech," Abrams wrote. "What's ironic is that most other democracies have learned enough from the United States about the critical importance of free-speech protections that they know better than to punish journalists for keeping their promises."
— Posted at 5:20 pm  [link]
2005-04-19 DEMS DEMAND GONZALES GIVE PLAME PROGRESS. CNN reports that the nine Democratic members of the House of Representatives Intelligence Committee have asked Attorney General Alberto Gonzales to explain why no charges have been brought in the investigation into who leaked undercover CIA agent Valerie Plame's identity to the news media. An April 14 letter to Gonzales expressed "grave concern" that "Nearly two years have elapsed, and nobody has been held accountable for this serious violation of law." Gonzales, who handled the Bush administration's response to the investigation while serving as White House counsel, recused himself from the case upon being appointed as Attorney General. Gonzales responded to the representatives that special prosecutor Patrick Fitzgerald is "proceeding on a basis that he thinks is appropriate and that at the appropriate time the matter will come to a head." Fitzgerald noted in court documents filed earlier this month that the investigation is essentially complete except for the questioning of reporters Matthew Cooper and Judith Miller, who are fighting Fitzgerald's attempts to reveal their confidential sources.
— Posted at 6:24 pm  [link]
2005-04-19 SUPREME COURT MAY BE NEXT STOP FOR PLAME CASE. The U.S. Court of Appeals in Washington, D.C., declined to rehear the case of two reporters held in contempt for refusing to reveal their confidential sources to the grand jury investigating the leak of undercover CIA agent Valerie Plame's identity, Reuters reports. In February, a three-judge panel of the court ordered Judith Miller of The New York Times and Matthew Cooper of Time magazine to testify in the investigation under subpoenas issued by special prosecutor Patrick Fitzgerald. The only remaining avenue of appeal is for the U.S. Supreme Court to agree to hear the case. Both Miller and Cooper have previously said that they would appeal to the high court.
— Posted at 6:11 pm  [link]
2005-04-15 ABRAMS WEIGHS IN, BUSH BOWS OUT. Judith Miller and Mattew Cooper's attorney in the Valerie Plame investigation, Floyd Abrams, believes that the U.S. Supreme Court is likely to rule in favor of reporters' ability to protect confidential sources if it agrees to take the case, Editor & Publisher reports. At panel discussion on freedom of information at the American Society of Newspaper Editors conference in Washington, D.C., Abrams said, "I think there are six positive votes and three not positive. I would say our chances are better of getting something good out of the court than having the court take it. I think the very interest in the case has been very helpful." At least four justices must vote to accept the case for the court to hear it, and Abrams did not identify which justices he thought would vote to accept or decline the case. At a Q&A after a speech a few hours later at the conference, when asked whether he thought Miller and Cooper should have to testify, President Bush answered "Why don't we let the courts decide." Bush said, "You think I'm going there, you're crazy. I'm not going to talk about it. We are all under the microscope on this issue."
— Posted at 7:07 pm  [link]
2005-04-06 PLAME PROBE NEARLY COMPLETE. Newsday reports that according to court documents recently filed by special prosecutor Patrick J. Fitzgerald in the Valerie Plame investigation, the only thing left to be completed is the questioning of reporters Matthew Cooper and Judith Miller. Miller and Cooper are appealing contempt citations for refusing to testify in the investigation about their confidential sources. In two motions filed in in the U.S. Court of Appeals in Washington, D.C., Fitzgerald disclosed that his investigation has been "for all practical purposes" complete since October, and that only the reporters' refusal to testify is holding up the probe's final conclusions. "It's hard for me to believe that everything or almost everything is dependent on their testimony," Miller's and Cooper's attorney Floyd Abrams said.
— Posted at 10:17 am  [link]
2005-03-24 NEXT STEP IN PLAME CASE. Editor & Publisher reports that the U.S. Court of Appeals in Washington, D.C. has been asked to re-consider its decision to force two reporters to reveal their confidential sources in the Valerie Plame investigation. A three-judge panel of the court ruled Feb. 15 that the reporters must disclose to a federal grand jury who leaked Plame's identity as an undercover CIA agent. "We are arguing that the three-judge panel erred in [saying] there was no First Amendment protection for these journalists," Floyd Abrams, attorney for New York Times reporter Judith Miller and Time magazine reporter Matthew Cooper, said. "They also erred in concluding that there was no federal common law protection. Since 49 states provide protection, the federal courts should adopt a similar rule." Thirty-six major news organizations and press groups, including the Reporters Committee for Freedom of the Press, filed a friend-of-the-court brief in support of the re-hearing, arguing that there is "ample evidence . . . to doubt that a crime has been committed" in revealing Plame's identity, The Washington Post reported.
— Posted at 11:26 am  [link]
2005-02-25 PLAME GAME GETS ANOTHER NAME. Editor and Publisher reports that two House Democrats have asked special prosecutor Patrick Fitzgerald to subpoena reporter James Guckert in the Plame investigation. Guckert reported for conservative Web sites under the pseudonym "Jeff Gannon" and drew criticism for asking President Bush loaded and innacurate questions at press conferences. Reps. John Conyers (D-Mich.) and Louise Slaughter (D-N.Y.) believe that Guckert may have information useful to the grand jury investigation into who leaked CIA agent Valerie Plame's identity to reporters and may have been given access to a White House memo identifying Plame.

"It is clear that a primary obstacle to the ... investigation is uncovering a precise chronology of when, and to whom, classified information was leaked," Conyers told E&P. "The revelation by Editor & Publisher that Mr. Guckert kept contemporaneous records of his 'reporting' activities could well be a major step forward in developing such a chronology."

Noting that Guckert may be writing a book based on his notes, Conyers and Slaughter wrote to Fitzgerald, "It would be unfortunate if Mr. Guckert published information that would be useful to your investigation, such as the identity of the person who gave him the memo, without your office having the benefit of its contents." In an interview with CNN's Anderson Cooper, Guckert denied having access to the White House memo, which he mentioned in an interview with Plame's husband Joseph Wilson, saying that he read about the memo in The Wall Street Journal.

— Posted at 2:27 pm  [link]
2005-02-24 REPORTER\'S PRIVILEGE UPHELD IN ISLAMIC CHARITY INVESTIGATION. A federal judge in New York has ruled that telephone records of two New York Times reporters may not be disclosed to federal prosecutors in Chicago. U.S. Attorney Patrick J. Fitzgerald, who is also the special prosecutor in the unrelated Valerie Plame investigation, subpoenaed the phone records of reporters Judith Miller, who is also under subpoena in the Plame investigation, and Philip Shenon in a grand jury investigation into whether government agents leaked a planned raid on an Islamic charity suspected of funding terrorists. Prosecutors contend, and the Times denies, that the charity was alerted to the raid when the reporters who received the leak called the charity for comment. U.S. District Judge Robert W. Sweet ruled that Miller and Shenon's telephone records were protected by a qualified reporter's privilege under the First Amendment and federal common law, and that prosecutors had failed to overcome the privilege.
— Posted at 6:53 pm  [link]
2005-02-23 WITH FRIENDS LIKE THESE ... A Wall Street Journal editorial blames The New York Times for the current subpoena controversy in the Plame investigation. According to the editorial, the Times' call for former-Attorney General John Ashcroft to remove himself from the investigation into who leaked CIA agent Valerie Plame's identity to reporters and appoint a special prosecutor led to subpoenas to get Times reporter Judith Miller and Time Magazine reporter Matthew Cooper to reveal their confidential sources.

"This is what happens when liberals let their partisan disdain for a President obscure their interest in larger principles," the Journal wrote. "The idea that there might be some First Amendment equities at stake was overlooked amid the partisan frenzy, and in any case Mr. Novak was expendable because he was a conservative."

According to the Journal, the leak of Plame's identity was almost certainly not a crime, and was the fault of her husband, Joseph Wilson, not the "senior administration officials" cited by columnist Robert Novak when he first reported her identity. The Journal also criticized recent attempts to enact a federal reporter's shield law, writing that "The Reporters Committee for Freedom of the Press wants to protect not just reporters from established news organizations but everyone who writes anything, which means that almost anyone with a laptop and a Web site could claim to be protected from having to provide grand jury testimony. This Congress will never pass such an expansive shield, and we aren't sure it should." The Reporters Committee actually supports a shield law that protects all journalists, but not anyone with a computer.

— Posted at 6:31 pm  [link]
2005-02-16 D.C. CIR RULES AGAINST MILLER, COOPER. The U.S. Court of Appeals in Washington, D.C. has ordered two reporters to testify about their confidential sources, rejecting arguments that the First Amendment, the common law or Department of Justice Guidelines provide a privilege not to testify before a grand jury investigation, The Washington Post reports. Judith Miller of The New York Times and Matthew Cooper of Time magazine were subpoenaed by Special Prosecutor Patrick J. Fitgerald in the Valerie Plame investigation into who leaked the identity of an undercover CIA agent to columnist Robert Novak and other reporters.

According to the Times, Miller and Cooper both said that they will appeal. Miller said, "A case like mine is a warning to people not to talk because the government will come after you, and that's what we're fighting. That's what the press ought to be concentrating on: the threats to the First Amendment and the free press." Times publisher Arthur Sulzberger, Jr. and Time editor-in-chief Norman Pearlstine issued statements decrying the ruling and committing further support for Miller and Cooper.

Numerous media groups, including The Washington Post , The Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press and others, said that the ruling underscores the need for a federal reporter's shield law like the bills introduced in both houses of Congress earlier this month. Columnists Jack Shafer of Slate.com and William E. Jackson, Jr. of Editor & Publisher blamed the unfavorable ruling on Miller and Cooper's attorney, Floyd Abrams questioning his reliance on a privilege based in the First Amendment.

White House spokesman Scott McClellan said in a press conference that "the President has made it clear that he wants to get to the bottom of this matter, and that anyone who has information that relates to this that can help the prosecutors move forward and get to the bottom of it should provide that information to the prosecutors." When asked if President Bush believes that there is no First Amendment privilege, McClellan replied, "No, that's not what I said. I said I don't know the facts regarding the circumstances of these two reporters. That's a matter before the courts."

Excerpts from the opinion are available online from Editor & Publisher , and the full text of the opinion is available on the court's Web site.

— Posted at 4:36 pm  [link]
2005-02-14 GONZALES RECUSES HIMSELF FROM PLAME CASE. A01:The Associated Press reports that newly-appointed Attorney General Alberto Gonzales has recused himself from the Valerie Plame investigation. Before heading the Department of Justice, Gonzales served as White House legal counsel and coordinated the Bush administration's response to the DOJ investigation into who leaked Plame's status as an undercover CIA agent to reporters. Gonzales also testified in the investigation. Former Attorney General John Ashcroft had also recused himself from the investigation.
— Posted at 6:26 pm  [link]
2005-01-12 NO CRIME, NO BLAME FOR OUTING PLAME Revealing CIA operative Valerie Plames' identity to reporters was probably not a crime, two drafters of the supposedly violated law wrote in a Washington Post op/ed article.

Victoria Toensing, former chief counsel to the Senate intelligence committee and First Amendment lawyer Bruce Sanford, explain why the 1982 Intelligence Identites Protection Act may not have been violated. "Congress also did not intend for government employees to be vulnerable to prosecution for an unintentional or careless spilling of the beans about an undercover identity. A dauntingly high standard was therefore required for the prosecutor to charge the leaker," they wrote. "The special prosecutor and reporters should ask Chief U.S. District Judge Thomas Hogan, who is overseeing the grand jury, to conduct a hearing to require the CIA to identify all affirmative measures it was taking to shield Plame's identity. Before we even think about sending reporters to prison for doing their jobs, the court should determine that all the elements of a crime are present."

A transcript of Toensing and Sanford's online Q&A on their article is available on washingtonpost.com. The Wall Street Journal published another opinion column last month on this topic by Sanford and national security attorney David B. Rivkin, Jr.

— Posted at 6:59 pm  [link]
2005-01-03 NOVAK QUIET IN THE EYE OF THE STORM. Columnist Robert Novak, the journalist who first revealed the identity of undecover CIA operative Valerie Plame, continues to refuse to comment on his role in the investigation into who leaked Plame's identity that has other reporters facing jail, The New York Times reports. "It's bizarre and disappointing that he hasn't said, 'Judy and Matt shouldn't go to jail,'" said Matthew Cooper of Time Magazine, who along with Judith Miller of the Times has been held in contempt for refusing to testify about who in the Bush administration leaked Plame's identity to reporters in a possible attempt to retaliate against her husband for criticizing the administration's case for war in Iraq. "I don't know why they're upset with me. They ought to worry about themselves. I worry about myself," Novak said.
— Posted at 2:59 pm  [link]
2004-12-15 NO CRIME, BUT REPORTERS FACE TIME. Reporters Judith Miller and Matthew Cooper face jail for refusing to reveal their confidential sources to a grand jury investigating the leak of CIA operative Valerie Plame's identity to journalists, but disclosing Plame's identity was not a crime, David B. Rivkin, Jr. and Bruce W. Sanford, attorneys specializing in national security and First Amendment law respectively, write in a Wall Street Journal op/ed. Special prosecutor Patrick Fitzgerald is believed to be investigating the Plame leak as a violation of the Intelligence Identites Protection Act. The act was passed by Congress in 1982 in response to ex-CIA agent Philip Agee's outing of undercover CIA agents in order to disrupt CIA activities. According to Rivkin and Sanford, "The law requires a prosecutor to show that a person has disclosed information that identifies a "covert agent" (not an "operative") while actually knowing that the agent has been undercover within the last five years in a foreign country and that the disclosed information would expose the agent. For a person who had no classified access to the outed agent's identity, the law provides the additional hurdle of proving a pattern of exposing agents with the belief that such actions would harm the government's spying capabilities. As a practical matter, this high degree of proof of willfulness or intentionality would be almost impossible to find in any circumstances other than in a Philip Agee clone (and maybe not even him)."
— Posted at 4:32 pm  [link]
2004-12-14 WIPEOUT WARNING IN WAIVER WAVE. Media experts are seeing a worrisome increase in the use of confidentiality waivers to try to get reporters to reveal sources, the Providence (R.I.) Journal reports. Recently waivers have been used in the investigation into who leaked CIA agent Valerie Plame's identity, the prosecution of investigative reporter Jim Taricani for refusing to reveal who gave him a tape of a Providence, R.I., official taking a bribe, and scientist Dr. Steven Hatfill's lawsuit against the Department of Justice for labeling him a "person of interest" in the investigation into the 2001 anthrax attacks. "Confidentiality waivers are not a new tool, but they are becoming increasingly prevalent," said Charles Davis, executive director of the Freedom of Information Center at the Missouri School of Journalism. David Rubin, dean of the S.I. Newhouse School of Public Communications at Syracuse University, said "It's possible that when someone signs these waivers, they are not signing them with a free will."
— Posted at 3:23 pm  [link]
2004-12-03 WAVE OF WAIVERS. Newsweek and MSNBC.com report that a federal judge has ordered as many as 100 FBI agents and federal prosecutors to sign waivers of any confidentiality agreements they have with journalists. The order came in Dr. Steven J. Hatfill's lawsuit against the Department of Justice for leaking information about him from the investigation into the 2001 anthrax attacks. Hatfill was labeled a "person of interest" in the case, but has never been charged. The waivers have been nicknamed "Plame waivers" because of their use in the grand jury investigation into who leaked the identity of undercover CIA operative Valerie Plame to columnist Robert Novak. "It's very disturbing that this is starting to become used as a way to out the relationship between reporters and sources," said media attorney Floyd Abrams. "On the face of it, [the waivers] are coercive. How could they be anything but?"
— Posted at 4:50 pm  [link]
2004-12-03 GONZALES OUT OF OUTING INVESTIGATION. White House Counsel Alberto Gonzalez will separate himself from the Valerie Plame investigation if confirmed as Attorney General, The Associated Press reports. As White House Counsel, Gonzalez has been the point-man for the administration's responses to inquiries about the leak of undercover CIA operative Valerie Plame's identity to columnist Robert Novak and other journalists. Gonzales made the statement in response to Sen. Charles Schumer (D-NY), during a closed meeting. Schumer said he is inclined to confirm Gonzales and expects that the nomination will receive broad support in the Senate.
— Posted at 4:42 pm  [link]
2004-12-03 ISLAMIC CHARITIES REPORT SUBSTANTIALLY TRUE. A federal appeals court dismissed an Islamic charity's libel lawsuit against several news organizations for reporting that the charity was under investigation for funding terrorism, The New York Sun reports. The Chicago-based Global Relief Foundation filed the suit against ABC, The Associated Press, The New York Times, The New York Post and others. The U.S. Court of Appeals in Chicago (7th Cir.) dismissed the case because the news reports that the charity was under investigation were substantially true. The court ruled that the media defendants did not need to further prove that the allegations being investigated by the FBI were also true. The FBI investigation of Global Relief has lead to the subpoena of New York Times reporters Judith Miller and Philip Shenon's telephone records after a reporter tipped the charity to a planned raid by calling for comment. Chicago U.S. Attorney Patrick Fitzgerald, who has also subpoenaed Miller in the Valerie Plame investigation, wants to know who leaked the planned raid to the Times .
— Posted at 4:08 pm  [link]
2004-12-03 CROSSFIRE HOST NOT IN CROSSHAIRS. The (Madison, Wisc.) Capital Times reports that columnist Robert Novak has disclosed that he is not a target of the grand jury investigation into who leaked the identity of undercover CIA operative Valerie Plame to him and other journalists. "To the regret of many people," Novak said, "I am not a criminal target." He made the comment during an open question-and-answer period after a lecture at the Wisconsin Union Theater. He refused to answer further questions, saying his attorney would "murder" him.
— Posted at 4:06 pm  [link]
2004-11-16 PLUGGING LEAKS LEAVES PUBLIC DRY. Because leak investigations are rarely successful at stopping leaks or finding leakers, but will prevent the public from getting truthful, important information, Congress should pass a federal reporters' shield law The Washington Post editorialized on Monday. Discussing the contempt sentences of reporters who refused to disclose confidential government informants in the Valerie Plame investigation, the Post writes, "As a newspaper, we are generally troubled by aggressive leak investigations, which rarely bear fruit but may chill legitimate journalism. The point here, however, is not simply the press's institutional interests but the public's interest in the flow of information on important public issues. Leaks can be, and in numerous instances have been, a means by which honest whistle-blowers get the truth out and senior officials disseminate information they are not yet prepared to release officially."
— Posted at 3:30 pm  [link]
2004-10-13 COOPER TO RESIST SECOND SUBPOENA USA Today reports that Time magazine reporter Matthew Cooper is scheduled to appear in court today to contest his second subpoena in the Valerie Plame leak investigation. In August, Judge Thomas Hogan of the U.S. District Court in Washington, D.C., sentenced Cooper to jail and a $1000-a-day fine until he testified under a subpoena issued by special prosecutor Patrick Fitzgerald. Cooper avoided jail when an agreement was reached where he would testify only about conversations he had with Vice President Dick Cheney's chief of staff Lewis "Scooter" Libby. Libby voluntarily waived his confidentiality agreement with Cooper. But three weeks after Cooper testified, Fitzgerald subpoenaed him again regarding his conversations with other confidential sources.
— Posted at 1:29 pm  [link]
2004-10-07 REPORTER ORDERED TO JAIL The Associated Press reports that New York Times reporter Judith Miller has been ordered jailed for refusing to testify in the Plame leak investigation about conversations with her confidential sources. U.S. District Judge Thomas Hogan rejected Miller's argument that the First Amendment provides a privilege from testifying, but stayed the sentence while Miller pursues an appeal. If the appeal is not successful Miller could be jailed for up to 18 months. Other reporters have agreed to testify in the investigation under limited circumstances where they had been released from promises of confidentiality by their sources, but Miller, who researched but never wrote a story on outed CIA agent Valerie Plame, has refused to testify even under those circumstances. Special Prosecutor Patrick J. Fitzgerald, who subpoenaed Miller in the Plame investigation, has also subpoenaed her telephone records in an unrelated leak investigation in Chicago.
— Posted at 4:49 pm  [link]
2004-09-29 TIMES RESISTS ANOTHER SUBPOENA. The New York Times has asked a federal court to block the subpoena of two reporters' phone records in a terrorism-related grand jury investigation. The investigation, headed by federal prosecutor Patrick J. Fitzgerald, is looking into who leaked to the reporters a planned government asset siezure of an Islamic charity suspected of funding al Qaeda. The FBI suspects that the reporters tipped the charity to the seizure by calling for comment. The subpoena seeks phone company records of Times reporters Judith Miller and Philip Shenon. Miller is also fighting a subpoena from Fitzgerald in the unrelated investigation into the leak of CIA agent Valerie Plame's identity.

On Tuesday, Times reporter Adam Liptak analyzed the government's recent plethora of subpoenas of journalists.

— Posted at 6:10 pm  [link]
2004-09-17 SUBPOENA STANDS IN PLAME INVESTIGATION. A federal judge has ruled that New York Times reporter Judith Miller must testify before the grand jury investigating the leak of CIA agent Valerie Plame's identity, The Washington Post reports. The opinion by Judge Thomas Hogan of the U.S. District Court in Washington, DC, held that neither the First Amendment or federal common law provide a privilege for Miller to refuse to testify about her confidential sources. "The information requested from Ms. Miller is very limited, all available means of obtaining the information have been exhausted, the testimony sought is necessary for the completion of the investigation, and the testimony sough is expected to constitute direct evidence of innocence or guilt," Hogan wrote. Miller never actually wrote a story about Plame, or about her husband Joseph Wilson, but spoke with one or more confidential sources regarding Wilson's article "What I Didn't Find in Africa." Special prosecutor Patrick Fitzgerald has served two subpoenas on Miller in the investigation: one concerning conversations with a specific administration official, and another seeking documents related to the conversations. Fitzgerald has also subpoenaed Miller in an unrelated case. According to The New York Times, Miller's attorney, Floyd Abrams, says she will appeal the ruling. Such an appeal would follow a finding that Miller is in contempt of court for not obeying the order to testify.
— Posted at 11:27 am  [link]
2004-09-16 POST REPORTER GIVES DEPOSITION BUT NOT SOURCE. The Washington Post reports that Post reporter Walter Pincus has given a deposition in the Valerie Plame leak investigation, but did not revealed his source, and that Time magazine reporter Matthew Cooper, who had previously testified, has been subpoenaed again. Pincus' source revealed himself to prosecutors and gave Pincus approval to testify. In a statement, Pincus said, "I understand that my source has already spoken to the special prosecutor about our conversation on July 12 [2003], and that the special prosecutor has dropped his demand that I reveal my source. Even so, I will not testify about his or her identity." Following Pincus' deposition, special prosecutor Patrick Fitzgerald issued another broad subpoena to Cooper. Cooper's attorney, Floyd Abrams, said Time will seek to quash the subpoena. Three weeks ago, Cooper testified under subpoena and threat of jail about his conversations with White House aide Lewis "Scooter" Libby after recieving permission from Libby. Both Pincus and Cooper have testified that they spoke with Libby, but that the conversations did not involve Plame's identity.
— Posted at 10:37 am  [link]
2004-09-10 PROSECUTOR SUBPOENAS REPORTERS\' RECORDS The U.S. Attorney who subpoenaed reporters in investigating the leak of undercover C.I.A. agent Valerie Plame's identity has subpoenaed reporters phone records in another unrelated investigation, The Washington Post reports. Federal prosecutor Patrick J. Fitzgerald informed The New York Times by letter last week that he had subpoenaed telephone company records in an attempt to determine whether someone in the government leaked planned asset seizures of an Islamic charity suspected of funding al Qaeda. The subpoena seeks the records of two Times reporters, Judith Miller, who is currently resisting a subpoena in the Plame investigation, and Philip Shenon. Times attorney Floyd Abrams said the matter is still under discussion with Fitzgerald. Abrams does not know if Fitzgerald has already obtained the records or not, or if he has, whether he can be persuaded not to look at them.
— Posted at 10:32 am  [link]
2004-08-19 MORE SECRECY LEADS TO MORE REPORTERS HELD IN CONTEMPT. With five reporters involved in the Wen Ho Lee case being held in contempt of court and a contempt order against Time's Matthew Cooper, who refused to disclose confidential sources to a grand jury investigating the leak of undercover CIA officer Valerie Plame's identity, there is a dangerous trend toward government secrecy for journalists and a weakening of the reporter's privilege. Furthermore, an increase in government secrecy and a tightening of access to government documents will lead to more leaks, The New York Times reports. "You're going to see an increase in reporter's privilege cases, because you're going to have a lot more leaks," Kevin Goldberg, a lawyer for the American Society of Newspaper Editors told the Times .
— Posted at 4:00 pm  [link]
2004-08-11 POST PLANS TO MOVE TO QUASH SUBPOENA. The Washington Post plans to file a motion later this month seeking to quash a subpoena served on reporter Walter Pincus, according to a statement read to Editor & Publisher on Tuesday. The subpoena compels Pincus to testify before a grand jury investigating how the identity of CIA officer Valerie Plame was leaked to the press. "The special counsel is attempting to compel Mr. Pincus to reveal the identity of a confidential source," the statement said. "The Post intends to file a motion to quash, challenging that subpoena. The motion will be filed Aug. 20." Pincus received a subpoena Monday ordering him to testify in the investigation, which is being directed by special prosecutor Patrick J. Fitzgerald. Time reporter Matthew Cooper already has been held in contempt of court for failing to reveal sources in the same case.
— Posted at 6:04 pm  [link]
2004-08-10 TIME REPORTER SENTENCED TO JAIL IN PLAME CASE. As many observers had predicted, the Plame investigation has turned to journalists for answers to questions about the leak of undercover CIA officer Valerie Plame's identity. On August 6, Time reporter Matthew Cooper was held in contempt of court after he failed to comply with a recently released July 20 federal court order requiring him to testify before the grand jury investigating the leak. Chief Judge Thomas F. Hogan of the U.S. District Court in Washington, D.C. ordered Cooper to jail after he refused to testify and fined the magazine $1000 per day until Cooper complies with the order, according to The New York Times. The sanctions were stayed pending appeal.

NBC's Tim Russert, host of "Meet the Press," was also ordered to testify in the July 20 order, which rejected Cooper and Russert's motions to quash the subpoenas requiring their testimony. According to the Times, Russert was questioned under oath by prosecutors on Saturday. In a statement, NBC said that Mr. Russert only testified about what Mr. Russert said during a conversation with Vice President Cheney's chief of staff, Lewis "Scooter" Libby. Washington Post reporter Glenn Kessler agreed to a similar interview with prosecutors earlier this summer.

According to The Post, lawyers involved in the case say that with Hogan's opinion, the special prosecutor "is now armed with a strong and unambiguous court ruling to demand the testimony" of columnist Robert Novak, who first disclosed Plame's identity, and Washington Post reporter Walter Pincus, who wrote that a Post reporter received information about Plame from a Bush administration official. Pincus was subpoenaed yesterday. The paper says it plans to file a motion to quash the subpoena. Click here to read Judge Hogan's Memorandum and Order.

— Posted at 12:01 pm  [link]
2004-06-24 BUSH INTERVIEWED IN PLAME LEAK INQUIRY President Bush was interviewed today by the special prosecutor investigating the leak of undercover CIA officer Valerie Plame's identity, the New York Times reports. U.S. Attorney Patrick Fitzgerald interviewed Bush in the oval office for 70 minutes in the presence of his private attorney, Jim Sharp. The questioning comes after several members of the Bush White House have been interviewed in recent weeks regarding the leak, including Vice President Cheney and White House counsel Alberto Gonzales. The investigation may lead to criminal charges under federal law.
— Posted at 4:03 pm  [link]
2004-06-23 WASHINGTON POST REPORTER QUESTIONED IN PLAME LEAK PROBE A Washington Post reporter was questioned yesterday by the special prosecutor investigating the leak of undercover CIA officer Valerie Plame's identity, the Washington Post reports. Plame's identity was revealed after her husband, former ambassador Joseph C. Wilson IV, publicly criticized the Bush administration's claims regarding Iraq's efforts to obtain uranium from Niger. Wilson was sent on a CIA-sponsored trip to Niger to investigate in 2003. Reporter Glenn Kessler agreed to give a deposition that will be provided to the grand jury investigating the leak, stating that he had been urged to discuss conversations with a source, I. Lewis "Scooter" Libby. Libby, who is Vice President Cheney's chief of staff, signed a waiver of his right to confidential conversations with reporters about the Plame matter several months ago.

In a statement, Kessler explains: "I face an unusual situation. Mr. Libby signed a waiver in which he asked me to discuss with the Special Counsel whether the Wilson matter was raised in two conversations that I had with him in 2003. Under these circumstances, at the request of my source, I am giving a deposition regarding these questions."

— Posted at 6:20 pm  [link]
2004-06-03 BUSH CONSULTS ATTORNEY ABOUT LEAK INVESTIGATION. President Bush met with a private attorney recently, for advice regarding the investigation of the leak of an undercover CIA officer's identity, according to The New York Times. White House spokesman Scott McClellan said Bush intends to hire Washington attorney Jim Sharp if he is questioned regarding the leak of Valerie Plame's identity, which was first disclosed by columnist Robert Novak in July. The article notes that the while the names of several White House advisors have been thrown out as possible suspects, the president himself is not seen as a potential target of the investigation. Bush could, however, be called as a witness in the investigation, the Times reports.
— Posted at 10:27 am  [link]
2004-05-24 REPORTERS SUBPOENAED IN LEAK INVESTIGATION. NBC's Tim Russert and Time magazine reporter Matthew Cooper have been subpoenaed to appear before a federal grand jury investigating the leak of undercover CIA officer Valerie Plame's identity, according to The New York Times . Both companies have said they will fight the subpoenas, and NBC News president Neal Shapiro said "sources will simply stop speaking to the press if they fear those conversations will become public," according to The Times. Special prosecutor Patrick J. Fitzgerald was appointed to investigate the leak after columnist Robert Novak wrote in a July column that Plame's identity had been revealed to him by two administration officials.
— Posted at 2:17 pm  [link]
2004-05-18 SPECIAL PROSECUTOR SEEKS TO INTERVIEW REPORTERS. Special prosecutor Patrick Fitzgerald is seeking to question several reporters about the July 2003 leak of CIA operative Valerie Plame's identity, according to The Washington Post . Post attorney Eric Lieberman told Fitzgerald he would respond this week to requests to interview Post reporters Walter Pincus and Glenn Kessler. The Los Angeles Times reports that reporters for Newsday are also being asked for interviews and that other reporters may be added to the list. Sources close to the case see the requests as a signal that the leak investigation is winding up and as a precursor to issuing subpoenas to the journalists, according to the Times . Justice Department guidelines require prosecutors to exhaust all alternatives before turning to reporters and to negotiate with reporters before issuing subpoenas.
— Posted at 11:59 am  [link]
2004-04-02 PROSECUTORS EXPANDING PLAME LEAK INQUIRY, NYT REPORTS Prosecutors investigating the leak of C.I.A. officer Valerie Plame's identity have expanded their probe to examine whether White House officials lied to investigators or mishandled classified information, The New York Times reports. Patrick J. Fitzgerald, the special prosecutor appointed to lead the investigation, is reported to be examining possible discrepancies between documents relating to the case and statements made last fall by current and former White House officials during interviews with federal investigators. Fitzgerald is also reported to be investigating whether Plame's identity came from classified documents within the White House. The Times also reports that lawyers involved in the case say Fitzgerald is close to the end of the investigation.
— Posted at 12:54 pm  [link]
2004-03-09 KARL ROVE\'S TESTIMONY IN LEAK INVESTIGATION REVEALED. President Bush's chief political advisor, Karl Rove, told the FBI that he circulated and discussed information about undercover CIA officer Valerie Plame with White House staff, political consultants and journalists, according to The American Prospect. However, Rove insisted during the October meeting that he was not responsible for leaking Plame's name to columnist Robert Novak and that he discussed Plame after columnist Robert Novak revealed Plame's identity in a July column. Rove told the FBI about an aggressive smear campaign against Plame's husband, former Ambassador Joseph Wilson, who had criticized the Iraq war. The Prospect also reports that federal investigators are seeking the identity of an administration official who told The Washington Post that two administration officials called six journalists before Novak's column appeared and disclosed Plame's identity, and believe that the Post's source will have information about the leaks to Novak.
— Posted at 3:12 pm  [link]
2004-03-05 FEDERAL GRAND JURY SUBPOENAED WHITE HOUSE. Newsday reports that a federal grand jury investigating the leak of the idenitity of undercover CIA officer Valerie Plame, issued three subpoenas to the White House on Jan. 22. The subpoenas ask the Executive Office of President Bush to produce records of Air Force One telephone calls in the week before Plame's identity was revealed in Robert Novak's July column. Also sought are records created in the White House Iraq Group and a transcript of a White House press briefing in Nigeria. One subpoena seeks records of White House contacts with over two dozen journalists and news organizations, including Novak, Chris Matthews, Andrea Mitchell and reporters for Newsday, The Washington Post, and The New York Times.
— Posted at 3:31 pm  [link]
2004-02-12 PLAME INVESTIGATION HEATS UP. The New York Times reports on stepped-up activity in the Valerie Plame investigation, noting which administration officials have been interviewed by the FBI, and which have had to appear before a federal grand jury.
— Posted at 4:32 pm  [link]
2004-02-10 BUSH AIDES QUESTIONED IN PLAME LEAK INVESTIGATION. Several White House aides testified before a federal grand jury investigating the leak of undercover CIA officer Valerie Plame's identity last week, The Washington Post reports. White House press secretary Scott McClellan and former press aide Adam Levine testified on Feb. 6, while Mary Matalin - former advisor to Vice President Cheney - testified on Jan. 23. All were questioned about White House public relations strategy and were asked about cell phone calls, handwritten notes, and e-mails from reporters to administration officials. The Post reports that sources have commented that it is likely that journalists will be called to testify next. "There's a very good liklihood they're going to litigate against journalists," one source told the Post .

Today's New York Times reports that one set of documents that prosecutors repeatedly referred to in their meetings with White House aides are extensive notes compiled by I. Lewis Libby, Vice President Dick Cheney's chief of staff and national security adviser. Prosecutors have described the notes as "copious," the lawyers said. In addition, the prosecutors have asked about cellphone calls made last July to and from Catherine J. Martin, a press secretary for Mr. Cheney.

— Posted at 11:04 am  [link]
2004-02-05 CHENEY STAFF MEMBERS FOCUS OF LEAK INQUIRY. Two members of Vice President Dick Cheney's staff are being investigated for the unlawful exposure of undercover CIA officer Valerie Plame's identity, Insight magazine reports. Federal law-enforcement officials told Insight reporter Richard Sale that they have evidence that staffer John Hannah and Cheney chief of staff Lewis "Scooter" Libby were involved in the leak.
— Posted at 1:55 pm  [link]
2004-01-23 GRAND JURY PROBES PLAME LEAK. Time magazine reports that a federal grand jury began hearing testimony Wednesday in the investigation of the leak of undercover CIA officer Valerie Plame's identity to columnist Robert Novak and other journalists. The article states that prosecutors are starting out with third-party witnesses but will soon decide whether to subpoena journalists for their testimony. A lawyer familiar with the case told TIME that this latest development signifies that prosecutors have a good handle on the case.
— Posted at 3:57 pm  [link]
2004-01-22 FORMER INTELLIGENCE OFFICERS URGE CONGRESS TO CONDUCT PLAME INQUIRY In a letter to Congressional leaders, ten former intelligence officers sharply criticized the leak of undercover CIA officer Valerie Plame's identity and urged Congress to conduct its own inquiry into the leak, The New York Times reports. Expressing concern that the Justice Department investigation of the Plame leak will dead end, the group asks Congress to "send an unambiguous message that intelligence officers . . . must never be turned into political punching bags." On Wednesday, several Democrats introduced legislation that would authorize an independent inquiry by the House.
— Posted at 5:53 pm  [link]
2004-01-05 FBI ASKS OFFICIALS TO RELEASE REPORTERS FROM CONFIDENTIALITY AGREEMENTS. In an effort to uncover who leaked the identity of undercover CIA officer Valerie Plame, FBI investigators have asked administration officials to waive their rights to have private conversations with reporters, according to an article on Time magazine's Website. The waivers would release reporters from any confidentiality agreements regarding conversations about Plame. The article quotes Reporters Committee executive director Lucy Dalglish saying that prosecutors are pursuing this tactic because "it is likely a precursor to subpoenaing journalists to testify before a grand jury, and then asking a judge to hold them in contempt if they refuse to do so." Columnist Robert Novak revealed Plame's identity in July after it was told to him by unidentified senior White House officials. Plame is married to former Ambassador Joseph C. Wilson IV, who has publicly criticized the Bush administration's policy toward Iraq.
— Posted at 11:31 am  [link]
2004-01-02 LEAK PROBE MAY NOT EXPOSE ILLEGALITY; NEW TOP INVESTIGATOR KNOWN FOR TENACITY. Whoever leaked information regarding undercover CIA officer Valerie Plame may not be guilty of violating the Intelligence Indentities Protection Act of 1982, according to an article in The Washington Post. If the leakers did not know that Plame was an undercover operative they will not have committed a crime, the Post reports. However, The Post reports in another article that U.S. Attorney Patrick Fitzgerald, appointed this week to lead the leak investigation, has a reputation as a doggedly relentless prosecutor. Fitzgerald's assignment is to discover who leaked Plame's identity to columnist Robert Novak last July. Plame's name was revealed after her husband, Jospeh C. Wilson IV, publicly criticized the Bush administration in 2002 for its claims that Iraq had attempted to buy uranium from Niger. Many speculate that high-level White House officials are the source of the leak.
— Posted at 3:10 pm  [link]
2003-12-31 SPECIAL COUNSEL WILL INVESTIGATE PLAME LEAK. Attorney General John Ashcroft recused himself Tuesday from the Justice Department\'s investigation into the leak of the identity of undercover CIA officer Valerie Plame, as a special counsel was appointed to lead the case. Deputy Attorney General James B. Comey, Jr. named Patrick J. Fitzgerald, the U.S. Attorney in Chicago, as the special counsel in charge of directing the investigation. According to The Washington Post and The New York Times , Ashcroft\'s decision has led some to speculate that the investigation is moving closer to key White House officials, many of whom have close ties to Ashcroft. The investigation began after unidentified senior administration officials revealed Plame\'s identity to columnist Robert Novak, who published her name in a July 2003 column. Plame\'s husband, former ambassador Joseph C. Wilson IV, had publicly criticized the Bush administration for asserting that Iraq had tried to buy uranium from Niger after he travelled to Africa on a CIA mission in 2002.
— Posted at 09:45 am  [link]

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