Full Text: U.S. v. Libby Indictment
Office of Special Counsel
Friday, October 28, 2005; 1:49 PM
Following is the full text of the indictment of
Vice President Cheney's chief of staff, I. Lewis "Scooter"
Libby, after a two-year investigation into the leak of a CIA
agent's identity:
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF COLUMBIA
Holding a Criminal Term
Grand Jury Sworn in on October 31, 2003
UNITED STATES OF AMERICA v. I. LEWIS LIBBY, also known
as "SCOOTER LIBBY"
Criminal No.
GRAND JURY ORIGINAL
Count 1: Obstruction of Justice (18 U.S.C. Section
1503)
Counts 2-3: False Statements (18 U.S.C. Section
1001(a)(2))
Counts 4-5: Perjury (18 U.S.C. Section 1623)
INDICTMENT
COUNT ONE (Obstruction of Justice)
THE GRAND JURY CHARGES:
1. At times material to this indictment:
Defendant's Employment and Responsibilities
a. Beginning on or about January 20, 2001, and
continuing through the date of
this indictment, defendant I. LEWIS LIBBY, also known
as "SCOOTER LIBBY," was employed
as Assistant to the President of the United States,
Chief of Staff to the Vice President of the United States,
and Assistant to the Vice President for National Security
Affairs. In the course of his work, LIBBY had frequent
access to classified information and frequently spoke with
officials of the U.S. intelligence community, as well as
other government officials, regarding sensitive national
security matters.
b. In connection with his role as a senior government
official with responsibilities for national security
matters, LIBBY held security clearances entitling him to
access to classified information. As a person with such
clearances, LIBBY was obligated by applicable laws and
regulations, including Title 18, United States Code, Section
793, and Executive Order 12958 (as modified by Executive
Order 13292), not to disclose classified information to
persons not authorized to receive such information, and
otherwise to exercise proper care to safeguard classified
information against unauthorized disclosure. On or about
January 23, 2001, LIBBY executed a written "Classified
Information Nondisclosure Agreement," stating in part that
"I understand and
accept that by being granted access to classified
information, special confidence and trust shall be placed in
me by the United States Government," and that "I have been
advised that the unauthorized disclosure, unauthorized
retention, or negligent handling of classified information
by me could cause damage or irreparable injury to the United
States or could be used to advantage by a foreign nation."
The Central Intelligence Agency
c. The Central Intelligence Agency (CIA) was an agency
of the United States whose mission was to collect, produce,
and disseminate intelligence and counterintelligence
information to officers and departments of the United States
government, including the President, the National Security
Council, and the Joint Chiefs of Staff.
d. The responsibilities of certain CIA employees
required that their association with the CIA be kept secret;
as a result, the fact that these individuals were employed
by the CIA was classified. Disclosure of the fact that such
individuals were employed by the CIA had the potential to
damage the national security in ways that ranged from
preventing the future use of those individuals in a covert
capacity, to compromising intelligence-gathering methods and
operations, and endangering the safety of CIA employees and
those who dealt with them.
Joseph Wilson and Valerie Plame Wilson
e. Joseph Wilson ("Wilson") was a former career State
Department official who had held a variety of posts,
including United States Ambassador. In 2002, after an
inquiry to the CIA by the Vice President concerning certain
intelligence reporting, the CIA decided on its own
initiative to send Wilson to the country of Niger to
investigate allegations involving Iraqi efforts to acquire
uranium yellowcake, a processed form of uranium ore. Wilson
orally reported his findings to the CIA upon his return.
f. Joseph Wilson was married to Valerie Plame Wilson
("Valerie Wilson"). At all relevant times from January 1,
2002 through July 2003, Valerie Wilson was employed by the
CIA, and her employment status was classified. Prior to July
14, 2003, Valerie Wilson's affiliation with the CIA was not
common knowledge outside the intelligence community.
Events Leading up to July 2003
2. On or about January 28, 2003, President George W.
Bush delivered his State of the Union address which included
sixteen words asserting that "The British government has
learned that Saddam Hussein recently sought significant
quantities of uranium from Africa."
3. On May 6, 2003, the New York Times published a
column by Nicholas Kristof which disputed the accuracy of
the "sixteen words" in the State of the Union address. The
column reported that, following a request from the Vice
President's office for an investigation of allegations that
Iraq sought to buy uranium from Niger, an unnamed former
ambassador was sent on a trip to Niger in 2002 to
investigate the allegations. According to the column, the
ambassador reported back to the CIA and State Department in
early 2002 that the allegations were unequivocally wrong and
based on forged documents.
4. On or about May 29, 2003, in the White House, LIBBY
asked an Under Secretary of State ("Under Secretary") for
information concerning the unnamed ambassador's travel to
Niger to investigate claims about Iraqi efforts to acquire
uranium yellowcake. The Under Secretary thereafter directed
the State Department's Bureau of Intelligence and Research
to prepare a report concerning the ambassador and his trip.
The Under Secretary provided LIBBY with interim oral reports
in late May and early June 2003, and advised LIBBY that
Wilson was the former ambassador who took the trip.
5. On or about June 9, 2003, a number of classified
documents from the CIA were faxed to the Office of the Vice
President to the personal attention of LIBBY and another
person in the Office of the Vice President. The faxed
documents, which were marked as classified, discussed, among
other things, Wilson and his trip to Niger, but did not
mention Wilson by name. After receiving these documents,
LIBBY and one or more other persons in the Office of the
Vice President handwrote the names "Wilson" and "Joe Wilson"
on the documents.
6. On or about June 11 or 12, 2003, the Under
Secretary of State orally advised LIBBY in the White House
that, in sum and substance, Wilson's wife worked at the CIA
and that State Department personnel were saying that
Wilson's wife was involved in the planning of his trip.
7. On or about June 11, 2003, LIBBY spoke with a
senior officer of the CIA to ask about the origin and
circumstances of Wilson's trip, and was advised by the CIA
officer that Wilson's wife worked at the CIA and was
believed to be responsible for sending Wilson on the trip.
8. Prior to June 12, 2003, Washington Post reporter
Walter Pincus contacted the Office of the Vice President in
connection with a story he was writing about Wilson's trip.
LIBBY participated in discussions in the Office of the Vice
President concerning how to respond to Pincus.
9. On or about June 12, 2003, LIBBY was advised by the
Vice President of the United States that Wilson's wife
worked at the Central Intelligence Agency in the
Counterproliferation Division. LIBBY understood that the
Vice President had learned this information from the CIA.
10. On June 12, 2003, the Washington Post published an
article by reporter Walter Pincus about Wilson's trip to
Niger, which described Wilson as a retired ambassador but
not by name, and reported that the CIA had sent him to Niger
after an aide to the Vice President raised questions about
purported Iraqi efforts to acquire uranium. Pincus's article
questioned the accuracy of the "sixteen words," and stated
that the retired ambassador had reported to the CIA that the
uranium purchase story was false.
11. On or about June 14, 2003, LIBBY met with a CIA
briefer. During their conversation he expressed displeasure
that CIA officials were making comments to reporters
critical of the Vice President's office, and discussed with
the briefer, among other things, "Joe Wilson" and his wife
"Valerie Wilson," in the context of Wilson's trip to Niger.
12. On or about June 19, 2003, an article appeared in
The New Republic magazine online entitled "The First
Casualty: The Selling of the Iraq War." Among other things,
the article questioned the "sixteen words" and stated that
following a request for information from the Vice President,
the CIA had asked an unnamed ambassador to travel to Niger
to investigate allegations that Iraq had sought uranium from
Niger. The article included a quotation attributed to the
unnamed ambassador alleging that administration officials
"knew the Niger story was a flat-out lie." The article also
was critical of how the administration, including the Office
of the Vice President, portrayed intelligence concerning
Iraqi capabilities with regard to weapons of mass
destruction, and accused the administration of suppressing
dissent from the intelligence agencies on this topic.
13. Shortly after publication of the article in The
New Republic, LIBBY spoke by telephone with his then
Principal Deputy and discussed the article. That official
asked LIBBY whether information about Wilson's trip could be
shared with the press to rebut the allegations that the Vice
President had sent Wilson. LIBBY responded that there would
be complications at the CIA in disclosing that information
publicly, and that he could not discuss the matter on a
non-secure telephone line.
14. On or about June 23, 2003, LIBBY met with New York
Times reporter Judith Miller. During this meeting LIBBY was
critical of the CIA, and disparaged what he termed
"selective leaking" by the CIA concerning intelligence
matters. In discussing the CIA's handling of Wilson's trip
to Niger, LIBBY informed her that Wilson's wife might work
at a bureau of the CIA.
The July 6 "Op Ed" Article by Wilson
15. On July 6, 2003, the New York Times published an
Op-Ed article by Wilson entitled "What I Didn't Find in
Africa." Also on July 6, 2003, the Washington Post published
an article about Wilson's 2002 trip to Niger, which article
was based in part upon an interview of Wilson. Also on July
6, Wilson appeared as a guest on the television interview
show "Meet the Press." In his Op-Ed article and interviews
in print and on television, Wilson asserted, among other
things, that he had taken a trip to Niger at the request of
the CIA in February 2002 to investigate allegations that
Iraq had sought or obtained uranium yellowcake from Niger,
and that he doubted Iraq had obtained uranium from Niger
recently, for a number of reasons. Wilson stated that he
believed, based on his understanding of government
procedures, that the Office of the Vice President was
advised of the results of his trip.
LIBBY's Actions Following Wilson's July 6 "Op Ed"
Column
16. On or about July 7, 2003, LIBBY had lunch with the
then White House Press Secretary and advised the Press
Secretary that Wilson's wife worked at the CIA and noted
that such information was not widely known.
17. On or about the morning of July 8, 2003, LIBBY met
with New York Times reporter Judith Miller. When the
conversation turned to the subject of Joseph Wilson, LIBBY
asked that the information LIBBY provided on the topic of
Wilson be attributed to a "former Hill staffer" rather than
to a "senior administration official," as had been the
understanding with respect to other information that LIBBY
provided to Miller during this meeting. LIBBY thereafter
discussed with Miller Wilson's trip and criticized the CIA
reporting concerning Wilson's trip. During this discussion,
LIBBY advised Miller of his belief that Wilson's wife worked
for the CIA.
18. Also on or about July 8, 2003, LIBBY met with the
Counsel to the Vice President in an anteroom outside the
Vice President's Office. During their brief conversation,
LIBBY asked the Counsel to the Vice President, in sum and
substance, what paperwork there would be at the CIA if an
employee's spouse undertook an overseas trip.
19. Not earlier than June 2003, but on or before July
8, 2003, the Assistant to the Vice President for Public
Affairs learned from another government official that
Wilson's wife worked at the CIA, and advised LIBBY of this
information.
20. On or about July 10, 2003, LIBBY spoke to NBC
Washington Bureau Chief Tim Russert to complain about press
coverage of LIBBY by an MSNBC reporter. LIBBY did not
discuss Wilson's wife with Russert.
21. On or about July 10 or July 11, 2003, LIBBY spoke
to a senior official in the White House ("Official A") who
advised LIBBY of a conversation Official A had earlier that
week with columnist Robert Novak in which Wilson's wife was
discussed as a CIA employee involved in Wilson's trip. LIBBY
was advised by Official A that Novak would be writing a
story about Wilson's wife.
22. On or about July 12, 2003, LIBBY flew with the
Vice President and others to and from Norfolk, Virginia, on
Air Force Two. On his return trip, LIBBY discussed with
other officials aboard the plane what LIBBY should say in
response to certain pending media inquiries, including
questions from Time reporter Matthew Cooper.
23. On or about July 12, 2003, in the afternoon, LIBBY
spoke by telephone to Cooper, who asked whether LIBBY had
heard that Wilson's wife was involved in sending Wilson on
the trip to Niger. LIBBY confirmed to Cooper, without
elaboration or qualification, that he had heard this
information too.
24. On or about July 12, 2003, in the late afternoon,
LIBBY spoke by telephone with Judith Miller of the New York
Times and discussed Wilson's wife, and that she worked at
the CIA.
The Criminal Investigation
25. On or about September 26, 2003, the Department of
Justice authorized the Federal Bureau of Investigation
("FBI") to commence a criminal investigation into the
possible unauthorized disclosure of classified information
regarding the disclosure of Valerie Wilson's affiliation
with the CIA to various reporters in the spring of 2003.
26. As part of the criminal investigation, LIBBY was
interviewed by Special Agents of the FBI on or about October
14 and November 26, 2003, each time in the presence of his
counsel. During these interviews, LIBBY stated to FBI
Special Agents that:
a. During a conversation with Tim Russert of NBC News
on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was
aware that Wilson's wife worked for the CIA. LIBBY responded
to Russert that he did not know that, and Russert replied
that all the reporters knew it. LIBBY was surprised by this
statement because, while speaking with Russert, LIBBY did
not recall that he previously had learned about Wilson's
wife's employment from the Vice President.
b. During a conversation with Matthew Cooper of Time
magazine on or about July 12, 2003, LIBBY told Cooper that
reporters were telling the administration that Wilson's wife
worked for the CIA, but that LIBBY did not know if this was
true; and
c. LIBBY did not discuss Wilson's wife with New York
Times reporter Judith Miller during a meeting with Miller on
or about July 8, 2003.
27. Beginning in or about January 2004, and continuing
until the date of this indictment, Grand Jury 03-3 sitting
in the District of Columbia conducted an investigation ("the
Grand Jury Investigation") into possible violations of
federal criminal laws, including: Title 50, United States
Code, Section 421 (disclosure of the identity of covert
intelligence personnel); and Title 18, United States Code,
Sections 793 (improper disclosure of national defense
information), 1001 (false statements), 1503 (obstruction of
justice), and 1623 (perjury).
28. A major focus of the Grand Jury Investigation was
to determine which government officials had disclosed to the
media prior to July 14, 2003 information concerning the
affiliation of Valerie Wilson with the CIA, and the nature,
timing, extent, and purpose of such disclosures, as well as
whether any official making such a disclosure did so knowing
that the employment of Valerie Wilson by the CIA was
classified information.
29. During the course of the Grand Jury Investigation,
the following matters, among others, were material to the
Grand Jury Investigation:
i. When, and the manner and means by which, defendant
LIBBY learned that Wilson's wife was employed by the CIA;
ii. Whether and when LIBBY disclosed to members of the
media that Wilson's wife was employed by the CIA;
iii. The language used by LIBBY in disclosing any such
information to the media, including whether LIBBY expressed
uncertainty about the accuracy of any information he may
have disclosed, or described where he obtained the
information;
iv. LIBBY's knowledge as to whether any information he
disclosed was classified at the time he disclosed it; and
v. Whether LIBBY was candid with Special Agents of the
Federal Bureau of Investigation in describing his
conversations with the other government officials and the
media relating to Valerie Wilson.
LIBBY's Grand Jury Testimony
30. On or about March 5 and March 24, 2004, LIBBY
testified before Grand Jury 03-3.
On each occasion of LIBBY's testimony, the foreperson
of the Grand Jury administered the oath to LIBBY and LIBBY
swore to tell the truth in the testimony he was about to
give.
31. In or about March 2004, in the District of
Columbia,
I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, did knowingly and corruptly endeavor
to influence, obstruct and impede the due administration of
justice, namely proceedings before Grand Jury 03-3, by
misleading and deceiving the grand jury as to when, and the
manner and means by which, LIBBY acquired and subsequently
disclosed to the media information concerning the employment
of Valerie Wilson by the CIA.
32. It was part of the corrupt endeavor that during
his grand jury testimony, defendant LIBBY made the following
materially false and intentionally misleading statements and
representations, in substance, under oath:
a. When LIBBY spoke with Tim Russert of NBC News, on
or about July 10, 2003:
i. Russert asked LIBBY if LIBBY knew that Wilson's
wife worked for the CIA, and told LIBBY that all the
reporters knew it; and
ii. At the time of this conversation, LIBBY was
surprised to hear that Wilson's wife worked for the CIA;
b. LIBBY advised Matthew Cooper of Time magazine on or
about July 12, 2003, that he had heard that other reporters
were saying that Wilson's wife worked for the CIA, and
further advised him that LIBBY did not know whether this
assertion was true; and
c. LIBBY advised Judith Miller of the New York Times
on or about July 12, 2003 that he had heard that other
reporters were saying that Wilson's wife worked for the CIA
but LIBBY did not know whether that assertion was true.
33. It was further part of the corrupt endeavor that
at the time defendant LIBBY made each of the above-described
materially false and intentionally misleading statements and
representations to the grand jury, LIBBY was aware that they
were false, in that:
a. When LIBBY spoke with Tim Russert of NBC News on or
about July 10, 2003:
i. Russert did not ask LIBBY if LIBBY knew that
Wilson's wife worked for the CIA, nor did he tell LIBBY that
all the reporters knew it; and
ii. At the time of this conversation, LIBBY was well
aware that Wilson's wife worked at the CIA; in fact, LIBBY
had participated in multiple prior conversations concerning
this topic, including on the following occasions:
In or about early June 2003, LIBBY learned from the Vice
President that Wilson's wife worked for the CIA in the
Counterproliferation Division;
Cheney, Libby Blocked Papers to Senate Intelligence Panel
http://www.truthout.org/docs_2005/102805I.shtml
Vice President Cheney and his chief of staff, I. Lewis "Scooter" Libby, decided to withhold crucial documents from the Senate Intelligence Committee in 2004 when the panel was investigating the use of pre-war intelligence that erroneously concluded Saddam Hussein had weapons of mass destruction.
On or about June 11, 2003, LIBBY was informed by
a senior CIA officer that Wilson's wife was employed
by the CIA and that the idea of sending him to Niger
originated with her;
On or about June 12, 2003, LIBBY was informed by
the Under Secretary of State that Wilson's wife
worked for the CIA;
On or about June 14, 2003, LIBBY discussed "Joe
Wilson" and "Valerie Wilson" with his CIA briefer,
in the context of Wilson's trip to Niger;
On or about June 23, 2003, LIBBY informed
reporter Judith Miller that Wilson's wife might work
at a bureau of the CIA;
On or about July 7, 2003, LIBBY advised the
White House Press Secretary that Wilson's wife
worked for the CIA;
In or about June or July 2003, and in no case
later than on or about July 8, 2003, LIBBY was
advised by the Assistant to the Vice President for
Public Affairs that Wilson's wife worked for the
CIA;
On or about July 8, 2003, LIBBY advised reporter
Judith Miller of his belief that Wilson's wife
worked at the CIA; and
On or about July 8, 2003, LIBBY had a discussion
with the Counsel to the Office of the Vice President
concerning the paperwork that would exist if a
person who was sent on an overseas trip by the CIA
had a spouse who worked at the CIA;
b. LIBBY did not advise Matthew Cooper, on or
about July 12, 2003, that LIBBY had heard other
reporters were saying that Wilson's wife worked for
the CIA, nor did LIBBY advise him that LIBBY did not
know whether this assertion was true; rather, LIBBY
confirmed to Cooper, without qualification, that
LIBBY had heard that Wilson's wife worked at the
CIA; and
c. LIBBY did not advise Judith Miller, on or
about July 12, 2003, that LIBBY had heard other
reporters were saying that Wilson's wife worked for
the CIA, nor did LIBBY advise her that LIBBY did not
know whether this assertion was true;
In violation of Title 18, United States Code,
Section 1503.
COUNT TWO
(False Statement)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1-26 of
Count One as though fully set forth herein.
2. During the course of the criminal
investigation conducted by the Federal Bureau of
Investigation and the Department of Justice, the
following matters, among others, were material to
that investigation:
a. When, and the manner and means by which,
defendant LIBBY learned that Wilson's wife was
employed by the CIA; b. Whether and when LIBBY
disclosed to members of the media that Wilson's wife
was employed by the CIA;
c. The language used by LIBBY in disclosing
any such information to the media, including whether
LIBBY expressed uncertainty about the accuracy of
any information he may have disclosed, or described
where he obtained the information; and
d. LIBBY's knowledge as to whether any
information he disclosed was classified at the time
he disclosed it.
3. On or about October 14 and November 26,
2003, in the District of Columbia,
I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, did knowingly and willfully
make a materially false, fictitious, and fraudulent
statement and representation in a matter within the
jurisdiction of the Federal Bureau of Investigation,
an agency within the executive branch of the United
States, in that the defendant, in response to
questions posed to him by agents of the Federal
Bureau of Investigation, stated that:
During a conversation with Tim Russert of NBC
News on July 10 or 11, 2003, Russert asked LIBBY if
LIBBY was aware that Wilson's wife worked for the
CIA.
LIBBY responded to Russert that he did not
know that, and Russert replied that all the
reporters knew it. LIBBY was surprised by this
statement because, while speaking with Russert,
LIBBY did not recall that he previously had learned
about Wilson's wife's employment from the Vice
President.
4. As defendant LIBBY well knew when he made
it, this statement was false in that when LIBBY
spoke with Russert on or about July 10 or 11, 2003:
a. Russert did not ask LIBBY if LIBBY knew
that Wilson's wife worked for the CIA, nor did he
tell LIBBY that all the reporters knew it; and
b. At the time of this conversation, LIBBY was
well aware that Wilson's wife worked at the CIA; In
violation of Title 18, United States Code, Section
1001(a)(2).
COUNT THREE
(False Statement)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1 and 2
of Count Two as though fully set forth herein.
2. On or about October 14 and November 26,
2003, in the District of Columbia,
I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, did knowingly and willfully
make a materially false, fictitious, and fraudulent
statement and representation in a matter within the
jurisdiction of the Federal Bureau of Investigation,
an agency within the executive branch of the United
States, in that the defendant, in response to
questions posed to him by agents of the Federal
Bureau of Investigation, stated that:
During a conversation with Matthew Cooper of
Time magazine on July 12, 2003, LIBBY told Cooper
that reporters were telling the administration that
Wilson's wife worked for the CIA, but LIBBY did not
know if this was true.
3. As defendant LIBBY well knew when he made
it, this statement was false in that:
LIBBY did not advise Cooper on or about July
12, 2003 that reporters were telling the
administration that Wilson's wife worked for the
CIA, nor did LIBBY advise him that LIBBY did not
know whether this was true; rather, LIBBY confirmed
for Cooper, without qualification, that LIBBY had
heard that Wilson's wife worked at the CIA;
In violation of Title 18, United States Code,
Section 1001(a)(2).
COUNT FOUR
(Perjury)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1-30 of
Count One as though fully set forth herein.
2. On or about March 5, 2004, in the District
of Columbia,
I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, having taken an oath to
testify truthfully in a proceeding before a grand
jury of the United States, knowingly made a false
material declaration, in that he gave the following
testimony regarding a conversation that he
represented he had with Tim Russert of NBC News, on
or about July 10, 2003 (underlined portions alleged
as false):
. . . . And then he said, you know, did you
know that this -- excuse me, did you know that
Ambassador Wilson's wife works at the CIA? And I was
a little taken aback by that. I remember being taken
aback by it. And I said -- he may have said a little
more but that was -- he said that. And I said, no, I
don't know that. And I said, no, I don't know that
intentionally because I didn't want him to take
anything I was saying as in any way confirming what
he said, because at that point in time I did not
recall that I had ever known, and I thought this is
something that he was telling me that I was first
learning. And so I said, no, I don't know that
because I want to be very careful not to confirm it
for him, so that he didn't take my statement as
confirmation for him.
Now, I had said earlier in the conversation,
which I omitted to tell you, that this -- you know,
as always, Tim, our discussion is off-the-record if
that's okay with you, and he said, that's fine. So
then he said -- I said -- he said, sorry -- he, Mr.
Russert said to me, did you know that Ambassador
Wilson's wife, or his wife, works at the CIA? And I
said, no, I don't know that. And then he said, yeah
-- yes, all the reporters know it. And I said,
again, I don't know that. I just wanted to be clear
that I wasn't confirming anything for him on this.
And you know, I was struck by what he was saying in
that he thought it was an important fact, but I
didn't ask him anymore about it because I didn't
want to be digging in on him, and he then moved on
and finished the conversation, something like that.
3. In truth and fact, as LIBBY well knew when
he gave this testimony, it was false in that:
a. Russert did not ask LIBBY if LIBBY knew
that Wilson's wife worked for the CIA, nor did he
tell LIBBY that all the reporters knew it; and
b. At the time of this conversation, LIBBY was
well aware that Wilson's wife worked at the CIA;
In violation of Title 18, United States Code,
Section 1623.
COUNT FIVE
(Perjury)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1-30 of
Count One as though fully set forth herein.
2. On or about March 5, 2004 and March 24,
2004, in the District of Columbia,
I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, having taken an oath to
testify truthfully in a proceeding before a grand
jury of the United States, knowingly made a false
material declaration, in that he gave the following
testimony regarding his conversations with reporters
concerning the employment of Joseph Wilson's wife by
the CIA (underlined portions alleged as false):
a. Testimony Given on or about March 5, 2004
Regarding a Conversation With Matthew Cooper on or
About July 12, 2003:
Q. And it's your specific recollection that
when you told Cooper about Wilson's wife working at
the CIA, you attributed that fact to what reporters
--
A. Yes.
Q. -- plural, were saying. Correct?
A. I was very clear to say reporters are
telling us that because in my mind I still didn't
know it as a fact. I thought I was -- all I had was
this information that was coming in from the
reporters.
. . . .
Q. And at the same time you have a specific
recollection of telling him, you don't know whether
it's true or not, you're just telling him what
reporters are saying?
A. Yes, that's correct, sir. And I said,
reporters are telling us that, I don't know if it's
true. I was careful about that because among other
things, I wanted to be clear I didn't know Mr.
Wilson. I don't know -- I think I said, I don't know
if he has a wife, but this is what we're hearing.
b. Testimony Given on or about March 24, 2004
Regarding Conversations With Reporters:
Q. And let me ask you this directly. Did the
fact that you knew that the law could turn, the law
as to whether a crime was committed, could turn on
where you learned the information from, affect your
account for the FBI when you told them that you were
telling reporters Wilson's wife worked at the CIA
but your source was a reporter rather than the
Vice-President?
A. No, it's a fact. It was a fact, that's what
I told the reporters.
Q. And you're, you're certain as you sit here
today that every reporter you told that Wilson's
wife worked at the CIA, you sourced it back to other
reporters?
A. Yes, sir, because it was important for what
I was saying and because it was -- that's what --
that's how I did it.
. . . .
Q. The next set of questions from the Grand
Jury are -- concern this fact. If you did not
understand the information about Wilson's wife to
have been classified and didn't understand it when
you heard it from Mr. Russert, why was it that you
were so deliberate to make sure that you told other
reporters that reporters were saying it and not
assert it as something you knew?
A. I want -- I didn't want to -- I didn't know
if it was true and I didn't want people -- I didn't
want the reporters to think it was true because I
said it. I -- all I had was that reporters are
telling us that, and by that I wanted them to
understand it wasn't coming from me and that it
might not be true. Reporters write things that
aren't true sometimes, or get things that aren't
true. So I wanted to be clear they didn't, they
didn't think it was me saying it. I didn't know it
was true and I wanted them to understand that. Also,
it was important to me to let them know that because
what I was telling them was that I don't know Mr.
Wilson. We didn't ask for his mission. That I didn't
see his report. Basically, we didn't know anything
about him until this stuff came out in June. And
among the other things, I didn't know he had a wife.
That was one of the things I said to Mr. Cooper. I
don't know if he's married. And so I wanted to be
very clear about all this stuff that I didn't, I
didn't know about him. And the only thing I had, I
thought at the time, was what reporters are telling
us.
. . . .
Well, talking to the other reporters about it,
I don't see as a crime. What I said to the other
reporters is what, you know -- I told a couple
reporters what other reporters had told us, and I
don't see that as a crime.
3. In truth and fact, as LIBBY well knew when
he gave this testimony, it was false in that LIBBY
did not advise Matthew Cooper or other reporters
that LIBBY had heard other reporters were saying
that Wilson's wife worked for the CIA, nor did LIBBY
advise Cooper or other reporters that LIBBY did not
know whether this assertion was true;
In violation of Title 18, United States Code,
Section 1623.
A TRUE BILL:
FOREPERSON
PATRICK J. FITZGERALD
Special Counsel
http://www.apfn.org/apfn/leakgate.htm
10-28-05:
Here is Fitzgerald.
* Investigators are set up to gather the
facts ... who, what, when, where, and why
* Investigations have to be done in
secrecy, especially if it involves national
security
* You have to have the fact before you
let the information out; no charges, no
leads
* This was conducted in secrecy because
it shows the integrity of the law as well as
the dafeguards afforded to citizens put to
trial under our countries laws
* This was not just done to Valerie Plame,
this was done to all of us
* Obstruction of justice charges as no
less than leak of information charges
because this has compromised national
security
* Scooter Libby is innocent until proven
guilty
* The investigation was about gathering
information for evidence that there was
wrongdoing
* I cannot give you any information or
give you any names ... I can't tell you want
I am working on ... I don't like this but
it's the law ... and I think the law is
right
* People in the CIA need to know other
government officials are not going to
* Witnesses are not bound by the secrecy
of a grand jury but everybody else working
on it are --we could go to jail if we leaked
any information
* My job is to investigate if Scooter
Libby can be charged
* "I wished Ms. Miller would not have
spent a minute in jail but I think it has to
be done"
There is a lot to learn from a reporter,
especially as to how a crime is not
committed but when you have a reporter who
is a witness of the crime, you haev to do
whatever it takes to get the facts [ By the
way, this is the one moment he got emotional
about this whole case].
* He does not have the jurisdiction for
writing a final report. He believes it
should stay as a criminal investigation.
* I am not an independent counsel and I
am very comfortable with that.
* We have to deal with false statements
and obstruction of justice all the time ...
our jobs in the criminal justice system is
to have people tell us the truth ...
* Might as well hand our jobs if we don't
hold high ranking officials to the same
standards
http://www.culturekitchen.com/archives/003539.html
