Bob Woodward tosses a spanner into the Plame leak chronology developed by Special Counsel Fitzgerald:
Washington Post Assistant Managing Editor Bob Woodward testified
under oath Monday in the CIA leak case that a senior administration
official told him about CIA operative Valerie Plame and her position at
the agency nearly a month before her identity was disclosed.
In a
more than two-hour deposition, Woodward told Special Counsel Patrick J.
Fitzgerald that the official casually told him in mid-June 2003 that
Plame worked as a CIA analyst on weapons of mass destruction, and that
he did not believe the information to be classified or sensitive, according to a statement Woodward released yesterday.
As noted by Libby's counsel, that does not jibe well with the assertion made by Mr. Fitzgerald at his press conference that "In fact, Mr. Libby was the first official known to have told a reporter
when he talked to Judith Miller in June of 2003 about Valerie Wilson." (Give Fitzgerald props for qualifying this with "known to", but check (f) in the ERRATA).
This disclosure by Woodward raises many questions, starting with, why is he only coming forward now, and why is the "senior Administration official" only coming forward now [Note - it seems to be an "Administration official" in Woodward's statement].
However - the goal of the Libby defense team will be to create reasonable doubt about the scenario being presented by Fitzgerald (see indictment). With Bob Woodward as a potential witness, the defense can have fun with an updated version of the old Watergate question - "What else did Fitzgerald not know, and when did he not know it?"
For starters, Andrea Mitchell of NBC has recently backpedaled from her statement of Oct 3, 2003, when she admitted that, among reporters who were probing the Wilson/Niger story, it was "widely known" that Joe Wilson's wife worked for the CIA.
Based on the Woodward story, we have clear indications that at least one reporter, Woodward, knew about a Wilson and wife connection and kept quiet. Is he the only one?
If Fitzgerald lacks for names, we have some here: In addition to Ms. Mitchell, Martin Peretz, Hugh Sidey, Cliff May, and General Vallely may be worth a chat.
The defense is going to hammer this point - reporters are not interested in giving up their sources, and the best way for reporters to avoid a court fight is to conceal the fact that they have relevant information. If Fitzgerald was waiting around for volunteers, that wasn't going to get it done.
Fitzgerald blew it - he had White House phone logs, he had sign in sheets, he had Libby's notes, he had testimony from many, many people, he had two years, and still, somehow, he did not include Bob Woodward on his contacts-of-interest list.
As to the specifics of the Libby indictment, a bold prosecutor might press ahead - arguably, Libby's statement that he believed he was hearing about Plame for the first time when he spoke to Russert is still false, and arguably, Libby's assertions that he sourced his knowledge to other reporters when he spoke to Miller and Cooper are also false.
But it will take a mighty straight-faced jury to focus exclusively on that if the defense can bring in a parade of reporters that may have, directly or indirectly, put the Wilson and wife story in Libby's ear.
And in the court of public opinion, a Bush pardon in Jan 2009 becomes a lot less politically charged if earnest Reps (and John McCain!) are convinced that the prosecution was deeply flawed.
ERRATA: (a) Per the WaPo story, Woodward spoke with "a senior administration official". But in Woodward's statement, he "testified under oath...about small portions of
interviews I conducted with three current or former Bush administration
officials".
Did the WaPo award a battlefield promotion to one of Woodward's sources? And let's keep an eye on "former".
(b) The WaPo tells us that Libby and Woodward met on June 27. Fair enough, but they also spoke by phone on June 23, the day Libby spoke with Judy Miller. Woodward does not recall a discussion of Wilson's wife, but he has no notes. Groan.
Bonus puzzle - did Libby testify about this conversation? Was it in his notebook, or phone logs? Was he emphatic that he and Woodward did *not* discuss Wilson's wife? Obviously, some answers are better than others for Libby's defense.
(c) Apparently, Woodward spoke with "X" in "mid-June", "Y" on June 20 [the WaPo tells us that "Y" is Andy Card], and Libby on June 23 (telephone) and June 27 (a meeting).
Woodward says that with "Y", "I have no recollection of asking about [Wilson's wife], and that the tape-recorded interview contains no indication that the subject arose."
Well. Why so coy about the first date? If revealing the date would reveal a key clue about the source, it strongly suggests that the source was in on "the secret" from the start. The infamous INR memo was circulated at the State Dept and (we presume) discussed at a White House meeting in mid-June.
(d) Not a flicker at Gamblers Anonymous, where the contract for Libby Guilty has been steady at a 50% probability.
(e) This revelation by Woodward, and the possibility of more by other reporters, may force Fitzgerald to cross the Rubicon and confront the issue of whether Libby, or anyone else, can be prosecuted for misuse of classified information. The earlier analysis was that, by lying about his information from reporters, Libby made that prosecution problematic (mens rea, state of mind, intent - all relevant, all potentially mitigated if Libby thought he was passing along harmless buzz). To counter that, Fitzgerald, figuring that jail is jail, went for the seemingly easier perjury/obstruction charges against Libby.
But if it turns out that it cannot be proven that Libby was lying about hearing it from reporters, Fitzgerald may come back with the big stick. Or go back to Chicago.
(f) Later in his press conference, Fitzgerald says this:
At the end of the day what appears is that Mr. Libby's story that he
was at the tail end of a chain of phone calls, passing on from one
reporter what he heard from another, was not true.
It was false. He was at the beginning of the chain of phone calls,
the first official to disclose this information outside the government
to a reporter. And then he lied about it afterwards, under oath and
repeatedly.
That looks a bit light just now.
(g) How about Dick Cheney as Woodward's source? I am intrigued by the idea of Cheney emerging from his secure undisclosed location to throw Libby a rope. And I wonder whether Fitzgerald would even think about indicting Cheney for misuse of classified information - can't Cheney go with a "I'm the VP, it's declassified when I say it is?" defense? I don't know the answer to that, but I don't need to.
If Cheney was Woodward's source, I want him impeached on totally different grounds - utter gutlessness. C'mon, the guy who is leading the fight against Al Qaeda can't even stand up in July 2003 and say, "You're damn right I ordered the Code Red"?
If one of Cheney's aides, or someone at State, or even Colin Powell himself wanted to steer clear of legal trouble and watch Fitzgerald's investigation play out, well, whatever. But that won't work with Cheney - if he knew he had personally leaked this in June of 2003, he should have said so a long time ago (I'll settle for October 2003, when the criminal referral was announced).
MORE REACTION: Best title, and contending for best round-up - Decision '08, "Bob Woodward: The Grinch Who Stole Fitzmas".
From Editor and Publisher: Walter Pincus explains his chat with Bob Woodward, and Former Washington Post Executive Editor Ben Bradlee throws another log on my fire while defending Bob Woodward's two years of silence:
Former Washington Post Executive Editor Ben Bradlee
today defended Bob Woodward, who revealed in a story Wednesday that he
waited more than two years before disclosing to current Post editors a
conversation he had in 2003 with a White House official about CIA Agent
Valerie Plame.
"I don't see anything wrong with that," said Bradlee,
who ran the Post during the turbulent Watergate coverage that made
Woodward famous. "He doesn't have to disclose every goddamn thing he
knows."
Really? If this was conventional journalistic ethics at work, how about Andrea Mitchell, then? How about Walter Pincus, who was all over this story in June, has never denied receiving other leaks, and, apparently, was never asked that question by Fitzgerald?
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