I.
Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney, has told federal investigators that he
met with
New York Times reporter Judith Miller on July 8, 2003, and discussed CIA operative Valerie Plame, according
to legal sources familiar with Libby's account.
The meeting between Libby and Miller has been a central focus of the investigation
by special prosecutor Patrick J. Fitzgerald as to whether any Bush administration official broke the law by unmasking Plame's
identity or relied on classified information to discredit former Ambassador Joseph C. Wilson, according to sources close to
the case as well as documents filed in federal court by Fitzgerald.
The meeting took place in Washington, D.C., six
days before columnist Robert Novak wrote his now-infamous column unmasking Plame as a "CIA operative." Although
little noticed at the time, Novak's column would cause the appointment of a special prosecutor, ultimately place in potential
legal jeopardy senior advisers to the president of the United States, and lead to the jailing of a New York Times
reporter.
The meeting between Libby and Miller also occurred during a week of intense activity by Libby and White
House deputy chief of staff Karl Rove aimed at discrediting Plame's husband, Wilson, who on July 6, 2003, had gone public
in a New York Times opinion piece with allegations that the Bush administration was misrepresenting intelligence
information to make the case to go to war with Iraq.
Miller was jailed in July -- two years to the day after Wilson's
Times op-ed appeared -- for civil contempt of court after she refused to answer questions posed to her by Fitzgerald's
grand jury regarding her contacts discussing Plame with Libby and other Bush administration officials. Ironically, even though
she never wrote a story about Plame, she has so far been the only person jailed in the case.
The new disclosure that
Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration
have done everything possible to assist Fitzgerald's grand-jury probe. Sources close to the investigation, and private attorneys
representing clients embroiled in the federal probe, said that Libby's failure to produce a personal waiver may have played
a significant role in Miller's decision not to testify about her conversations with Libby, including the one on July 8, 2003.
Libby signed a more generalized waiver during the early course of the investigation granting journalists the right
to testify about their conversations with him if they wished to do so. At least two reporters -- Walter Pincus of The
Washington Post and Tim Russert of NBC -- have testified about their conversations with Libby.
But Miller has
said she would not consider providing any information to investigators about conversations with Libby or anyone else without
a more specific, or personal, waiver. She said she considers general waivers to be inherently coercive. Bill Keller, the executive
editor of The New York Times, has previously said Miller had not been granted "any kind of a waiver …
that she finds persuasive or believes was freely given."
Libby has never offered to provide such a personalized
waiver for Miller, according to three legal sources with first-hand knowledge of the matter. Joseph A. Tate, an attorney for
Libby, declined to comment for this story.
In response to questions for this article, Catherine J. Mathis,
a spokesperson for the Times, said, "We don't have any comment regarding Ms. Miller's whereabouts on July 8,
2003." She also added, "Ms. Miller has not received a waiver that she believes to be freely given."
It is also unclear whether Miller would testify to Fitzgerald's grand jury even if she were to receive such a personalized
waiver from Libby. Her attorney, Floyd Abrams, said in an interview: "Judith Miller is in jail and at continued jeopardy.
... I have no comment about what she might do in circumstances that do not now exist."
But numerous people involved
in the case said in interviews for this story that a personalized waiver for Miller by Libby could potentially pave the way
for Miller's release. Miller's testimony, in turn, might be crucial to a determination as to whether anyone might be criminally
charged, and even to a potential end to the criminal investigation.
At least two attorneys representing private clients
who are embroiled in the Plame probe also privately questioned whether or not President Bush had encouraged Libby to provide
a personalized waiver for Miller in an effort to obtain her cooperation.
In a memorandum distributed to White House
staff members shortly after the investigation became known, Attorney General Alberto Gonzalez, who at the time was White House
counsel, wrote, "The president has directed full cooperation with this investigation." Bush himself said: "[I]f
there is a leak out of my administration, I want to know who it is. And if the person has violated the law, the person will
be taken care of."
Congressman Rush Holt, Democrat of New Jersey and a member of the House Intelligence Committee,
while sidestepping the specifics as to whether Bush should order Libby to provide a personalized waiver for Miller, said in
an interview Friday evening: "I would say the president has the power to help us get to the bottom of this matter. And
we in Congress want to do this not so much for what has happened but to prevent such a thing from happening again."
Just how crucial Miller's testimony -- most notably her meeting with Libby -- might be to concluding Fitzgerald's investigation
is best underscored in part by a filing in federal court last March that his investigation had been "for all practical
purposes complete" as long as six months earlier, except for the potential testimony of Miller and Time magazine
correspondent Matthew Cooper.
The investigation had become “stalled,” Fitzgerald asserted, almost entirely
by the refusal of Miller and Cooper to testify. Declaring that “[t]he public's right to have this investigation concluded
diligently should be delayed no further," Fitzgerald sought the jailing on civil contempt of court charges of both Miller
and Cooper.
Facing civil penalties, Time magazine abruptly reversed course and turned over its confidential
notes to Fitzgerald, while Cooper testified to the federal grand jury about his conversations with Rove, Libby, and others
regarding Plame and Wilson. In contrast, Miller refused to cooperate with prosecutors and was ordered to jail.
More
specifically, the importance prosecutors attach to learning what occurred during Miller's meeting with Libby is illustrated
by a subpoena by Fitzgerald's grand jury of Miller on August 20, 2004, for "any and all documents (including notes, e-mails,
or other documents) relating to any conversations, occurring on or about July 6, 2003 to on or about July 13, 2003, between
Judith Miller and a government official whom she met in Washington D.C. on July 8, 2003, concerning Valerie Plame Wilson."
Miller was also ordered to bring to the grand jury "documents provided to Judith Miller by such government official
on July 8, 2003."
Details of the subpoena to Miller were first disclosed in a story in Newsday by reporter
Tom Brune.
In an affidavit prepared by Miller to respond to the request, Miller said she "did not receive any
documents" from the person she met, but declined to say who the person was that she met on July 8.
In subsequent
court papers filed in federal court by attorneys for Miller and The New York Times, the newspaper said that Miller
"had no documents responsive" to Fitzgerald's request of any documents given to her on July 8, 2003.
But
Miller's affidavit and other court filings by the Times -- and the narrow language contained therein -- did not say
whether Miller might have read or reviewed any documents that might have brought to the July 8, 2003, meeting.
And
an attorney in private practice who once worked closely with Fitzgerald while both men were federal prosecutors said that
the specific nature of Fitzgerald's request was a "good indication that [Fitzgerald] has specific information ... or
perhaps even a witness who saw, or had other information" that Libby "might have brought documents to the meeting
with Miller."
In her affidavit, Miller also asserted: "I have never written an article about Valerie Plame
or Joe Wilson. I did however contemplate writing one or more articles in July 2003, about issues related to Ambassador Wilson's
op-ed piece. In preparation for those articles, I spoke and/or met with several potential sources. One or more of those potential
sources insisted as a precondition to providing information to me, that I agree to maintain the confidentiality of their identity."
The Libby-Miller meeting and the publication of Novak's column unmasking Valerie Plame as a CIA "operative"
came during an intensive period of time while senior White House officials were scrambling to discredit her husband, former
Ambassador Wilson, who was then asserting that the Bush administration had relied on faulty intelligence to bolster its case
to go to war with Iraq.
Wilson had only recently led a CIA-sponsored mission to Niger to investigate claims that Saddam
Hussein was covertly attempting to buy enriched uranium from the African nation to build a nuclear weapon. Wilson reported
back that the allegations were most likely the result of a hoax.
But President Bush had still cited the Niger allegations
during his 2003 State of the Union address as evidence that Hussein had an aggressive program to develop weapons of mass destruction.
When Wilson sought out White House officials believing they did not know all the facts, he was rebuffed. He then went
public with his criticism of the Bush administration. It was then that senior administration officials began their campaign
to discredit Wilson to counter his criticisms of them.
Rove and Libby, and to a lesser extent then-deputy National
Security Council (NSC) adviser Stephen J. Hadley (who is currently Bush's NSC adviser), directed these efforts. Both Rove
and Libby discussed with Novak, Cooper, and other journalists the fact that Wilson's wife worked for the CIA, and that she
was responsible for sending him to Niger, in an effort to discredit him.
The manner by which Rove and Libby learned
of Plame's employment as a CIA employee before they shared that information with journalists is central to whether any federal
criminal laws regarding classified information were violated. Rove and Libby have reportedly claimed that they learned of
the information from journalists.
But investigators have focused on whether Rove or Libby rather first learned about
Plame's CIA employment and her possible role in recommending that her husband be sent to Niger from a classified State Department
memo circulated to senior Bush administration officials in the days just prior to their conversations with journalists.
Dated June 10, 2003, the memo was written for Marc Grossman, then the undersecretary of state for political affairs. It mentioned
Plame, her employment with the CIA, and her possible role in recommending her husband for the Niger mission because he had
previously served in the region. The mention of Plame's CIA employment was classified "Secret" and was contained
in the second paragraph of the three-page classified paper.
On July 6, 2003, Wilson published his New York Times
op-ed and appeared on Meet the Press. The following day, on July 7, the memo was sent to then-secretary of state
Colin L. Powell and other senior Bush administration officials, who were scrambling to respond to the public criticism. At
the time, Powell and other senior administration officials were on their way to Africa aboard Air Force One as members of
the presidential entourage for a state visit to Africa.
Rove and Libby apparently were not on that trip, according
to press accounts. But a subpoena during the earliest days of the Plame investigation demanded records related to any telephone
phone calls to and from Air Force One from July 7 to July 12, during Bush's African visit.
On July 8, Novak and Rove
first spoke about Plame, according to numerous press accounts. That was also the day that Libby and Miller met in Washington,
D.C., to discuss Plame.
On July 9, then-CIA director George Tenet ordered aides to draft a statement that the Niger
information that the President relied on "did not rise to the level of certainty which should be required for the presidential
speeches, and the CIA should have ensured that it was removed." Rove and Libby were reportedly involved in the drafting
of that statement's language.
Three days later, on July 11, Rove spoke about Plame to Cooper.
On the following day, July 12, an administration official -- apparently not Rove or Libby -- told Washington Post
reporter Walter Pincus that Wilson was sent to Niger on the recommendation of his wife. But Pincus has said that he did not
publish a story because he “did not believe it true.”
Two days later, on July 14, Novak published his
column disclosing Plame's employment with the CIA, describing her as an "agency operative" and alleging that she
suggested her husband for the Niger mission.
According to Novak's account, it was he, not Rove, who first broached
the issue of Plame's employment with the CIA; Rove at most simply said that he, too, had heard much the same information.
Rove had provided a similar account to investigators.
On July 17, Time magazine posted its own story online,
which said: "[S]ome government officials have noted to Time in interviews ... that Wilson's wife, Valerie Plame,
is a CIA official who monitors the proliferation of weapons of mass destruction. These officials have suggested that she was
involved in her husband's being dispatched to Niger."
Because the information in the classified State Department
memo and what was reported in Novak's column and the Time story were so strikingly similar, investigators have vigorously
pursued whether Rove, Libby, and others learned of her CIA employment either from the memo, someone else in the administration,
or other classified references to Plame circulating within the White House.
Fitzgerald's staff and grand jury have
queried a slew of Bush administration officials as to who received and read the classified State memorandum; whether Rove
or Libby learned that Plame was employed with the CIA either directly from the memorandum or from others who had read it;
and whether any reporters had conversations regarding the matter with Rove and Libby.
Libby has reportedly told Fitzgerald
that he first learned of Plame's identity from NBC Washington bureau chief Tim Russert. But Russert has told investigators
that he never told Libby about Plame. Rove said that he first learned the information from his conversation with Robert Novak.
By saying that they learned the information from reporters, the stakes are dramatically raised for the two White House
aides: If it turns out that it can be shown that they learned the information from a classified source, such as the State
Department memo, they could be in legal jeopardy for disclosing classified information. And if they misled investigators or
the federal grand jury on that question, that trouble could be compounded.
The one person with some of the answers
as to whether Libby is telling the truth very well may be Judith Miller. But she currently is incarcerated in an Alexandria
jail. Lewis Libby may possibly have the ability to ascertain Miller's release by simply signing a specific, personal waiver
that she disclose what she knows.
But Libby does not appear to be willing to do that.
And the president of
the United States -- at whose pleasure Libby serves and who has vowed to do everything possible to get to the truth of the
matter -- does not appear to be likely to direct Libby to grant such a waiver any time soon.
Murray Waas is an investigative reporter. He will be reporting further about the Plame grand jury on his blog, Whatever Already.