Attorneys
representing Vice President Dick Cheney's former chief of staff in the CIA leak
case believe they have a rock solid defense to present in their client's
perjury and obstruction of justice trial expected to begin next year.
In
numerous court filings over the past few months, lawyers for I. Lewis
"Scooter" Libby have maintained that their client did not
intentionally lie to federal investigators and a grand jury regarding the role
he played in the leak of covert CIA operative Valerie Plame Wilson during the
summer of 2003.
Instead,
Libby's attorneys have said that their client was dealing with other, more
crucial matters, such as the Iraq war, terrorism, and national security and
simply forgot about how he first learned that Plame was employed by the CIA
when he told the grand jury -- untruthfully -- that a reporter told him that
she worked for the spy agency.
However,
that defense strategy may unravel when Special Prosecutor Patrick Fitzgerald
calls to the stand some of Libby's former White House colleagues who have
promised to tell a much different story about Libby's alleged memory lapse,
according to six sources close to Fitzgerald's investigation.
A
secretary for Ted Wells, one of Libby's defense attorneys, said Wells was
traveling. The secretary wrote down questions for Wells and said she passed
them on to him. But he did not respond. A second and third attempt to reach
Wells were unsuccessful.
Libby
was indicted in October on five counts of perjury, obstruction of justice, and
lying to investigators about his role in the leak. The case grew out of a 2002
intelligence query from the vice president's office about Iraq's attempts to
purchase uranium from Niger. Cheney asked the CIA for information on a report
claiming Iraq tried to purchase 500 tons of yellowcake uranium from the African
country.
In
response to Cheney's questions, the CIA sent former Ambassador Joseph Wilson on
a fact-finding mission to Niger to investigate the claims. Wilson's wife,
Valerie Plame Wilson, was working undercover at the CIA at the time and told
her superiors that her husband had good contacts in Niger. When Wilson
returned, he reported back to the CIA that the uranium intelligence was bogus.
But in
January 2003, President Bush in his State of the Union address cited Iraq's
attempts to purchase uranium as a sign of President Saddam Hussein's interest
in acquiring nuclear weapons. In July, Wilson wrote an op-ed column for the New
York Times saying the administration "twisted" intelligence on the
Iraqi threat and inserted the uranium claims into the president's State of the
Union address to win support for the war.
Some of
the officials who worked with Libby in the office of the vice president and who
are said to have faced criminal charges in the case have made deals with the
special prosecutor in exchange for their testimony, sources close to the case
said.
Other
officials who work or worked in the State Department, the CIA, and the National
Security Council at the time of the leak have also decided to cooperate with
Fitzgerald; however, it's unknown whether these people faced any criminal
charges before agreeing to testify at a trial.
Libby
was questioned by investigators twice in 2003 -- in October and November -- and
he testified in 2004, repeating the answers to questions he had provided to
investigators months earlier: that he did he retaliate against the ambassador's
criticism of the administration's rationale for war, and that he found out
Wilson's wife worked at the CIA from reporters.
It was
revealed last year that Libby had actually been a source for at least two
reporters who wrote about Plame Wilson in July of 2003.
When
Libby's trial begins in 2007, Libby's claim of forgetfulness is expected to be
contradicted by his former colleagues who worked closely with him on foreign
policy issues. These officials have told Fitzgerald over the past year that
Libby continued his campaign against Wilson long after Libby and other White
House officials allegedly unmasked Plame Wilson's identity to reporters in late
June and early July 2003.
In
September 2003, Libby is said to have first instructed his staff to monitor the
Internet for any new articles related to Wilson and his wife during this time
and provide him with printed versions, which he kept in a binder, the sources
said.
The
sources close to the case said the officials also told Fitzgerald that Libby's
"obsession" with Wilson lasted well into October 2003 -- the first
time Libby was questioned by investigators probing the leak -- and into March
of 2004, when Libby testified before the grand jury.
Additionally,
these officials are expected to testify at Libby's criminal trial that during
the time of Libby's grand jury appearance in 2004, the time frame in which his
attorneys say Libby allegedly forgot about Wilson and his wife, Libby had a
packet of information on Wilson that included every comment, interview and
media appearance Wilson had made since early 2003 when Wilson first started to
criticize the administration's rationale for war.
Moreover,
the administration officials told Fitzgerald that, from September 2003 through
March 2004, Libby urged White House communications director Dan Bartlett on numerous
occasions to aggressively respond to Wilson's further attacks against the
administration. Libby's attorneys have said in court documents that Libby had
forgotten about Wilson during this time and that is the reason his grand jury
testimony wasn't accurate.
Libby
also discussed with Cheney and other aides to the vice president Wilson's
relentless "campaign against the administration" and sought his
colleagues' support for issuing a response, one person close to the
investigation said.
"Mr.
Libby was a lone wolf in that regard," this person said. "He did not
receive any backing from the administration. Everyone thought he should just
let it go."
Still,
Libby's attorneys have said in several court documents that during his grand
jury testimony, nearly eight months after the leak, Libby had been dealing with
more serious matters and as a result he could not remember the true facts about
Plame Wilson or how and when he first learned about her, because it took place
months earlier.
Weeks
before he was questioned by investigators probing the leak in November 2003,
people close to the case said Libby had discussed Wilson with unnamed
individuals of the Republican National Committee and sought help in
discrediting Wilson.
Libby
reportedly became angry when Joseph Wilson's book, "The Politics of
Truth," was released in April 2004. He had been closely following the
book's release during the prior weeks, which coincides with his grand jury
appearance, and had again pressed the White House to respond to certain
passages he believed were untrue, according to sources close to the case.
"The
Wilson affair was still very much on his mind," said one attorney who is
representing a witness in the case. "Mr. Libby seemed to be consumed by
it."
© 2006 Jason Leopold
Jason Leopold is the author
of the forthcoming memoir, NEWS JUNKIE, to be published in April on
Process/Feral House Books. Visit www.newsjunkiebook.com for a preview
and to read an excerpt