United States V. Libby - CIA Grand Jury Investigation

CIA Grand Jury Investigation

On December 30, 2003, Patrick J. Fitzgerald was named Special Counsel by Deputy Attorney General James B. Comey and charged with conducting the investigation into the Plame affair. Fitzgerald was granted the full plenary power of the Attorney General in the Libby case, as clarified by Comey in letters of February 6, 2004, and August 12, 2005.

On October 28, 2005, after twenty-two months of the investigation, Special Counsel Fitzgerald indicted Libby in the United States District Court for the District of Columbia. On November 3, 2005, Libby appeared at his arraignment before Judge Reggie B. Walton and pled not guilty.

The text of the filed indictment includes: one count of obstruction of justice (Title 18, United States Code, section 1503) for impeding the grand jury's investigation; two counts of perjury (18 USC §1623) for lying under oath before the grand jury on March 5 and March 24, 2005; and two counts of making false statements (18 USC §1001(a)(2)) and in connection with for making "materially false and intentionally misleading statements" to FBI agents who interviewed him on October 14 and November 26, 2004.

David Corn speculated that Libby is using Graymail as a defense tactic, based on the large amount of classified material that has been requested by his defense and the addition of the graymail expert John D. Cline to his defense team.

On February 3, 2006, Walton set a trial date of January 8, 2007.

On February 3, 2006, the defense subpoenaed The New York Times, its former reporter Judith Miller, who had been jailed for 85 days after refusing to tell the grand jury about conversations she had with Libby, Time magazine and its reporter Matthew Cooper, and Tim Russert of NBC News for documents related to the Plame affair. According to Pete Yost of the Associated Press, the subpoenaed reporters and organizations would have until April 7 to turn over the material or challenge the subpoenas:

The subpoena to Miller seeks her notes and other materials, including documents concerning Plame prepared by Miller and Times columnist Nicholas D. Kristof.
Kristof wrote the first account of the criticism that Plame's husband was leveling at the Bush administration. Referring to Plame's husband, though not by name, a May 6, 2003, Times column by Kristof raised the possibility the Bush administration might have disregarded prewar intelligence suggesting Iraq did not have weapons of mass destruction.
Three weeks after Kristof's column appeared, Libby started making inquiries at the State Department about the unnamed envoy in Kristof's column, according to the indictment.
The subpoena to the Times also calls for:
— Documents of contacts between any Times employee and any of eight people, including then-CIA Director George Tenet and then-White House spokesman Ari Fleischer, regarding Joe Wilson.
—Documents concerning a recent Vanity Fair article in which Miller said she talked to many people in the government about Plame.
—Drafts of a personal account by Miller, published in the Times, about her grand jury testimony.
—Documents regarding Miller's interactions with a Times editor in which Miller may have been told to pursue a story about Joe Wilson and a trip he made to Niger on behalf of the CIA.

On February 9, 2006, Murray Waas reported in The National Journal that Libby had testified to the grand jury that he had been authorized by his superiors to disclose classified information regarding intelligence estimates of Iraq's weapons programs. Waas identified Vice President Cheney as one such superior on the basis of unpublished statements of lawyers with knowledge of the situation and documents that Waas says were filed with the court.

On February 23, 2006, Libby's attorneys filed a motion to dismiss the indictment against him. According to Toni Locy, reporting for the Associated Press, "The defense attorneys ... said Fitzgerald's appointment violated federal law because his investigation was not supervised by the attorney general." Libby's attorneys argued that only the U.S. Congress can approve such an arrangement," and that the appointment of Fitzgerald as Special Counsel by then-United States Deputy Attorney General James B. Comey, himself acting as Attorney General in Ashcroft's place, violated the Appointments Clause (United States Constitution, Article II § 2).

On April 5, 2006, court filings distributed widely in the press and news media the next day, revealed that Libby had testified during the grand jury investigation about information that Vice President Cheney and President Bush had authorized disclosing; reportedly, the original intent of the filing was to restrict Libby's access to further classified information in defense discovery.

A court filing by Libby's defense team argued that Valerie Plame was not foremost on the minds of administration officials as they sought to rebut charges made by her husband, Joseph Wilson, that the White House manipulated intelligence to make a case for invasion. The filing indicates that Libby's lawyers don't intend to say he was told to reveal Plame's identity.

On May 24, 2006, Fitzgerald filed a response to a motion by Libby's lawyers, offering summaries of Libby's grand jury testimony and excerpts from Libby's testimony of March 5, 2004 and March 24, 2004.

On September 22, 2006, according to Matt Apuzzo for the Associated Press, Libby's attorney's reported that "Libby Plans to Testify in CIA Leak Trial" United States v. Libby in his own defense.