Posted on 07/12/2006 3:55:19 AM PDT by Chi-townChief
WASHINGTON -- Special Prosecutor Patrick Fitzgerald has informed my attorneys that, after 2-1/2 years, his investigation of the CIA leak case concerning matters directly relating to me has been concluded. That frees me to reveal my role in the federal inquiry that, at the request of Fitzgerald, I have kept secret.
I have cooperated in the investigation while trying to protect journalistic privileges under the First Amendment and shield sources who have not revealed themselves. I have been subpoenaed by and testified to a federal grand jury. Published reports that I took the Fifth Amendment, made a plea bargain with the prosecutors or was a prosecutorial target were all untrue.
For nearly the entire time of his investigation, Fitzgerald knew -- independent of me -- the identity of the sources I used in my column of July 14, 2003. A federal investigation was triggered when I reported that former Ambassador Joseph Wilson's wife, Valerie Plame Wilson, was employed by the CIA and helped initiate his 2002 mission to Niger. That Fitzgerald did not indict any of these sources may indicate his conclusion that none of them violated the Intelligence Identities Protection Act.
Presidential adviser Karl Rove talks with columnist Robert Novak at a party celebrating the 40th anniversary of Novak’s column in June 2003. Rove’s button reads, “I’m a source, not a target.” (AP)
Some journalists have badgered me to disclose my role in the case, even demanding I reveal my sources -- identified in the column as two senior Bush administration officials and an unspecified CIA source. I have promised to discuss my role in the investigation when permitted by the prosecution, and I do so now.
The news broke Sept. 26, 2003, that the Justice Department was investigating the CIA leak case. I contacted my longtime attorney, Lester Hyman, who brought his partner at Swidler Berlin, James Hamilton, into the case. Hamilton urged me not to comment publicly on the case, and I have followed that advice for the most part.
The FBI soon asked to interview me, prompting my first major decision. My attorneys advised me that I had no certain constitutional basis to refuse cooperation if subpoenaed by a grand jury. To do so would make me subject to imprisonment and inevitably result in court decisions that would diminish press freedom, all at heavy personal legal costs.
Sources signed waivers
I was interrogated at the Swidler Berlin offices on Oct. 7, 2003, by an FBI inspector and two agents. I had not identified my sources to my attorneys, and I told them I would not reveal them to the FBI. I did disclose how Valerie Wilson's role was reported to me, but the FBI did not press me to disclose my sources.
On Dec. 30, 2003, the Justice Department named Fitzgerald as special prosecutor. An appointment was made for Fitzgerald to interview me at Swidler Berlin on Jan. 14, 2004. The problem facing me was that the special prosecutor had obtained signed waivers from every official who might have given me information about Wilson's wife.
That created a dilemma. I did not believe blanket waivers in any way relieved me of my journalistic responsibility to protect a source. Hamilton told me that I was sure to lose a case in the courts at great expense. Nevertheless, I still felt I could not reveal their names.
However, on Jan. 12, two days before my meeting with Fitzgerald, the special prosecutor informed Hamilton that he would be bringing to the Swidler Berlin offices only two waivers. One was by my principal source in the Valerie Wilson column, a source whose name has not yet been revealed. The other was by presidential adviser Karl Rove, whom I interpret as confirming my primary source's information. In other words, the special prosecutor knew the names of my sources.
When Fitzgerald arrived, he had a third waiver in hand -- from Bill Harlow, the CIA public information officer who was my CIA source for the column confirming Mrs. Wilson's identity. I answered questions using the names of Rove, Harlow and my primary source.
Testified before grand jury
I had a second session with Fitzgerald at Swidler Berlin on Feb. 5, 2004, after which I was subpoenaed to appear before the grand jury. I testified there at the U.S. courthouse in Washington on Feb. 25.
In these four appearances with federal authorities, I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.
Primary source not revealed
I have revealed Rove's name because his attorney has divulged the substance of our conversation, though in a form different from my recollection. I have revealed Harlow's name because he has publicly disclosed his version of our conversation, which also differs from my recollection. My primary source has not come forward to identify himself.
When I testified before the grand jury, I was permitted to read a statement that I had written expressing my discomfort at disclosing confidential conversations with news sources. It should be remembered that the special prosecutor knew their identities and did not learn them from me.
In my sworn testimony, I said what I have contended in my columns and on television: Joe Wilson's wife's role in instituting her husband's mission was revealed to me in the middle of a long interview with an official who I have previously said was not a political gunslinger. After the federal investigation was announced, he told me through a third party that the disclosure was inadvertent on his part.
Following my interview with the primary source, I sought out the second administration official and the CIA spokesman for confirmation.
I learned Valerie Plame's name from Joe Wilson's entry in Who's Who in America.
I considered his wife's role in initiating Wilson's mission, later confirmed by the Senate Intelligence Committee, to be a previously undisclosed part of an important news story. I reported it on that basis.
No, the primary source is an Administration official. This means he works in some executive branch agency such as the CIA but not in the White House.
Precisely! And coupled with the statement that the leaker called Novak later to explain his mistaken exposure of Ms. Plame, this still allows for Wilson to be the primary source.
Novak: "Another double Manhattan, Joe? Say, How were you chosen by the CIA for the Niger investigation?"
Wilson: "Thanks for drink, Bob. Well, I had some inside encouragment, my wife works there."
Inadvertant and phrased to be inoccuous. Only problem is that Novak was a good reporter and headed to known resources to find a real name. Good reporters don't just print "his wife" or "Mrs. Joe Wilson".
That won't matter to the MSM/DNC/DU because to them EVERYTHING and EVERYONE is political. If it came from the White House, it's "Bush's fault". Don't try and trick them with facts.
"seems Fitz knew the primary source....I wonder how ?"
I don't know. Fitz had a waiver, but he didn't necessarily know it was the primary source. Because even the primary source may not have known that he was Novak's primary source.
But he (the source) obviously does now, and so does Fitz.
The source may have given Novak the go-ahead to talk with Fitz, but not to disclose it in public, and not in print. Novak would be obliged to adhere to that (unless he wants to burn sources, which he'd never do, or else become a persona non grata in DC).
So the question is, why hasn't Fitz indicted the primary source?
"And coupled with the statement that the leaker called Novak later to explain his mistaken exposure of Ms. Plame, this still allows for Wilson to be the primary source. "
Extraodinarily doubtful. Especially considering that Novak says the source is not a "political gunslinger". Wilson is certainly a political back-shooter.
Nooooo. Don't you see that Joey was uniquely qualified and willing to do something no body else in the whole world was willing to do? Just ask him.
That is more dot connecting than the CIA was willing to do prior to 911
Excellent analysis, and it makes sense, too! Thanks for decoding it for us.
Great! What's your topic?
My book, "America's Victories: Why the U.S. Wins Wars and Will Win the War on Terror."
Novak's on FOX? And you think he's a wise, elder statesman? He's the right wing version of David Broder. Wise, elder statesman= tired, old hack.
From an article on the Google News Page:
"Howard Kurtz of The Washington Post spoke with Novak today, and then reported: "Novak said he and Rove had differing recollections of what happened when he asked about Plame." Novak recalls Rove saying, "Oh, you know that, too?" Rove, according to his spokesman Mark Corallo, has said he responded, "I've heard that, too."
The White House and the Administration can't even seem to muster the will and energy to investigate treasonous newspapers and leakers even though they are charged with the protection of this country and its citizens.
I have long since disabused myself of the notion that the President and all the President's Men will ever go on the offensive on virtually ANYTHING, nor will they ever make more than token efforts to address the frightening misinformation doled out to the public hourly by the MSM.
This results in wound after wound inflicted on the Republican Party. I'm convinced that this White House is callously indifferent to political matters that pertain to the success of the Republican party in future elections.
There's little if any party leadership. When was the last time anyone heard the President say anything of value as the political leader of the GOP? Indeed, the party is divided and the conservative base is alienated over immigration and other issues. Does the President really care?
It appears the bleeding from a thousand cuts will continue unabated on every issue of importance due to the administration as a whole refusing to defend itself or to refute malicious propaganda or treasonous behavior.
I'm almost at the point I don't care anymore. Every time I hope and pray our president, our GOP leaders, our Justice Department, etc. will come out of hiding and investigate or fight back on some issue, I'm let down.
Are conservative talking heads, conservative columnists, conservative bloggers, the National Review and conservative sites like FR supposed to carry the whole load and do all the trench work for a totally detached White House, an out-of-touch Administration as a whole, the RNC, etc.?
We keep looking for the leadership to actively refute the Goebbel's media, but it's always a seemingly-impossible dream which foils our clawing at the air to grasp it.
Leni
Him and his wife Valerie should be frog marched and charged with misusing public funds.
Well .. he wrote a book .. but I'm not sure it made him a "forture". But .. I don't even remember the name of it .. LOL!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.