Full text of indictment
- From: sammy.finkelman@xxxxxxxxxxxx
- Date: 30 Oct 2005 13:16:31 -0800
You should notice that it mainly concerns 3 reporters and he told quite
different lies about each one of them. Most probably trying to protect
Judith Miller - or to hide how much he had told her -was the original
motive. He apparently claimed to have told Judith Miller only on July
12, 2003 and then to have said the same thing to Matthew Cooper of TIME
Magazine - and he had to invent a way in which he found out only
limited information - and he made up a story about a xconversation he
had with Tim Russert of Meet the Press where the only true thing was
that he had spoken to him.
N.B. Libby actually had nothing to do with the leak that mattered -to
Robert Novak.
http://www.scoop.co.nz/stories/WO0510/S00422.htm
Full Text Of I. Lewis "Scooter" Libby Indictment
Saturday, 29 October 2005, 7:19 am
Press Release: Office Of Special Counsel Patrick Fitzgerald
_________________________
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Holding a Criminal Term
Grand Jury Sworn in on October 31, 2003
UNITED STATES OF AMERICA ) Criminal No.
) GRAND JURY ORIGINAL
v. ) Count 1: Obstruction of Justice
) (18 U.S.C. 1503)
)
) Counts 2-3: False Statements
) (18 U.S.C. § 1001(a)(2))
I. LEWIS LIBBY, )
also known as "SCOOTER LIBBY" ) Counts 4-5: Perjury (18 U.S.C. §
1623)
INDICTMENT
COUNT ONE
(Obstruction of Justice)
THE GRAND JURY CHARGES:
1. At times material to this indictment:
Defendant's Employment and Responsibilities
a. Beginning on or about January 20, 2001, and continuing through the
date of this indictment, defendant I. LEWIS LIBBY, also known as
"SCOOTER LIBBY," was employed as Assistant to the President of the
United States, Chief of Staff to the Vice President of the United
States, and Assistant to the Vice President for National Security
Affairs. In the course of his work, LIBBY had frequent access to
classified information and frequently spoke with officials of the U.S.
intelligence community, as well as other government officials,
regarding sensitive national security matters.
b. In connection with his role as a senior government official with
responsibilities for national security matters, LIBBY held security
clearances entitling him to access to classified information. As a
person with such clearances, LIBBY was obligated by applicable laws and
regulations, including Title 18, United States Code, Section 793, and
Executive Order 12958 (as modified by Executive Order 13292), not to
disclose classified information to persons not authorized to receive
such information, and otherwise to exercise proper care to safeguard
classified information against unauthorized disclosure. On or about
January 23, 2001, LIBBY executed a written "Classified Information
Nondisclosure Agreement," stating in part that "I understand and
accept that by being granted access to classified information, special
confidence and trust shall be placed in me by the United States
Government," and that "I have been advised that the unauthorized
disclosure, unauthorized retention, or negligent handling of classified
information by me could cause damage or irreparable injury to the
United States or could be used to advantage by a foreign nation."
The Central Intelligence Agency
c. The Central Intelligence Agency (CIA) was an agency of the United
States whose mission was to collect, produce, and disseminate
intelligence and counterintelligence information to officers and
departments of the United States government, including the President,
the National Security Council, and the Joint Chiefs of Staff.
d. The responsibilities of certain CIA employees required that their
association with the CIA be kept secret; as a result, the fact that
these individuals were employed by the CIA was classified. Disclosure
of the fact that such individuals were employed by the CIA had the
potential to damage the national security in ways that ranged from
preventing the future use of those individuals in a covert capacity, to
compromising intelligence-gathering methods and operations, and
endangering the safety of CIA employees and those who dealt with them.
Joseph Wilson and Valerie Plame Wilson
e. Joseph Wilson ("Wilson") was a former career State Department
official who had held a variety of posts, including United States
Ambassador. In 2002, after an inquiry to the CIA by the Vice President
concerning certain intelligence reporting, the CIA decided on its own
initiative to send Wilson to the country of Niger to investigate
allegations involving Iraqi efforts to acquire uranium yellowcake, a
processed form of uranium ore. Wilson orally reported his findings to
the CIA upon his return.
f. Joseph Wilson was married to Valerie Plame Wilson ("Valerie
Wilson"). At all relevant times from January 1, 2002 through July
2003, Valerie Wilson was employed by the CIA, and her employment status
was classified. Prior to July 14, 2003, Valerie Wilson's affiliation
with the CIA was not common knowledge outside the intelligence
community.
Events Leading up to July 2003
2. On or about January 28, 2003, President George W. Bush delivered his
State of the Union address which included sixteen words asserting that
"The British government has learned that Saddam Hussein recently
sought significant quantities of uranium from Africa."
3. On May 6, 2003, the New York Times published a column by Nicholas
Kristof which disputed the accuracy of the "sixteen words" in the
State of the Union address. The column reported that, following a
request from the Vice President's office for an investigation of
allegations that Iraq sought to buy uranium from Niger, an unnamed
former ambassador was sent on a trip to Niger in 2002 to investigate
the allegations. According to the column, the ambassador reported back
to the CIA and State Department in early 2002 that the allegations were
unequivocally wrong and based on forged documents.
4. On or about May 29, 2003, in the White House, LIBBY asked an Under
Secretary of State ("Under Secretary") for information concerning
the unnamed ambassador's travel to Niger to investigate claims about
Iraqi efforts to acquire uranium yellowcake. The Under Secretary
thereafter directed the State Department's Bureau of Intelligence and
Research to prepare a report concerning the ambassador and his trip.
The Under Secretary provided LIBBY with interim oral reports in late
May and early June 2003, and advised LIBBY that Wilson was the former
ambassador who took the trip.
5. On or about June 9, 2003, a number of classified documents from the
CIA were faxed to the Office of the Vice President to the personal
attention of LIBBY and another person in the Office of the Vice
President. The faxed documents, which were marked as classified,
discussed, among other things, Wilson and his trip to Niger, but did
not mention Wilson by name. After receiving these documents, LIBBY and
one or more other persons in the Office of the Vice President handwrote
the names "Wilson" and "Joe Wilson" on the documents.
6. On or about June 11 or 12, 2003, the Under Secretary of State orally
advised LIBBY in the White House that, in sum and substance, Wilson's
wife worked at the CIA and that State Department personnel were saying
that Wilson's wife was involved in the planning of his trip.
7. On or about June 11, 2003, LIBBY spoke with a senior officer of the
CIA to ask about the origin and circumstances of Wilson's trip, and
was advised by the CIA officer that Wilson's wife worked at the CIA
and was believed to be responsible for sending Wilson on the trip.
8. Prior to June 12, 2003, Washington Post reporter Walter Pincus
contacted the Office of the Vice President in connection with a story
he was writing about Wilson's trip. LIBBY participated in discussions
in the Office of the Vice President concerning how to respond to
Pincus.
9. On or about June 12, 2003, LIBBY was advised by the Vice President
of the United States that Wilson's wife worked at the Central
Intelligence Agency in the Counterproliferation Division. LIBBY
understood that the Vice President had learned this information from
the CIA.
10. On June 12, 2003, the Washington Post published an article by
reporter Walter Pincus about Wilson's trip to Niger, which described
Wilson as a retired ambassador but not by name, and reported that the
CIA had sent him to Niger after an aide to the Vice President raised
questions about purported Iraqi efforts to acquire uranium. Pincus's
article questioned the accuracy of the "sixteen words," and stated
that the retired ambassador had reported to the CIA that the uranium
purchase story was false.
11. On or about June 14, 2003, LIBBY met with a CIA briefer. During
their conversation he expressed displeasure that CIA officials were
making comments to reporters critical of the Vice President's office,
and discussed with the briefer, among other things, "Joe Wilson"
and his wife "Valerie Wilson," in the context of Wilson's trip to
Niger.
12. On or about June 19, 2003, an article appeared in The New Republic
magazine online entitled "The First Casualty: The Selling of the Iraq
War." Among other things, the article questioned the "sixteen
words" and stated that following a request for information from the
Vice President, the CIA had asked an unnamed ambassador to travel to
Niger to investigate allegations that Iraq had sought uranium from
Niger. The article included a quotation attributed to the unnamed
ambassador alleging that administration officials "knew the Niger
story was a flat-out lie." The article also was critical of how the
administration, including the Office of the Vice President, portrayed
intelligence concerning Iraqi capabilities with regard to weapons of
mass destruction, and accused the administration of suppressing dissent
from the intelligence agencies on this topic.
13. Shortly after publication of the article in The New Republic, LIBBY
spoke by telephone with his then Principal Deputy and discussed the
article. That official asked LIBBY whether information about Wilson's
trip could be shared with the press to rebut the allegations that the
Vice President had sent Wilson. LIBBY responded that there would be
complications at the CIA in disclosing that information publicly, and
that he could not discuss the matter on a non-secure telephone line.
14. On or about June 23, 2003, LIBBY met with New York Times reporter
Judith Miller. During this meeting LIBBY was critical of the CIA, and
disparaged what he termed "selective leaking" by the CIA concerning
intelligence matters. In discussing the CIA's handling of Wilson's
trip to Niger, LIBBY informed her that Wilson's wife might work at a
bureau of the CIA.
The July 6 "Op Ed" Article by Wilson
15. On July 6, 2003, the New York Times published an Op-Ed article by
Wilson entitled "What I Didn't Find in Africa." Also on July 6,
2003, the Washington Post published an article about Wilson's 2002
trip to Niger, which article was based in part upon an interview of
Wilson. Also on July 6, Wilson appeared as a guest on the television
interview show "Meet the Press." In his Op-Ed article and
interviews in print and on television, Wilson asserted, among other
things, that he had taken a trip to Niger at the request of the CIA in
February 2002 to investigate allegations that Iraq had sought or
obtained uranium yellowcake from Niger, and that he doubted Iraq had
obtained uranium from Niger recently, for a number of reasons. Wilson
stated that he believed, based on his understanding of government
procedures, that the Office of the Vice President was advised of the
results of his trip.
LIBBY's Actions Following Wilson's July 6 "Op Ed" Column
16. On or about July 7, 2003, LIBBY had lunch with the then White House
Press Secretary and advised the Press Secretary that Wilson's wife
worked at the CIA and noted that such information was not widely known.
17. On or about the morning of July 8, 2003, LIBBY met with New York
Times reporter Judith Miller. When the conversation turned to the
subject of Joseph Wilson, LIBBY asked that the information LIBBY
provided on the topic of Wilson be attributed to a "former Hill
staffer" rather than to a "senior administration official," as
had been the understanding with respect to other information that LIBBY
provided to Miller during this meeting. LIBBY thereafter discussed with
Miller Wilson's trip and criticized the CIA reporting concerning
Wilson's trip. During this discussion, LIBBY advised Miller of his
belief that Wilson's wife worked for the CIA.
18. Also on or about July 8, 2003, LIBBY met with the Counsel to the
Vice President in an anteroom outside the Vice President's Office.
During their brief conversation, LIBBY asked the Counsel to the Vice
President, in sum and substance, what paperwork there would be at the
CIA if an employee's spouse undertook an overseas trip.
19. Not earlier than June 2003, but on or before July 8, 2003, the
Assistant to the Vice President for Public Affairs learned from another
government official that Wilson's wife worked at the CIA, and advised
LIBBY of this information.
20. On or about July 10, 2003, LIBBY spoke to NBC Washington Bureau
Chief Tim Russert to complain about press coverage of LIBBY by an MSNBC
reporter. LIBBY did not discuss Wilson's wife with Russert.
21. On or about July 10 or July 11, 2003, LIBBY spoke to a senior
official in the White House ("Official A") who advised LIBBY of a
conversation Official A had earlier that week with columnist Robert
Novak in which Wilson's wife was discussed as a CIA employee involved
in Wilson's trip. LIBBY was advised by Official A that Novak would be
writing a story about Wilson's wife.
22. On or about July 12, 2003, LIBBY flew with the Vice President and
others to and from Norfolk, Virginia, on Air Force Two. On his return
trip, LIBBY discussed with other officials aboard the plane what LIBBY
should say in response to certain pending media inquiries, including
questions from Time reporter Matthew Cooper.
23. On or about July 12, 2003, in the afternoon, LIBBY spoke by
telephone to Cooper, who asked whether LIBBY had heard that Wilson's
wife was involved in sending Wilson on the trip to Niger. LIBBY
confirmed to Cooper, without elaboration or qualification, that he had
heard this information too.
24. On or about July 12, 2003, in the late afternoon, LIBBY spoke by
telephone with Judith Miller of the New York Times and discussed
Wilson's wife, and that she worked at the CIA.
The Criminal Investigation
25. On or about September 26, 2003, the Department of Justice
authorized the Federal Bureau of Investigation ("FBI") to commence
a criminal investigation into the possible unauthorized disclosure of
classified information regarding the disclosure of Valerie Wilson's
affiliation with the CIA to various reporters in the spring of 2003.
26. As part of the criminal investigation, LIBBY was interviewed by
Special Agents of the FBI on or about October 14 and November 26, 2003,
each time in the presence of his counsel. During these interviews,
LIBBY stated to FBI Special Agents that:
a. During a conversation with Tim Russert of NBC News on July 10 or 11,
2003, Russert asked LIBBY if LIBBY was aware that Wilson's wife
worked for the CIA. LIBBY responded to Russert that he did not know
that, and Russert replied that all the reporters knew it. LIBBY was
surprised by this statement because, while speaking with Russert, LIBBY
did not recall that he previously had learned about Wilson's wife's
employment from the Vice President.
b. During a conversation with Matthew Cooper of Time magazine on or
about July 12, 2003, LIBBY told Cooper that reporters were telling the
administration that Wilson's wife worked for the CIA, but that LIBBY
did not know if this was true; and
c. LIBBY did not discuss Wilson's wife with New York Times reporter
Judith Miller during a meeting with Miller on or about July 8, 2003.
27. Beginning in or about January 2004, and continuing until the date
of this indictment, Grand Jury 03-3 sitting in the District of Columbia
conducted an investigation ("the Grand Jury Investigation") into
possible violations of federal criminal laws, including: Title 50,
United States Code, Section 421 (disclosure of the identity of covert
intelligence personnel); and Title 18, United States Code, Sections 793
(improper disclosure of national defense information), 1001 (false
statements), 1503 (obstruction of justice), and 1623 (perjury).
28. A major focus of the Grand Jury Investigation was to determine
which government officials had disclosed to the media prior to July 14,
2003 information concerning the affiliation of Valerie Wilson with the
CIA, and the nature, timing, extent, and purpose of such disclosures,
as well as whether any official making such a disclosure did so knowing
that the employment of Valerie Wilson by the CIA was classified
information.
29. During the course of the Grand Jury Investigation, the following
matters, among others, were material to the Grand Jury Investigation:
i. When, and the manner and means by which, defendant LIBBY learned
that Wilson's wife was employed by the CIA;
ii. Whether and when LIBBY disclosed to members of the media that
Wilson's wife was employed by the CIA;
iii. The language used by LIBBY in disclosing any such information to
the media, including whether LIBBY expressed uncertainty about the
accuracy of any information he may have disclosed, or described where
he obtained the information;
iv. LIBBY's knowledge as to whether any information he disclosed was
classified at the time he disclosed it; and
v. Whether LIBBY was candid with Special Agents of the Federal Bureau
of Investigation in describing his conversations with the other
government officials and the media relating to Valerie Wilson.
LIBBY's Grand Jury Testimony
30. On or about March 5 and March 24, 2004, LIBBY testified before
Grand Jury 03-3. On each occasion of LIBBY's testimony, the
foreperson of the Grand Jury administered the oath to LIBBY and LIBBY
swore to tell the truth in the testimony he was about to give.
31. In or about March 2004, in the District of Columbia, I. LEWIS
LIBBY, also known as "SCOOTER LIBBY," defendant herein, did
knowingly and corruptly endeavor to influence, obstruct and impede the
due administration of justice, namely proceedings before Grand Jury
03-3, by misleading and deceiving the grand jury as to when, and the
manner and means by which, LIBBY acquired and subsequently disclosed to
the media information concerning the employment of Valerie Wilson by
the CIA.
32. It was part of the corrupt endeavor that during his grand jury
testimony, defendant LIBBY made the following materially false and
intentionally misleading statements and representations, in substance,
under oath:
a. When LIBBY spoke with Tim Russert of NBC News, on or about July 10,
2003:
i. Russert asked LIBBY if LIBBY knew that Wilson's wife worked for
the CIA, and told LIBBY that all the reporters knew it; and
ii. At the time of this conversation, LIBBY was surprised to hear that
Wilson's wife worked for the CIA;
b. LIBBY advised Matthew Cooper of Time magazine on or about July 12,
2003, that he had heard that other reporters were saying that
Wilson's wife worked for the CIA, and further advised him that LIBBY
did not know whether this assertion was true; and
c. LIBBY advised Judith Miller of the New York Times on or about July
12, 2003 that he had heard that other reporters were saying that
Wilson's wife worked for the CIA but LIBBY did not know whether that
assertion was true.
33. It was further part of the corrupt endeavor that at the time
defendant LIBBY made each of the above-described materially false and
intentionally misleading statements and representations to the grand
jury, LIBBY was aware that they were false, in that:
a. When LIBBY spoke with Tim Russert of NBC News on or about July 10,
2003:
i. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked
for the CIA, nor did he tell LIBBY that all the reporters knew it; and
ii. At the time of this conversation, LIBBY was well aware that
Wilson's wife worked at the CIA; in fact, LIBBY had participated in
multiple prior conversations concerning this topic, including on the
following occasions:
· In or about early June 2003, LIBBY learned from the Vice President
that Wilson's wife worked for the CIA in the Counterproliferation
Division;
· On or about June 11, 2003, LIBBY was informed by a senior CIA
officer that Wilson's wife was employed by the CIA and that the idea
of sending him to Niger originated with her;
· On or about June 12, 2003, LIBBY was informed by the Under
Secretary of State that Wilson's wife worked for the CIA;
· On or about June 14, 2003, LIBBY discussed "Joe Wilson" and
"Valerie Wilson" with his CIA briefer, in the context of Wilson's
trip to Niger;
· On or about June 23, 2003, LIBBY informed reporter Judith Miller
that Wilson's wife might work at a bureau of the CIA;
· On or about July 7, 2003, LIBBY advised the White House Press
Secretary that Wilson's wife worked for the CIA;
· In or about June or July 2003, and in no case later than on or
about July 8, 2003, LIBBY was advised by the Assistant to the Vice
President for Public Affairs that Wilson's wife worked for the CIA;
· On or about July 8, 2003, LIBBY advised reporter Judith Miller of
his belief that Wilson's wife worked at the CIA; and · On or about
July 8, 2003, LIBBY had a discussion with the Counsel to the Office of
the Vice President concerning the paperwork that would exist if a
person who was sent on an overseas trip by the CIA had a spouse who
worked at the CIA;
b. LIBBY did not advise Matthew Cooper, on or about July 12, 2003, that
LIBBY had heard other reporters were saying that Wilson's wife worked
for the CIA, nor did LIBBY advise him that LIBBY did not know whether
this assertion was true; rather, LIBBY confirmed to Cooper, without
qualification, that LIBBY had heard that Wilson's wife worked at the
CIA; and
c. LIBBY did not advise Judith Miller, on or about July 12, 2003, that
LIBBY had heard other reporters were saying that Wilson's wife worked
for the CIA, nor did LIBBY advise her that LIBBY did not know whether
this assertion was true; In violation of Title 18, United States Code,
Section 1503.
COUNT TWO (False Statement)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1-26 of Count One as though
fully set forth herein.
2. During the course of the criminal investigation conducted by the
Federal Bureau of Investigation and the Department of Justice, the
following matters, among others, were material to that investigation:
a. When, and the manner and means by which, defendant LIBBY learned
that Wilson's wife was employed by the CIA;
b. Whether and when LIBBY disclosed to members of the media that
Wilson's wife was employed by the CIA;
c. The language used by LIBBY in disclosing any such information to the
media, including whether LIBBY expressed uncertainty about the accuracy
of any information he may have disclosed, or described where he
obtained the information; and
d. LIBBY's knowledge as to whether any information he disclosed was
classified at the time he disclosed it.
3. On or about October 14 and November 26, 2003, in the District of
Columbia, I. LEWIS LIBBY, also known as "SCOOTER LIBBY," defendant
herein, did knowingly and willfully make a materially false,
fictitious, and fraudulent statement and representation in a matter
within the jurisdiction of the Federal Bureau of Investigation, an
agency within the executive branch of the United States, in that the
defendant, in response to questions posed to him by agents of the
Federal Bureau of Investigation, stated that: During a conversation
with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked
LIBBY if LIBBY was aware that Wilson's wife worked for the CIA. LIBBY
responded to Russert that he did not know that, and Russert replied
that all the reporters knew it. LIBBY was surprised by this statement
because, while speaking with Russert, LIBBY did not recall that he
previously had learned about Wilson's wife's employment from the
Vice President.
4. As defendant LIBBY well knew when he made it, this statement was
false in that when LIBBY spoke with Russert on or about July 10 or 11,
2003:
a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked
for the CIA, nor did he tell LIBBY that all the reporters knew it; and
b. At the time of this conversation, LIBBY was well aware that
Wilson's wife worked at the CIA; In violation of Title 18, United
States Code, Section 1001(a)(2).
COUNT THREE (False Statement)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1 and 2 of Count Two as though
fully set forth herein.
2. On or about October 14 and November 26, 2003, in the District of
Columbia, I. LEWIS LIBBY, also known as "SCOOTER LIBBY," defendant
herein, did knowingly and willfully make a materially false,
fictitious, and fraudulent statement and representation in a matter
within the jurisdiction of the Federal Bureau of Investigation, an
agency within the executive branch of the United States, in that the
defendant, in response to questions posed to him by agents of the
Federal Bureau of Investigation, stated that: During a conversation
with Matthew Cooper of Time magazine on July 12, 2003, LIBBY told
Cooper that reporters were telling the administration that Wilson's
wife worked for the CIA, but LIBBY did not know if this was true.
3. As defendant LIBBY well knew when he made it, this statement was
false in that: LIBBY did not advise Cooper on or about July 12, 2003
that reporters were telling the administration that Wilson's wife
worked for the CIA, nor did LIBBY advise him that LIBBY did not know
whether this was true; rather, LIBBY confirmed for Cooper, without
qualification, that LIBBY had heard that Wilson's wife worked at the
CIA; In violation of Title 18, United States Code, Section 1001(a)(2).
COUNT FOUR (Perjury)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1-30 of Count One as though
fully set forth herein.
2. On or about March 5, 2004, in the District of Columbia, I. LEWIS
LIBBY, also known as "SCOOTER LIBBY," defendant herein, having
taken an oath to testify truthfully in a proceeding before a grand jury
of the United States, knowingly made a false material declaration, in
that he gave the following testimony regarding a conversation that he
represented he had with Tim Russert of NBC News, on or about July 10,
2003 (underlined portions alleged as false):
.. . . . And then he said, you know, did you know that this - excuse
me, did you know that Ambassador Wilson's wife works at the CIA? And I
was a little taken aback by that. I remember being taken aback by it.
And I said - he may have said a little more but that was - he said
that. And I said, no, I don't know that. And I said, no, I don't know
that intentionally because I didn't want him to take anything I was
saying as in any way confirming what he said, because at that point in
time I did not recall that I had ever known, and I thought this is
something that he was telling me that I was first learning. And so I
said, no, I don't know that because I want to be very careful not to
confirm it for him, so that he didn't take my statement as confirmation
for him.
Now, I had said earlier in the conversation, which I omitted to tell
you, that this - you know, as always, Tim, our discussion is
off-the-record if that's okay with you, and he said, that's fine.
So then he said - I said - he said, sorry - he, Mr. Russert said
to me, did you know that Ambassador Wilson's wife, or his wife, works
at the CIA? And I said, no, I don't know that. And then he said, yeah
- yes, all the reporters know it. And I said, again, I don't know
that. I just wanted to be clear that I wasn't confirming anything for
him on this. And you know, I was struck by what he was saying in that
he thought it was an important fact, but I didn't ask him anymore about
it because I didn't want to be digging in on him, and he then moved on
and finished the conversation, something like that.
3. In truth and fact, as LIBBY well knew when he gave this testimony,
it was false in that:
a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked
for the CIA, nor did he tell LIBBY that all the reporters knew it; and
b. At the time of this conversation, LIBBY was well aware that
Wilson's wife worked at the CIA; In violation of Title 18, United
States Code, Section 1623.
COUNT FIVE (Perjury)
THE GRAND JURY FURTHER CHARGES:
1. The Grand Jury realleges Paragraphs 1-30 of Count One as though
fully set forth herein.
2. On or about March 5, 2004 and March 24, 2004, in the District of
Columbia, I. LEWIS LIBBY, also known as "SCOOTER LIBBY," defendant
herein, having taken an oath to testify truthfully in a proceeding
before a grand jury of the United States, knowingly made a false
material declaration, in that he gave the following testimony regarding
his conversations with reporters concerning the employment of Joseph
Wilson's wife by the CIA (underlined portions alleged as false):
a. Testimony Given on or about March 5, 2004 Regarding a Conversation
With Matthew Cooper on or About July 12, 2003:
Q. And it's your specific recollection that when you told Cooper about
Wilson's wife working at the CIA, you attributed that fact to what
reporters -
A. Yes.
Q. - plural, were saying. Correct?
A. I was very clear to say reporters are telling us that because in my
mind I still didn't know it as a fact. I thought I was - all I had
was this information that was coming in from the reporters. . . . .
Q. And at the same time you have a specific recollection of telling
him, you don't know whether it's true or not, you're just telling him
what reporters are saying?
A. Yes, that's correct, sir. And I said, reporters are telling us that,
I don't know if it's true. I was careful about that because among other
things, I wanted to be clear I didn't know Mr. Wilson. I don't know -
I think I said, I don't know if he has a wife, but this is what we're
hearing.
b. Testimony Given on or about March 24, 2004 Regarding Conversations
With Reporters:
Q. And let me ask you this directly. Did the fact that you knew that
the law could turn, the law as to whether a crime was committed, could
turn on where you learned the information from, affect your account for
the FBI when you told them that you were telling reporters Wilson's
wife worked at the CIA but your source was a reporter rather than the
Vice-President?
A. No, it's a fact. It was a fact, that's what I told the reporters.
Q. And you're, you're certain as you sit here today that every reporter
you told that Wilson's wife worked at the CIA, you sourced it back to
other reporters?
A. Yes, sir, because it was important for what I was saying and because
it was - that's what - that's how I did it. . . . .
Q. The next set of questions from the Grand Jury are - concern this
fact. If you did not understand the information about Wilson's wife to
have been classified and didn't understand it when you heard it from
Mr. Russert, why was it that you were so deliberate to make sure that
you told other reporters that reporters were saying it and not assert
it as something you knew?
A. I want - I didn't want to - I didn't know if it was true and I
didn't want people - I didn't want the reporters to think it was true
because I said it. I - all I had was that reporters are telling us
that, and by that I wanted them to understand it wasn't coming from me
and that it might not be true. Reporters write things that aren't true
sometimes, or get things that aren't true. So I wanted to be clear they
didn't, they didn't think it was me saying it. I didn't know it was
true and I wanted them to understand that. Also, it was important to me
to let them know that because what I was telling them was that I don't
know Mr. Wilson. We didn't ask for his mission. That I didn't see his
report.
Basically, we didn't know anything about him until this stuff came out
in June. And among the other things, I didn't know he had a wife. That
was one of the things I said to Mr. Cooper. I don't know if he's
married. And so I wanted to be very clear about all this stuff that I
didn't, I didn't know about him. And the only thing I had, I thought at
the time, was what reporters are telling us. . . . .
Well, talking to the other reporters about it, I don't see as a crime.
What I said to the other reporters is what, you know - I told a
couple reporters what other reporters had told us, and I don't see that
as a crime.
3. In truth and fact, as LIBBY well knew when he gave this testimony,
it was false in that LIBBY did not advise Matthew Cooper or other
reporters that LIBBY had heard other reporters were saying that
Wilson's wife worked for the CIA, nor did LIBBY advise Cooper or
other reporters that LIBBY did not know whether this assertion was
true; In violation of Title 18, United States Code, Section 1623.
A TRUE BILL:
FOREPERSON
PATRICK J. FITZGERALD
Special Counsel
.
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