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Prosecutors Are Said to Have Expanded Inquiry Into Leak of C.I.A. Officer's Name
New York Times ^ | April 2, 2004

Posted on 04/01/2004 9:26:46 PM PST by Shermy

By DAVID JOHNSTON and RICHARD W. STEVENSON

WASHINGTON, April 1 — Prosecutors investigating whether someone in the Bush administration improperly disclosed the identity of a C.I.A. officer have expanded their inquiry to examine whether White House officials lied to investigators or mishandled classified information related to the case, lawyers involved in the case and government officials say.

In looking at violations beyond the original focus of the inquiry, which centered on a rarely used statute that makes it a felony to disclose the identity of an undercover intelligence officer intentionally, prosecutors have widened the range of conduct under scrutiny and for the first time raised the possibility of bringing charges peripheral to the leak itself.

The expansion of the inquiry's scope comes at a time when prosecutors, after a hiatus of about a month, appear to be preparing to seek additional testimony before a federal grand jury, lawyers with clients in the case said. It is not clear whether the renewed grand jury activity represents a concluding session or a prelude to an indictment.

The broadened scope is a potentially significant development that represents exactly what allies of the Bush White House feared when Attorney General John Ashcroft removed himself from the case last December and turned it over to Patrick J. Fitzgerald, the United States attorney in Chicago.

Republican lawyers worried that the leak case, in the hands of an aggressive prosecutor, might grow into an unwieldy, time-consuming and politically charged inquiry, like the sprawling independent counsel inquiries of the 1990's, which distracted and damaged the Clinton administration.

Mr. Fitzgerald is said by lawyers involved in the case and government officials to be examining possible discrepancies between documents he has gathered and statements made by current or former White House officials during a three-month preliminary investigation last fall by the F.B.I. and the Justice Department. Some officials spoke to F.B.I. agents with their lawyers present; others met informally with agents in their offices and even at bars near the White House.

The White House took the unusual step last year of specifically denying any involvement in the leak on the part of several top administration officials, including Karl Rove, President Bush's senior adviser, and I. Lewis Libby, Vice President Dick Cheney's chief of staff. The White House press secretary, Scott McClellan, has repeatedly said no one wants to get to the bottom of the case more than Mr. Bush.

But Mr. Bush himself has said he does not know if investigators will ever be able to determine who disclosed the identity of the C.I.A. officer, Valerie Plame, to Robert Novak, who wrote in his syndicated column last July that Ms. Plame, the wife of former Ambassador Joseph C. Wilson IV, was a C.I.A. employee.

Mr. Wilson was a critic of the administration's Iraq policies. Democrats have accused the White House of leaking his wife's name in retaliation because Mr. Wilson, in a July 6, 2003, Op-Ed commentary in The New York Times, disputed Mr. Bush's statement in his State of the Union address that January that Iraq was trying to develop a nuclear bomb and had sought to buy uranium in Africa.

The suspicion that someone may have lied to investigators is based on contradictions between statements by various witnesses in F.B.I. interviews, the lawyers and officials said. The conflicts are said to be buttressed by documents, including memos, e-mail messages and phone records turned over by the White House.

At the same time, Mr. Fitzgerald is said to be investigating whether the disclosure of Ms. Plame's identity came after someone discovered her name among classified documents circulating at the upper echelons of the White House. It could be a crime to disclose information from such a document, although such violations are rarely prosecuted.

Mr. Bush's advisers have repeatedly urged White House employees to cooperate with the inquiry, and it is unclear whether Mr. Fitzgerald has made any decisions about whether to go forward or drop the case. On Thursday, Randall Samborn, a spokesman for Mr. Fitzgerald in Chicago, declined to discuss the case.

Mr. McClellan said the White House was fully cooperating with the investigation, but he declined to comment on the latest developments.

Mr. Fitzgerald, who has been in charge of the case for three months, has said he is nearing completion of the inquiry, the lawyers said. Some of them have suggested that he may be facing a problem if he declines to prosecute.

Prosecutors almost never make public the details of cases in which they investigate, but bring no charges. Federal law bars prosecutors from disclosing information obtained through a grand jury, the legal vehicle Mr. Fitzgerald has used to conduct his inquiry.

But in this case, being investigated in the heat of a closely fought presidential election, Democrats have been watching carefully for any sign that the prosecutor has favored the administration. Should Mr. Fitzgerald bring the case to a close with no indictments and no public explanation of his decision not to prosecute, he would almost certainly be subject to intense criticism from Democrats.

Several lawyers said Mr. Fitzgerald could ask a judge to allow him to issue a report. Or, they said, he could seek to employ a rarely used provision of the Justice Department's guidelines for prosecutors allowing grand juries to issue reports. But those sections of the prosecutor's manual appear to relate to public officials in organized crime cases.


TOPICS: Front Page News; News/Current Events
KEYWORDS: cialeak; cialeake; josephwilson; leakuponleak; plamegate
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More leaks from an investigation into leaks
1 posted on 04/01/2004 9:26:46 PM PST by Shermy
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To: All

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2 posted on 04/01/2004 9:28:12 PM PST by Support Free Republic (Don't be a nuancy boy)
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To: marron; okie01; Carl/NewsMax; Kenny Bunk; Jeff Gannon; seamole
Mr. Wilson, in a July 6, 2003, Op-Ed commentary in The New York Times, disputed Mr. Bush's statement in his State of the Union address that January that Iraq was trying to develop a nuclear bomb and had sought to buy uranium in Africa.

Now, that's not quite true.

3 posted on 04/01/2004 9:28:32 PM PST by Shermy
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To: Shermy
and for the first time raised the possibility of bringing charges peripheral to the leak itself

can't find a leaker?? just charge them with something else.

wala, instant scandal. no evidence required.

INVESTIGATE CONGRESS!

4 posted on 04/01/2004 9:29:03 PM PST by GeronL (Hey, I am on the internet. I have a right (cough, cough) to write stupid things.)
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To: GeronL; okie01
The suspicion that someone may have lied to investigators is based on contradictions between statements by various witnesses in F.B.I. interviews, the lawyers and officials said.

Who are these "lawyers and officials?" Shouldn't a new investigation be started to root them out?

can't find a leaker?? just charge them with something else.

Novak, etc. are not going to squeal or admit they made up stuff to sound more authoritative - they'll be given a pass.

officer have expanded their inquiry to examine whether White House officials lied to investigators or mishandled classified information related to the case, lawyers involved in the case and government officials say.

Hmmm...Andrea Mitchell and her pal Joe Wilson's big mouth perhaps???

5 posted on 04/01/2004 9:33:11 PM PST by Shermy
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To: Shermy
They want to charge someone in the White House. They will charge someone in the White House whether they find evidence or not. They want an anti-Bush scandal come hell or high water. They will create one if they have to, they do it all the time.
6 posted on 04/01/2004 9:35:15 PM PST by GeronL (Hey, I am on the internet. I have a right (cough, cough) to write stupid things.)
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To: Shermy
Could have predicted this was going to happen. Ahab Walsh redux.
7 posted on 04/01/2004 9:39:36 PM PST by vbmoneyspender
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To: GeronL
Who is they? Isn't the prosecutor a Republican? Let's hope he is on the home team.
8 posted on 04/01/2004 9:40:04 PM PST by OneTimeLurker
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To: GeronL
Well, I'm going on the theory (for now) that the first "leaker" to Novak was Richard Clarke...but Novak will never admit it. And that Novak was showing off, and did not have a "malicious" purpose.

But there's some documents floating around...


9 posted on 04/01/2004 9:40:45 PM PST by Shermy
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To: OneTimeLurker
doesn't matter if its got an R or a D by its name. Notice how they zeroed in on the White House?? There is no real evidence the 'leak' came from the White House.
10 posted on 04/01/2004 9:41:33 PM PST by GeronL (Hey, I am on the internet. I have a right (cough, cough) to write stupid things.)
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To: Shermy
If the Democrats knew this that might explain why he became their poodle so suddenly.
11 posted on 04/01/2004 9:42:41 PM PST by GeronL (Hey, I am on the internet. I have a right (cough, cough) to write stupid things.)
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To: GeronL
I'm pretty sure there will be at least two indictments, because then the media can say "a White House [staff] under/facing/battling multiple indictments" every chance they get which comes across much more ominous as if it's some vast criminal conspiracy..
12 posted on 04/01/2004 9:45:57 PM PST by AntiGuv (When the countdown hits zero, something's gonna happen..)
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To: GeronL
Here's a different document story...

http://www.freerepublic.com/focus/f-news/1049592/posts

"...Talon News was the only service identified by the Washington Post as having knowledge of the memo's existence. The newspaper goes on to say that CIA officials have challenged the accuracy of the document purportedly written by a State Department official who works for the Bureau of Intelligence and Research.

Jeff Gannon, the White House correspondent and Washington Bureau Chief for Talon News declined to reveal whether he had seen the memo or had its contents described to him.

While he would not disclose his source, Gannon said, "I will tell you that the information did not come from inside the administration."

"For something that is supposed to be classified, it seems that this document is easily accessible," Gannon added. "Washington is leaking like a cheap umbrella. Just look at what's happening over on Capitol Hill."

Gannon was referring to private Senate Intelligence and Judiciary Committee memos that have been leaked to various media outlets in the last few months.

Gannon's exclusive interview with Wilson focused on the many unanswered questions about the "outing" of his wife.

Gannon points out that other possibilities exist which might explain how Plame's name was revealed without the malice that Wilson believes was retribution for his decision to go public with criticism of the White House.

"When Bob Novak asked why a known partisan like Wilson would be sent on a critical mission to help the administration build its case to go to war with Iraq, the answer might have been that his wife got him the job, not realizing her identity was classified," Gannon said. "It's not as if nepotism is unheard of in Washington."

The Talon News reporter added, "Some people out there see a clandestine war going on between the White House and the CIA. It is generally perceived that a substantial amount of blame for intelligence failures that otherwise might have prevented the terrorist attacks of September 11, 2001 has been laid at the agency's doorstep by the administration. They suggest the agency is fighting back with an allegation of a wrongdoing in the Plame matter."

13 posted on 04/01/2004 9:46:03 PM PST by Shermy
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To: Shermy; AntiGuv; writer33
Gannon said, "I will tell you that the information did not come from inside the administration."

"For something that is supposed to be classified, it seems that this document is easily accessible," Gannon added. "Washington is leaking like a cheap umbrella. Just look at what's happening over on Capitol Hill."

Sounds like thats why they are investigating the White House.

14 posted on 04/01/2004 9:50:14 PM PST by GeronL (Hey, I am on the internet. I have a right (cough, cough) to write stupid things.)
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To: OneTimeLurker
Isn't the prosecutor a Republican?

Patrick J. Fitzgerald has always said that he's an independent, not leaning either Republican or Democrat.

15 posted on 04/01/2004 9:53:53 PM PST by AntiGuv (When the countdown hits zero, something's gonna happen..)
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To: Shermy
I see a clandestine war going on but it's far bigger than just the CIA, the White House, and the smattering of whiny staffers who have been cut out of the loop.
This is backed by foreigners, too.
16 posted on 04/01/2004 9:57:41 PM PST by piasa (Attitude adjustments offered here free of charge.)
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To: Shermy
Was Mr. Fitzgerald appointed by Bill Clinton?

Does he have ties to Daly's machine?

Just curious.

17 posted on 04/01/2004 9:57:50 PM PST by AmericanVictory (Should we be more like them, or they like us?)
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To: Shermy
There is no real news in the report, so one can only conclude that the NYT is firing a shot across Fitzgerald's bow, warning him about "intense criticism" of he doesn't make the Democrats happy.
18 posted on 04/01/2004 10:03:13 PM PST by beckett
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To: piasa; okie01; Mitchell
I see a clandestine war going on but it's far bigger than just the CIA, the White House, and the smattering of whiny staffers who have been cut out of the loop. This is backed by foreigners, too.

Huh? You mean since 9/11 the succession of "leaks" about anything to do with Iraq, always dismissing any danger, doubting any connection, underestimating anything done by Saddam, even going so far as to plant and out and out lie in the New York Times about Vaclav Havel denyning the Prague-Atta meeting, all this wasn't the mere creation of a cabal of some well -meaning, peace loving "senior intelligence officials" but orchestrated and directed by a foreign intelligence agency that has penetrated Washington -say, France or Russia or Saudi - whose couintry or countries had much money to lose if Saddam was overthrown?

Hmmm...interesting idea...

19 posted on 04/01/2004 10:09:53 PM PST by Shermy
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To: Shermy
Hmm, I forgot about this- did Ruh ever add more detail to his?

To: 1Old Pro
Today Rush said that he had inside information that he couldn't disclose right now, but when the truth comes out about the leaker, people are going to be very surprised. He then elaborated a little bit and said there were a lot of left-over CLintonistas at the State Department. Also, Rush reminded viewers that Wilson has been not only against the war in Iraq, but is/was against the no-fly zone. Wilson repeatedly claimed in recent months Iraq never had WMD. But Rush played audio of Wilson saying before the war that he (Wilson) was afraid Saddam would use WMD. LOL - the guy is a Flipper ala Howard Dean.
99 posted on 09/29/2003 12:34 PM PDT by Peach

20 posted on 04/01/2004 10:11:54 PM PST by piasa (Attitude adjustments offered here free of charge.)
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