Career Lawyer Gets Oversight of CIA Probe (David Margolis to oversee PlameGate)

WASHINGTON - David Margolis, a lawyer at the Justice Department for 40 years, was named Friday to oversee a special prosecutor's investigation of who in the Bush administration disclosed the name of an undercover CIA officer.

Margolis, whose title is associate deputy attorney general, is taking the place of Deputy Attorney General James Comey, whose last day of work was Friday. Comey will be Lockheed Martin's new general counsel.

Comey made the designation of Margolis. Attorney General Alberto Gonzales has stepped aside from the probe because he was White House counsel when Valerie Plame's name was leaked in 2003 and he has testified to the grand jury investigating the unauthorized disclosure.

Comey gave broad discretion to U.S. Attorney Patrick Fitzgerald of Chicago when he was appointed to investigate the leak in December 2003. Margolis is not expected to alter Fitzgerald's mandate in what are likely to be the final months of his investigation. The grand jury ends its term in October.

No one has been charged in the Plame case. However, it's known that Karl Rove, a top aide to President Bush, and Lewis Libby, Vice President Dick Cheney's chief of staff, discussed Plame with reporters before her name was first published by columnist Robert Novak in July 2003.

New York Times reporter Judith Miller has been jailed since July 6 for refusing to tell prosecutors to whom she talked about Plame.

The departure of Comey, who had been second in command at the Justice Department since 2003, leaves vacancies in two key posts. Christopher Wray resigned as head of the Criminal division in May.

President Bush has nominated Timothy E. Flanigan, once Gonzales' deputy in the White House, to take Comey's job. Alice Fisher has been nominated to lead the criminal division.

Neither has been confirmed. Flanigan faced tough questioning in his Senate confirmation hearing about his role in allowing aggressive interrogation techniques be used on detainees from Afghanistan and Iraq and his ties to lobbyist Jack Abramoff.

Sen. Arlen Specter (news, bio, voting record), R-Pa., the Judiciary Committee chairman, indicated he might oppose Flanigan's confirmation because he didn't like his answers. A committee vote on Flanigan has not been scheduled, and the committee will begin hearings on John Roberts' nomination to the Supreme Court when Congress returns to work in September.

Fisher's nomination had been held up through July by at least two senators, one Republican, one Democrat. Sen. Charles Grassley (news, bio, voting record), R-Iowa, was seeking to question an FBI agent about a delay in obtaining a wiretap in a terrorism financing investigation. Grassley lifted his objection after meeting with Gonzales.

Sen. Carl Levin (news, bio, voting record), D-Mich., also met with Gonzales, but he continues to hold up Fisher's nomination because he wants to talk directly to an agent who wrote an e-mail about allegedly abusive interrogations at the Guantanamo Bay, Cuba, naval facility.

"In my weekly meetings with DOJ we often discussed (Defense Department) techniques and how they were not effective or producing intel that was reliable," the agent wrote. In his next sentence, he said Fisher, then the No. 2 in the criminal division, was among department officials who attended all the meetings.

Fisher has said she did not recall taking part in such discussions and Justice officials have said the agent did not intend to say she had. But Gonzales has refused to let senators question the agent, saying it violates long-standing policy.

After failing to persuade Levin to let Fisher's nomination proceed, Gonzales went public with the dispute, saying the vacancy was especially inopportune following terror attacks in England and Egypt in July.

Comey's departure "makes it imperative that key national security officials, such as Ms. Fisher, be confirmed so that the department is able to adequately respond to whatever emergencies may arise," Gonzales said in a letter to Senate Minority Leader Harry Reid, D-Nev.

See if you get anything out of this, NR - backgrounder from Global Security on the Niger issue .. there isn't poor sentence construction here. In addition to "deleted," there were also spaces, due to classified info I'm sure:

Intelligence

B. Former Ambassador

( )Officials from the CIA's DO Counterproliferation Division (CPD) told Committee staff that in response to questions from the Vice President's Office and the Departments of State and Defense on the alleged Iraq-Niger uranium deal, CPD officials discussed ways to obtain additional information. who could make immediate inquiries into the reporting, CPD decided to contact a former ambassador to Gabon who had a posting early in his career in Niger.

( )Some CPD officials could not recall how the office decided to contact the former ambassador, however, interviews and documents provided to the Committee indicate that his wife, a CPD employee, suggested his name for the trip. The CPD reports officer told Committee staff that the former ambassador's wife "offered up his name" and a memorandum to the Deputy Chief of the CPD on February 12, 2002, from the former ambassador's wife says, "my husband has good relations with both the PM [prime minister] and the former Minister of Mines (not to mention lots of French contacts), both of whom could possibly shed light on this sort of activity."

This was just one day before CPD sent a cable DELETED requesting concurrence with CPD's idea to send the former ambassador to Niger and requesting any additional information from the foreign government service on their uranium reports. The former ambassador's wife told Committee staff that when CPD decided it would like to send the former ambassador to Niger, she approached her husband on behalf of the CIA and told him "there's this crazy report" on a purported deal for Niger to sell uranium to Iraq.

( )The former ambassador had traveled previously to Niger on the CIA's behalf . The former ambassador was selected for the 1999 trip after his wife mentioned to her supervisors that her husband was planning a business trip to Niger in the near future and might be willing to use his contacts in the region . Because the former ambassador did not uncover any information about DELETED during this visit to Niger, CPD did not distribute an intelligence report on the visit.

U) On February 26, 2002, the former ambassador arrived in Niger. He told Committee staff that he first met with Ambassador Owens-Kirkpatrick to discuss his upcoming meetings. Ambassador Owens-Kirkpatrick asked him not to meet with current Nigerien officials because she believed it might complicate her continuing diplomatic efforts with them on the uranium issue. The former ambassador agreed to restrict his meetings to former officials and the private sector.

( ) The former ambassador told Committee staff that he met with the former Nigerien Prime Minister, the former Minister of Mines and Energy, and other business contacts. At the end of his visit, he debriefed Ambassador Owens-Kirkpatrick , Chad. He told Committee staff that he had told both U.S. officials he thought there was "nothing to the story." Ambassador Owens-Kirkpatrick told Committee staff she recalled the former ambassador saying "he had reached the same conclusions that the embassy had reached, that it was highly unlikely that anything was going on."

(U) On March 1, 2002, INR published an intelligence assessment, Niger: Sale of Uranium to Iraq Is Unlikely. The INR analyst who drafted the assessment told Committee staff that he had been told that the piece was in response to interest from the Vice President's office in the alleged Iraq-Niger uranium deal. The assessment reiterated 1NR's view that France controlled the uranium industry and "would take action to block a sale of the kind alleged in a CIA report of questionable credibility from a foreign government service." The assessment added that "some officials may have conspired for individual gain to arrange a uranium sale," but considered President Tandja's government unlikely to risk relations with the U.S. and other key aid donors. In a written response to a question from Committee staff on this matter, the Department of State said the assessment was distributed through the routine distribution process in which intelligence documents are delivered to the White House situation room, but State did not provide the assessment directly to the Vice President in a special delivery.

( ) In early March 2002, the Vice President asked his morning briefer for an update on the Niger uranium issue. In response, on March 5, 2002, WINPAC analysts sent an analytic update to the briefer which noted that the government of Niger said it was making all efforts to ensure that its uranium would be used for only peaceful purposes. The update said the foreign government service that provided the original report "was unable to provide new information, but continues to assess that its source is reliable." The update also noted that the CIA would "be debriefing a source who may have information related to the alleged sale on March 5."

(U) Later that day, two CIA DO officers debriefed the former ambassador who had returned from Niger the previous day. The debriefing took place in the former ambassador's home and although his wife was there, according to the reports officer, she acted as a hostess and did not participate in the debrief. Based on information provided verbally by the former ambassador, the DO case officer wrote a draft intelligence report and sent it to the DO reports officer who added additional relevant information from his notes.

(U) The intelligence report based on the former ambassador's trip was disseminated on March 8, 2002. The report did not identify the former ambassador by name or as a former ambassador, but described him as "a contact with excellent access who does not have an established reporting record." The report also indicted that the "subsources of the following information knew their remarks could reach the U.S. government and may have intended to influence as well as inform." DO officials told Committee staff that this type of description was routine and was done in order to protect the former ambassador as the source of the information, which they had told him they would do. DO officials also said they alerted WINPAC analysts when the report was being disseminated because they knew the "high priority of the issue." The report was widely distributed in routine channels.

( )The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was Prime Minister (1997-1999) or Foreign Minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it. Mayaki said, however, that in June 1999,( ) businessman, approached him and insisted that Mayaki meet with an Iraqi delegation to discuss "expanding commercial relations" between Niger and Iraq. The intelligence report said that Mayaki interpreted "expanding commercial relations" to mean that the delegation wanted to discuss uranium yellowcake sales. The intelligence report also said that "although the meeting took place, Mayaki let the matter drop due to the UN sanctions on Iraq."

( )The intelligence report also said that Nicter's former Minister for Energy and Mines ( ), Mai Manga, stated that there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. He knew of no contracts signed between Niger and any rogue states for the sale of uranium. He said that an Iranian delegation was interested in purchasing 400 tons of yellowcake from Niger in 1998, but said that no contract was ever signed with Iran. Mai Manga also described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas. Mai Manga believed it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.

(U) In an interview with Committee staff, the former ambassador was able to provide more information about the meeting between former Prime Minister Mayaki and the Iraqi delegation. The former ambassador said that Mayaki did meet with the Iraqi delegation but never discussed what was meant by "expanding commercial relations."The former ambassador said that because Mayaki was wary of discussing any trade issues with a country under United Nations (UN) sanctions, he made a successful effort to steer the conversation away from a discussion of trade with the Iraqi delegation.

( )When the former ambassador spoke to Committee staff, his description of his findings differed from the DO intelligence report and his account of information provided to him by the CIA differed from the CIA officials' accounts in some respects. First, the former ambassador described his findings to Committee staff as more directly related to Iraq and, specifically, as refuting both the possibility that Niger could have sold uranium to Iraq and that Iraq approached Niger to purchase uranium. The intelligence report described how the structure of Niger's uranium mines would make it difficult, if not impossible, for Niger to sell uranium to rouge nations, and noted that Nigerien officials denied knowledge of any deals to sell uranium to any rogue states, but did not refute the possibility that Iraq had approached Niger to purchase uranium.

Second, the former ambassador said that he discussed with his CIA contacts which names and signatures should have appeared on any documentation of a legitimate uranium transaction. In fact, the intelligence report made no mention of the alleged Iraq-Niger uranium deal or signatures that should have appeared on any documentation of such a deal.

The only mention of Iraq in the report pertained to the meeting between the Iraqi delegation and former Prime Minister Mayaki. Third, the former ambassador noted that his CIA contacts told him there were documents pertaining to the alleged Iraq-Niger uranium transaction and that the source of the information was the intelligence service. The DO reports officer told Committee staff that he did not provide the former ambassador with any information about the source or details of the original reporting as it would have required sharing classified information and, noted that there were no "documents" circulating in the IC at the time of the former ambassador's trip, only intelligence reports from intelligence regarding an alleged Iraq-Niger uranium deal. Meeting notes and other correspondence show that details of the reporting were discussed at the February 19, 2002 meeting, but none of the meeting participants recall telling the former ambassador the source of the report

(U) The former ambassador also told Committee staff that he was the source of a Washington Post article ("CIA Did Not Share Doubt on Iraq Data; Bush Used Report of Uranium Bid," June 12, 2003) which said, "among the Envoy's conclusions was that the documents may have been forged because `the dates were wrong and the names were wrong." Committee staff asked how the former ambassador could have come to the conclusion that the "dates were wrong and the names were wrong" when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports. The former ambassador said that he may have "misspoken" to the reporter when he said he concluded the documents were "forged." He also said he may have become confused about his own recollection after the International Atomic Energy Agency (IAEA) reported in March 2003 that the names and dates on the documents were not correct and may have thought he had seen the names himself. The former ambassador reiterated that he had been able to collect the names of the government officials which should have been on the documents.

(U) The former ambassador told Committee staff that he had no direct knowledge of how the information he provided was handled by the CIA, but, based on his previous government experience, he believed that the report would have been distributed to the White House and that the Vice President received a direct response to his question about the possible uranium deal. He said,

"Whether or not there was a specific response to the specific question the Vice President asked I don't know for a fact, other than to know, having checked with my own memory when I was in the White House at the National Security Council . . . any time an official who is senior enough to ask that question, that official was, senior enough to have a very specific response. The question then becomes whether the response came back as a telephone call, a non-paper - in other words, talking points - or orally briefed, or a specific cable in addition to the more general report that is circulated."

( ) The CIA's DO gave the former ambassador's information a grade of "good," which means that it added to the IC's body of understanding on the issue, ( ). The possible grades are unsatisfactory, satisfactory, good, excellent, and outstanding, which, according to the Deputy Chief of CPD, are very subjective. SENTENCE DELETED The reports officer said that a "good" grade was merited because the information responded to at least some of the outstanding questions in the Intelligence Community, but did not provide substantial new information. He said he judged that the most important fact in the report was that the Nigerien officials admitted that the Iraqi delegation had traveled there in 1999, and that the Nigerien Prime Minister believed the Iraqis were interested in purchasing uranium, because this provided some confirmation of foreign government service reporting.

(U) IC analysts had a fairly consistent response to the intelligence report based on the former ambassador's trip in that no one believed it added a great deal of new information to the Iraq-Niger uranium story. An INR analyst said when he saw the report he believed that it corroborated the INR's position, but said that the "report could be read in different ways." He said the report was credible, but did not give it a lot of attention because he was busy with other things.

(U) DIA and CIA analysts said that when they saw the intelligence report they did not believe that it supplied much new information and did not think that it clarified the story on the alleged Iraq-Niger uranium deal. They did not find Nigerien denials that they had discussed uranium sales with Iraq as very surprising because they had no expectation that Niger would admit to such an agreement if it did exist. The analysts did, however, find it interesting that the former Nigerien Prime Minister said an Iraqi delegation had visited Niger for what he believed was to discuss uranium sales.

(U) Because CIA analysts did not believe that the report added any new information to clarify the issue, they did not use the report to produce any further analytical products or highlight the report for policymakers. For the same reason, CIA's briefer did not brief the Vice President on the report, despite the Vice President's previous questions about the issue.

( ) On March 25, 2002, the DO issued a third and final intelligence report from the same "[foreign] government service." The report said that the 2000 agreement by Niger to provide uranium to Iraq specified that 500 tons of uranium per year would be delivered in .

( )As in the two previous reports, the government service was not identified as the foreign government service. The foreign government service did not provide the DO with information about its source and the DO, to date, remains uncertain as to how the foreign government service collected the information in the three intelligence reports. There were no obvious inconsistencies in the names of officials mentioned or the dates of the transactions in any of the three reports. Of the seven names mentioned in the reporting, two were former high ranking officials who were the individuals in the positions described in the reports at the time described and five were lower ranking officials. Of the five lower ranking, two were not the individuals in the positions described in the reports, however, these do not appear to be names or positions with which intelligence analysts would have been familiar. For example, an INR analyst who had recently returned from a position as Deputy Chief of Mission at the U.S. Embassy in Niger told Committee staff that he did not notice any inconsistencies with the names of the officials mentioned. The only mistake in any of the reports regarding dates, is that one date, July 7, 2000, is said to be a Wednesday in the report, but was actually a Friday.

Clear evidence that W was speaking from intelligence he was being given .. and why Tenet is gone:

globalsecurity.com - Niger conclusions

U) Conclusion 21. When coordinating the State of the Union, no Central Intelligence Agency (CIA) analysts or officials told the National Security Council (NSC) to remove the "16 words" or that there were concerns about the credibility of the Iraq-Niger uranium reporting. A CIA official's original testimony to the Committee that he told an NSC official to remove the words "Niger" and "500 tons" from the speech, is incorrect.

PARAGRAPH DELETED

(U) Conclusion 22. The Director of Central Intelligence (DCI) should have taken the time to read the State of the Union speech and fact check it himself. Had he done so, he would have been able to alert the National Security Council (NSC) if he still had concerns about the use of the Iraq-Niger uranium reporting in a Presidential speech.

(U) Conclusion 23. The Central Intelligence Agency (CIA), Defense Humint Service (DHS), or the Navy should have followed up with a West African businessman, mentioned in a Navy report, who indicated he was willing to provide information about an alleged uranium transaction between Niger and Iraq in November 2002.

PARAGRAPH DELETED

( ) Conclusion 24. In responding to a letter from Senator Carl Levin on behalf of the Intelligence Community in February 2003, the Central Intelligence Agency (CIA) should not have said that "DELETED of reporting suggest Iraq had attempted to acquire uranium from Niger," without indicating that State Department's Bureau of Intelligence and Research (INR) believed the reporting was based on forged documents, or that the CIA was reviewing the Niger reporting.

PARAGRAPH DELETED

(U) Conclusion 25. The Niger reporting was never in any of the drafts of Secretary Powell's United Nations (UN) speech and the Committee has not uncovered any information that showed anyone tried to insert the information into the speech.

PARAGRAPH DELETED

(U) Conclusion 26. To date, the Intelligence Community has not published an assessment to clarify or correct its position on whether or not Iraq was trying to purchase uranium from Africa as stated in the National Intelligence Estimate (NIE). Likewise, neither the Central Intelligence Agency (CIA) nor the Defense Intelligence Agency (DIA), which both published assessments on possible Iraqi efforts to acquire uranium, have ever published assessments outside of their agencies which correct their previous positions.

PARAGRAPH DELETED

footnotes

9 In March 2003, the Vice Chairman of the Committee, Senator Rockefeller, requested that the Federal Bureau of Investigation (FBI) investigate the source of the documents, , the motivation of those responsible for the forgeries, and the extent to which the forgeries were part of a disinformation campaign. Because of the FBI's current investigation into this matter, the Committee did not examine these issues.

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