Gonzales gave White House 12
hours to destroy documents
NY Times
Eight Days in July
By FRANK RICH
Published: July 24, 2005
PRESIDENT BUSH'S new Supreme Court nominee was a historic
first after all: the first to be announced on TV dead center in
prime time, smack in the cross hairs of "I Want to Be a Hilton."
It was also one of the hastiest court announcements in memory,
abruptly sprung a week ahead of the White House's original
timetable. The agenda of this rushed showmanship - to change the
subject in Washington - could not have been more naked. But the
president would have had to nominate Bill Clinton to change this
subject.
When a conspiracy is unraveling, and it's every liar and his
lawyer for themselves, the story takes on a momentum of its own.
When the conspiracy is, at its heart, about the White House's
twisting of the intelligence used to sell the American people a
war - and its desperate efforts to cover up that flimflam once
the W.M.D. cupboard proved bare and the war went south - the
story will not end until the war really is in its "last
throes."
Only 36 hours after the John Roberts unveiling, The Washington
Post nudged him aside to second position on its front page.
Leading the paper instead was a scoop concerning a State
Department memo circulated the week before the outing of Joseph
Wilson's wife, the C.I.A. officer Valerie Plame, in literally the
loftiest reaches of the Bush administration - on Air Force One.
The memo, The Post reported, marked the paragraph containing
information about Ms. Plame with an S for secret. So much for the
cover story that no one knew that her identity was covert.
But the scandal has metastasized so much at this point that
the forgotten man Mr. Bush did not nominate to the Supreme Court
is as much a window into the White House's panic and stonewalling
as its haste to put forward the man he did. When the president
decided not to replace Sandra Day O'Connor with a woman, why did
he pick a white guy and not nominate the first Hispanic justice,
his friend Alberto Gonzales? Mr. Bush was surely not scared off
by Gonzales critics on the right (who find him soft on abortion)
or left (who find him soft on the Geneva Conventions). It's Mr.
Gonzales's proximity to this scandal that inspires real fear.
As White House counsel, he was the one first notified that the
Justice Department, at the request of the C.I.A., had opened an
investigation into the outing of Joseph Wilson's wife. That
notification came at 8:30 p.m. on Sept. 29, 2003, but it took Mr.
Gonzales 12 more hours to inform the White House staff that it
must "preserve all materials" relevant to the investigation. This
12-hour delay, he has said, was sanctioned by the Justice
Department, but since the department was then run by John
Ashcroft, a Bush loyalist who refused to recuse himself from the
Plame case, inquiring Senate Democrats would examine this 12-hour
delay as closely as an 18½-minute tape gap. "Every good
prosecutor knows that any delay could give a culprit time to
destroy the evidence," said Senator Charles Schumer, correctly,
back when the missing 12 hours was first revealed almost two
years ago. A new Gonzales confirmation process now would have
quickly devolved into a neo-Watergate hearing. Mr. Gonzales was
in the thick of the Plame investigation, all told, for 16
months.
Thus is Mr. Gonzales's Supreme Court aspiration the first
White House casualty of this affair. It won't be the last. When
you look at the early timeline of this case, rather than the
latest investigatory scraps, two damning story lines emerge and
both have legs.
The first: for half a year White House hands made the fatal
mistake of thinking they could get away with trashing the Wilsons
scot-free. They thought so because for nearly three months after
the July 6, 2003, publication of Mr. Wilson's New York Times
Op-Ed article and the outing of his wife in a Robert Novak
column, there was no investigation at all. Once the unthreatening
Ashcroft-controlled investigation began, there was another comfy
three months.
Only after that did Patrick Fitzgerald, the special counsel,
take over and put the heat on. Only after that did investigators
hustle to seek Air Force One phone logs and did Mr. Bush feel
compelled to hire a private lawyer. But by then the conspirators,
drunk with the hubris characteristic of this administration, had
already been quite careless.
It was during that pre-Fitzgerald honeymoon that Scott
McClellan declared that both Karl Rove and Dick Cheney's chief of
staff, Lewis Libby, had personally told him they were "not
involved in this" - neither leaking any classified information
nor even telling any reporter that Valerie Plame worked for the
C.I.A. Matt Cooper has now written in Time that it was through
his "conversation with Rove" that he "learned for the first time
that Wilson's wife worked at the C.I.A." Maybe it all depends on
what the meaning of "telling," "involved" or "this" is. If these
people were similarly cute with F.B.I. agents and the grand jury,
they've got an obstruction-of-justice problem possibly more grave
than the hard-to-prosecute original charge of knowingly outing a
covert agent.
Most fertile - and apparently ground zero for Mr. Fitzgerald's
investigation - is the period at the very outset when those
plotting against Mr. Wilson felt safest of all: those eight days
in July 2003 between the Wilson Op-Ed, which so infuriated the
administration, and the retaliatory Novak column. It was during
that long week, on a presidential trip to Africa, that Colin
Powell was seen on Air Force One brandishing the classified State
Department memo mentioning Valerie Plame, as first reported by
The New York Times.
That memo may have been the genesis of an orchestrated assault
on the Wilsons. That the administration was then cocky enough and
enraged enough to go after its presumed enemies so systematically
can be found in a similar, now forgotten attack that was hatched
on July 15, the day after the publication of Mr. Novak's column
portraying Mr. Wilson as a girlie man dependent on his wife for
employment.
On that evening's broadcast of ABC's "World News Tonight,"
American soldiers in Falluja spoke angrily of how their tour of
duty had been extended yet again, only a week after Donald
Rumsfeld told them they were going home. Soon the Drudge Report
announced that ABC's correspondent, Jeffrey Kofman, was gay. Matt
Drudge told Lloyd Grove of The Washington Post at the time that
"someone from the White House communications shop" had given him
that information.
Mr. McClellan denied White House involvement with any Kofman
revelation, a denial now worth as much as his denials of White
House involvement with the trashing of the Wilsons. Identifying
someone as gay isn't a crime in any event, but the "outing" of
Mr. Kofman (who turned out to be openly gay) almost
simultaneously with the outing of Ms. Plame points to a pervasive
culture of revenge in the White House and offers a clue as to who
might be driving it. As Joshua Green reported in detail in The
Atlantic Monthly last year, a recurring feature of Mr. Rove's
political campaigns throughout his career has been the
questioning of an "opponent's sexual orientation."
THE second narrative to be unearthed in the scandal's early
timeline is the motive for this reckless vindictiveness against
anyone questioning the war. On May 1, 2003, Mr. Bush celebrated
"Mission Accomplished." On May 29, Mr. Bush announced that "we
found the weapons of mass destruction." On July 2, as attacks
increased on American troops, Mr. Bush dared the insurgents to
"bring 'em on." But the mission was not accomplished, the weapons
were not found and the enemy kept bringing 'em on. It was against
this backdrop of mounting desperation on July 6 that Mr. Wilson
went public with his incriminating claim that the most potent
argument for the war in the first place, the administration's
repeated intimations of nuclear Armageddon, involved twisted
intelligence.
Mr. Wilson's charge had such force that just three days after
its publication, Mr. Bush radically revised his language about
W.M.D.'s. Saddam no longer had W.M.D.'s; he had a W.M.D.
"program." Right after that George Tenet suddenly decided to
release a Friday-evening statement saying that the 16 errant
words about African uranium "should never have been included" in
the January 2003 State of the Union address - even though those
16 words could and should have been retracted months earlier. By
the next State of the Union, in January 2004, Mr. Bush would
retreat completely, talking not about finding W.M.D.'s or even
W.M.D. programs, but about "weapons of mass destruction-related
program activities."
In July 2005, there are still no W.M.D.'s, and we're still
waiting to hear the full story of how, in the words of the
Downing Street memo, the intelligence was fixed to foretell all
those imminent mushroom clouds in the run-up to war in Iraq. The
two official investigations into America's prewar intelligence
have both found that our intelligence was wrong, but neither has
answered the question of how the administration used that wrong
intelligence in selling the war. That issue was pointedly kept
out of the charter of the Silberman-Robb commission; the Senate
Intelligence Committee promised to get to it after the election
but conspicuously has not.
The real crime here remains the sending of American men and
women to Iraq on fictitious grounds. Without it, there wouldn't
have been a third-rate smear campaign against an obscure
diplomat, a bungled cover-up and a scandal that - like the war
itself - has no exit strategy that will not inflict pain.
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