Cheney, Libby Blocked Papers To Senate
Intelligence Panel
National Journal
By Murray Waas, special to National Journal
© National Journal Group Inc.
Thursday, Oct. 27, 2005
Vice President Cheney and his chief of staff, I. Lewis "Scooter" Libby,
overruling advice from some White House political staffers and lawyers, decided
to withhold crucial documents from the Senate Intelligence Committee in 2004
when the panel was investigating the use of pre-war intelligence that
erroneously concluded Saddam Hussein had weapons of mass destruction, according
to Bush administration and congressional sources.
Among the White House materials withheld from the committee were
Libby-authored passages in drafts of a speech that then-Secretary of State
Colin L. Powell delivered to the United Nations in February 2003 to argue the
Bush administration's case for war with Iraq, according to congressional and
administration sources. The withheld documents also included intelligence data
that Cheney's office -- and Libby in particular -- pushed to be included in
Powell's speech, the sources said.
The new information that Cheney and Libby blocked information to the Senate
Intelligence Committee further underscores the central role played by the vice
president's office in trying to blunt criticism that the Bush administration
exaggerated intelligence data to make the case to go to war.
The disclosures also come as Special Prosecutor Patrick Fitzgerald wraps up
the nearly two-year-old CIA leak investigation that has focused heavily on
Libby's role in discussing covert intelligence operative Valerie Plame with
reporters. Fitzgerald could announce as soon as tomorrow whether a federal
grand jury is handing up indictments in the case.
Central to Fitzgerald's investigation is whether administration officials
disclosed Plame's identity and CIA status in an effort to discredit her
husband, former ambassador and vocal Bush administration critic Joseph Wilson,
who wrote newspaper op-ed columns and made other public charges beginning in
2003 that the administration misused intelligence on Iraq that he gathered on a
CIA-sponsored trip to Africa.
In recent weeks Fitzgerald's investigation has zeroed in on the activities
of Libby, who is Cheney's top national security and foreign policy advisor, as
well as the conflict between the vice president's office on one side and the
CIA and State Department on the other over the use of intelligence on Iraq. The
New York Times reported this week, for example, that Libby first learned about
Plame and her covert CIA status from Cheney in a conversation with the vice
president weeks before Plame's cover was blown in a July 2003 newspaper column
by Robert Novak.
The Intelligence Committee at the time was trying to determine whether the
CIA and other intelligence agencies provided faulty or erroneous intelligence
on Iraq to President Bush and other government officials. But the committee
deferred the much more politically sensitive issue as to whether the president
and the vice president themselves, or other administration officials,
misrepresented intelligence information to bolster the case to go to war. An
Intelligence Committee spokesperson says the panel is still working on this
second phase of the investigation.
Had the withheld information been turned over, according to administration
and congressional sources, it likely would have shifted a portion of the blame
away from the intelligence agencies to the Bush administration as to who was
responsible for the erroneous information being presented to the American
public, Congress, and the international community.
In April 2004, the Intelligence Committee released a report that concluded
that "much of the information provided or cleared by the Central Intelligence
Agency for inclusion in Secretary Powell's [United Nation's] speech was
overstated, misleading, or incorrect."
Both Republicans and Democrats on the committee say that their investigation
was hampered by the refusal of the White House to turn over key documents,
although Republicans said the documents were not as central to the
investigation.
In addition to withholding drafts of Powell's speech -- which included
passages written by Libby -- the administration also refused to turn over to
the committee contents of the president's morning intelligence briefings on
Iraq, sources say. These documents, known as the Presidential Daily Brief, or
PDB, are a written summary of intelligence information and analysis provided by
the CIA to the president.
One congressional source said, for example, that senators wanted to review
the PDBs to determine whether dissenting views from the State Department's
Bureau of Intelligence and Research, the Department of Energy, and other
agencies that often disagreed with the CIA on the question of Iraq's programs
to develop weapons of mass destruction were being presented to the
president.
An administration spokesperson said that the White House was justified in
turning down the document demand from the Senate, saying that the papers
reflected "deliberative discussions" among "executive branch principals" and
were thus covered under longstanding precedent and executive privilege rules.
Throughout the president's five years in office, the Bush administration has
been consistently adamant about not turning internal documents over to Congress
and other outside bodies.
At the same time, however, administration officials said in interviews that
they cannot recall another instance in which Cheney and Libby played such
direct personal roles in denying foreign policy papers to a congressional
committee, and that in doing so they overruled White House staff and lawyers
who advised that the materials should be turned over to the Senate panel.
Administration sources also said that Cheney's general counsel, David
Addington, played a central role in the White House decision not to turn over
the documents. Addington did not return phone calls seeking comment. Cheney's
office declined to comment after requesting that any questions for this article
be submitted in writing.
A former senior administration official familiar with the discussions on
whether to turn over the materials said there was a "political element" in the
matter. This official said the White House did not want to turn over records
during an election year that could used by critics to argue that the
administration used incomplete or faulty intelligence to go to war with Iraq.
"Nobody wants something like this dissected or coming out in an election year,"
the former official said.
But the same former official also said that Libby felt passionate that the
CIA and other agencies were not doing a good job at intelligence gathering,
that the Iraqi war was a noble cause, and that he and the vice president were
only making their case in good faith. According to the former official, Libby
cited those reasons in fighting for the inclusion in Powell's U.N. speech of
intelligence information that others mistrusted, in opposing the release of
documents to the Intelligence Committee, and in moving aggressively to counter
Wilson's allegations that the Bush administration distorted intelligence
findings.
Both Republicans and Democrats on the committee backed the document request
to the White House regarding Libby's drafts of the Powell speech,
communications between Libby and other administration officials on intelligence
information that might be included in the speech, and Libby's contacts with
officials in the intelligence community relating to Iraq.
In his address to the United Nations on February 5, 2003, Powell argued that
intelligence information showed that Saddam Hussein's regime was aggressively
pursuing programs to develop chemical, biological, and nuclear weapons
Only after the war did U.N. inspectors and the public at large learn that
the intelligence data had been incorrect and that Iraq had been so crippled by
international sanctions that it could not sustain such a program.
The April 2004 Senate report blasted what it referred to as an insular and
risk- averse culture of bureaucratic "group think" in which officials were
reluctant to challenge their own longstanding notions about Iraq and its
weapons programs. All nine Republicans and eight Democrats signed onto this
document without a single dissent, a rarity for any such report in Washington,
especially during an election year.
After the release of the report, Intelligence Committee, Chairman Pat
Roberts, R-Kan., and Vice Chairman Jay Rockefeller, D-W.Va., said they doubted
that the Senate would have authorized the president to go to war if senators
had been given accurate information regarding Iraq's programs on weapons of
mass destruction.
"I doubt if the votes would have been there," Roberts said. Rockefeller
asserted, "We in Congress would not have authorized that war, in 75 votes, if
we knew what we know now."
Roberts' spokeswoman, Sarah Little, said the second phase of the committee's
investigation would also examine how pre-war intelligence focused on the fact
that intelligence analysts -- while sounding alarms that a humanitarian crisis
that might follow the war - failed to predict the insurgency that would arise
after the war.
Little says that it was undecided whether the committee would produce a
classified report, a declassified one that could ultimately be made public, or
hold hearings.
When the 2004 Senate Intelligence Committee was made public, Bush, Cheney,
and other administration officials cited it as proof that the administration
acted in good faith on Iraq and relied on intelligence from the CIA and others
that it did not know was flawed.
But some congressional sources say that had the committee received all the
documents it requested from the White House the spotlight could have shifted to
the heavy advocacy by Cheney's office to go to war. Cheney had been the
foremost administration advocate for war with Iraq, and Libby played a central
staff role in coordinating the sale of the war to both the public and
Congress.
In advocating war with Iraq, Libby was known for dismissing those within the
bureaucracy who opposed him, whether at the CIA, State Department, or other
agencies. Supporters say that even if Libby is charged by the grand jury in the
CIA leak case, he waged less a personal campaign against Wilson and Plame than
one that reflected a personal antipathy toward critics in general.
Lawrence Wilkerson, who served as chief of staff to Powell as Secretary of
State, charged in a recent speech that there was a "cabal between Vice
President Cheney and Secretary of Defense [Donald L.] Rumsfeld on critical
decisions that the bureaucracy did not know was being made."
In interagency meetings in preparation for Powell's U.N. address, Wilkerson,
Powell, and senior CIA officials argued that evidence Libby wanted to include
as part of Powell's presentation was exaggerated or unreliable. Cheney, too,
became involved in those discussions, sources said, when he believed that
Powell and others were not taking Libby's suggestions seriously.
Wilkerson has said that he ordered "whole reams of paper" of intelligence
information excluded from Libby's draft of Powell's speech. Another official
recalled that Libby was pushing so hard to include certain intelligence
information in the speech that Libby lobbied Powell for last minute changes in
a phone call to Powell's suite at the Waldorf Astoria hotel the night before
the speech. Libby's suggestions were dismissed by Powell and his staff.
John E. McLaughlin, then-deputy director of the CIA, has testified to
Congress that "much of our time in the run-up to the speech was spent taking
out material... that we and the secretary's staff judged to have been
unreliable."
The passion that Libby brought to his cause is perhaps further illustrated
by a recent Los Angeles Times report that in April 2004, months after
Fitzgerald's leak investigation was underway, Libby ordered "a meticulous
catalog of Wilson's claims and public statements going back to early 2003"
because Libby was "consumed by passages that he believed were inaccurate or
unfair" to him.
The newspaper reported that the "intensity with which Libby reacted to
Wilson had many senior White House staffers puzzled, and few agreed with his
counterattack plan, or its rationale."
A former administration official said that "this might have been about
politics on some level, but it is also personal. [Libby] feels that his honor
has been questioned, and his instinct is to strike back."
Now, as Libby battles back against possible charges by a special prosecutor,
he might be seeking vindication on an entirely new level.
-- Murray Waas is a Washington-based journalist. His previous articles,
focusing on Rove's role in the case, Libby's grand jury testimony, the apparent
direction of Fitzgerald's investigation, and the Secret Service records that
prompted Miller's key testimony also appeared on NationalJournal.com
|