The Judith Miller Story
My Four Hours Testifying in the Federal Grand Jury
Room
NY Times
By Judith Miller
Published: October 16, 2005
In July 2003, Joseph C. Wilson IV, a former ambassador, created a firestorm
by publishing an essay in The New York Times that accused the Bush
administration of using faulty intelligence to justify the war in Iraq. The
administration, he charged, ignored findings of a secret mission he had
undertaken for the Central Intelligence Agency - findings, he said, that
undermined claims that Iraq was seeking uranium for a nuclear bomb.
It was the first time Mr. Wilson had gone public with his criticisms of the
White House. Yet he had already become a focus of significant scrutiny at the
highest levels of the Bush administration.
Almost two weeks earlier, in an interview with me on June 23, Vice President
Dick Cheney's chief of staff, I. Lewis Libby, discussed Mr. Wilson's activities
and placed blame for intelligence failures on the C.I.A. In later conversations
with me, on July 8 and July 12, Mr. Libby, who is Mr. Cheney's top aide, played
down the importance of Mr. Wilson's mission and questioned his performance.
My notes indicate that well before Mr. Wilson published his critique, Mr.
Libby told me that Mr. Wilson's wife may have worked on unconventional weapons
at the C.I.A.
My notes do not show that Mr. Libby identified Mr. Wilson's wife by name.
Nor do they show that he described Valerie Wilson as a covert agent or
"operative," as the conservative columnist Robert D. Novak first described her
in a syndicated column published on July 14, 2003. (Mr. Novak used her maiden
name, Valerie Plame.)
This is what I told a federal grand jury and the special counsel
investigating whether administration officials committed a crime by leaking Ms.
Plame's identity and the nature of her job to reporters.
During my testimony on Sept. 30 and Oct. 12, the special counsel, Patrick J.
Fitzgerald, asked me whether Mr. Libby had shared classified information with
me during our several encounters before Mr. Novak's article. He also asked
whether I thought Mr. Libby had tried to shape my testimony through a letter he
sent to me in jail last month. And Mr. Fitzgerald asked whether Mr. Cheney had
known what his chief aide was doing and saying.
My interview notes show that Mr. Libby sought from the beginning, before Mr.
Wilson's name became public, to insulate his boss from Mr. Wilson's charges.
According to my notes, he told me at our June meeting that Mr. Cheney did not
know of Mr. Wilson, much less know that Mr. Wilson had traveled to Niger, in
West Africa, to verify reports that Iraq was seeking to acquire uranium for a
weapons program.
As I told the grand jury, I recalled Mr. Libby's frustration and anger about
what he called "selective leaking" by the C.I.A. and other agencies to distance
themselves from what he recalled as their unequivocal prewar intelligence
assessments. The selective leaks trying to shift blame to the White House, he
told me, were part of a "perverted war" over the war in Iraq. I testified about
these conversations after spending 85 days in jail for refusing to cooperate
with the grand jury inquiry. Having been summoned to testify before the grand
jury, I went to jail instead, to protect my source - Mr. Libby - because he had
not communicated to me his personal and voluntary permission to speak.
At the behest of President Bush and Mr. Fitzgerald, Mr. Libby had signed a
blanket form waiver, which his lawyer signaled to my counsel was not really
voluntary, even though Mr. Libby's lawyer also said it had enabled other
reporters to cooperate with the grand jury. But I believed that nothing short
of a personal letter and a telephone call would allow me to assess whether Mr.
Libby truly wished to free me from the pledge of confidentiality I had given
him. The letter and the telephone call came last month.
Equally central to my decision was Mr. Fitzgerald, the prosecutor. He had
declined to confine his questioning to the subject of Mr. Libby. This meant I
would have been unable to protect other confidential sources who had provided
information - unrelated to Mr. Wilson or his wife - for articles published in
The Times. Last month, Mr. Fitzgerald agreed to limit his questioning.
Without both agreements, I would not have testified and would still be in
jail.
I testified in Washington twice - most recently last Wednesday after finding
a notebook in my office at The Times that contained my first interview with Mr.
Libby. Mr. Fitzgerald told the grand jury that I was testifying as a witness
and not as a subject or target of his inquiry.
This account is based on what I remember of my meetings with Mr. Fitzgerald
and my testimony before the grand jury. I testified for almost four hours, much
of that time taken by Mr. Fitzgerald asking me to decipher and explain my notes
of my interviews with Mr. Libby, which I had provided to him.
I was not permitted to take notes of what I told the grand jury, and my
interview notes on Mr. Libby are sketchy in places. It is also difficult, more
than two years later, to parse the meaning and context of phrases, of
underlining and of parentheses. On one page of my interview notes, for example,
I wrote the name "Valerie Flame." Yet, as I told Mr. Fitzgerald, I simply could
not recall where that came from, when I wrote it or why the name was
misspelled.
I testified that I did not believe the name came from Mr. Libby, in part
because the notation does not appear in the same part of my notebook as the
interview notes from him.
The First Libby Meeting
Early in my grand jury testimony, Mr. Fitzgerald asked me to describe my
history with Mr. Libby and explain how I came to interview him in 2003.
I said I had known Mr. Libby indirectly through my work as a co-author of
"Germs," a book on biological weapons published in September 2001. Mr. Libby
had assisted one of my co-authors, and the first time I met Mr. Libby he asked
for an inscribed copy of "Germs."
In June 2003 I had just returned from Iraq, where I had been embedded with a
special military unit charged with finding Saddam Hussein's unconventional
weapons. Now I was assigned to a team of reporters at The Times examining why
no such weapons had been found.
On the afternoon of June 23, 2003, I arrived at the Old Executive Office
Building to interview Mr. Libby, who was known to be an avid consumer of prewar
intelligence assessments, which were already coming under fierce criticism. The
first entry in my reporter's notebook from this interview neatly captured the
question foremost in my mind.
"Was the intell slanted?" I wrote, referring to the intelligence assessments
of Iraq and underlining the word "slanted."
I recall that Mr. Libby was displeased with what he described as "selective
leaking" by the C.I.A. He told me that the agency was engaged in a "hedging
strategy" to protect itself in case no weapons were found in Iraq. "If we find
it, fine, if not, we hedged," is how he described the strategy, my notes
show.
I recall that Mr. Libby was angry about reports suggesting that senior
administration officials, including Mr. Cheney, had embraced skimpy
intelligence about Iraq's alleged efforts to buy uranium in Africa while
ignoring evidence to the contrary. Such reports, he said, according to my
notes, were "highly distorted."
Mr. Libby said the vice president's office had indeed pressed the Pentagon
and the State Department for more information about reports that Iraq had
renewed efforts to buy uranium. And Mr. Cheney, he said, had asked about the
potential ramifications of such a purchase. But he added that the C.I.A. "took
it upon itself to try and figure out more" by sending a "clandestine guy" to
Niger to investigate. I told Mr. Fitzgerald that I thought "clandestine guy"
was a reference to Mr. Wilson - Mr. Libby's first reference to him in my
notes.
In May and in early June, Nicholas D. Kristof, a columnist at The Times,
wrote of Mr. Wilson's trip to Niger without naming him. Mr. Kristof wrote that
Mr. Wilson had been sent to Niger "at the behest" of Mr. Cheney's office.
My notes indicate that Mr. Libby took issue with the suggestion that his
boss had had anything to do with Mr. Wilson's trip. "Veep didn't know of Joe
Wilson," I wrote, referring to the vice president. "Veep never knew what he did
or what was said. Agency did not report to us."
Soon afterward Mr. Libby raised the subject of Mr. Wilson's wife for the
first time. I wrote in my notes, inside parentheses, "Wife works in bureau?" I
told Mr. Fitzgerald that I believed this was the first time I had been told
that Mr. Wilson's wife might work for the C.I.A. The prosecutor asked me
whether the word "bureau" might not mean the Federal Bureau of Investigation.
Yes, I told him, normally. But Mr. Libby had been discussing the C.I.A., and
therefore my impression was that he had been speaking about a particular bureau
within the agency that dealt with the spread of nuclear, biological and
chemical weapons. As to the question mark, I said I wasn't sure what it meant.
Maybe it meant I found the statement interesting. Maybe Mr. Libby was not
certain whether Mr. Wilson's wife actually worked there.
What was evident, I told the grand jury, was Mr. Libby's anger that Mr. Bush
might have made inaccurate statements because the C.I.A. failed to share doubts
about the Iraq intelligence.
"No briefer came in and said, 'You got it wrong, Mr. President,' " he said,
according to my notes.
The Second Libby Meeting
I interviewed Mr. Libby for a second time on July 8, two days after Mr.
Wilson published his essay attacking the administration on the Op-Ed Page of
The Times.
Our meeting, which lasted about two hours, took place over breakfast at the
St. Regis Hotel in Washington. I told Mr. Fitzgerald that I almost certainly
began this interview by asking about Mr. Wilson's essay, which appeared to have
agitated Mr. Libby. As I recall, Mr. Libby asserted that the essay was
inaccurate.
Mr. Fitzgerald asked about a notation I made on the first page of my notes
about this July 8 meeting, "Former Hill staffer."
My recollection, I told him, was that Mr. Libby wanted to modify our prior
understanding that I would attribute information from him to a "senior
administration official." When the subject turned to Mr. Wilson, Mr. Libby
requested that he be identified only as a "former Hill staffer." I agreed to
the new ground rules because I knew that Mr. Libby had once worked on Capitol
Hill.
Did Mr. Libby explain this request? Mr. Fitzgerald asked. No, I don't
recall, I replied. But I said I assumed Mr. Libby did not want the White House
to be seen as attacking Mr. Wilson.
Mr. Libby then proceeded through a lengthy and sharp critique of Mr. Wilson
and what Mr. Libby viewed as the C.I.A.'s backpedaling on the intelligence
leading to war. According to my notes, he began with a chronology of what he
described as credible evidence of Iraq's efforts to procure uranium. As I told
Mr. Fitzgerald and the grand jury, Mr. Libby alluded to the existence of two
intelligence reports about Iraq's uranium procurement efforts. One report dated
from February 2002. The other indicated that Iraq was seeking a broad trade
relationship with Niger in 1999, a relationship that he said Niger officials
had interpreted as an effort by Iraq to obtain uranium.
My notes indicate that Mr. Libby told me the report on the 1999 delegation
had been attributed to Joe Wilson.
Mr. Libby also told me that on the basis of these two reports and other
intelligence, his office had asked the C.I.A. for more analysis and
investigation of Iraq's dealings with Niger. According to my interview notes,
Mr. Libby told me that the resulting cable - based on Mr. Wilson's fact-finding
mission, as it turned out - barely made it out of the bowels of the C.I.A. He
asserted that George J. Tenet, then the director of central intelligence, had
never even heard of Mr. Wilson.
As I told Mr. Fitzgerald, Mr. Libby also cited a National Intelligence
Estimate on Iraq, produced by American intelligence agencies in October 2002,
which he said had firmly concluded that Iraq was seeking uranium.
An unclassified version of that estimate had been made public before my
interviews with Mr. Libby. I told Mr. Fitzgerald that I had pressed Mr. Libby
to discuss additional information that was in the more detailed, classified
version of the estimate. I said I had told Mr. Libby that if The Times was
going to do an article, the newspaper needed more than a recap of the
administration's weapons arguments. According to my interview notes, though, it
appears that Mr. Libby said little more than that the assessments of the
classified estimate were even stronger than those in the unclassified
version.
Although I was interested primarily in my area of expertise - chemical and
biological weapons - my notes show that Mr. Libby consistently steered our
conversation back to the administration's nuclear claims. His main theme echoed
that of other senior officials: that contrary to Mr. Wilson's criticism, the
administration had had ample reason to be concerned about Iraq's nuclear
capabilities based on the regime's history of weapons development, its use of
unconventional weapons and fresh intelligence reports.
At that breakfast meeting, our conversation also turned to Mr. Wilson's
wife. My notes contain a phrase inside parentheses: "Wife works at Winpac." Mr.
Fitzgerald asked what that meant. Winpac stood for Weapons Intelligence,
Non-Proliferation, and Arms Control, the name of a unit within the C.I.A. that,
among other things, analyzes the spread of unconventional weapons.
I said I couldn't be certain whether I had known Ms. Plame's identity before
this meeting, and I had no clear memory of the context of our conversation that
resulted in this notation. But I told the grand jury that I believed that this
was the first time I had heard that Mr. Wilson's wife worked for Winpac. In
fact, I told the grand jury that when Mr. Libby indicated that Ms. Plame worked
for Winpac, I assumed that she worked as an analyst, not as an undercover
operative.
Mr. Fitzgerald asked me whether Mr. Libby had mentioned nepotism. I said no.
And as I told the grand jury, I did not recall - and my interview notes do not
show - that Mr. Libby suggested that Ms. Plame had helped arrange her husband's
trip to Niger. My notes do suggest that our conversation about Ms. Plame was
brief.
Mr. Fitzgerald asked me about another entry in my notebook, where I had
written the words "Valerie Flame," clearly a reference to Ms. Plame. Mr.
Fitzgerald wanted to know whether the entry was based on my conversations with
Mr. Libby. I said I didn't think so. I said I believed the information came
from another source, whom I could not recall.
Mr. Fitzgerald asked if I could recall discussing the Wilson-Plame
connection with other sources. I said I had, though I could not recall any by
name or when those conversations occurred.
Before the grand jury, Mr. Fitzgerald asked me questions about Mr. Cheney.
He asked, for example, if Mr. Libby ever indicated whether Mr. Cheney had
approved of his interviews with me or was aware of them. The answer was no.
In my grand jury testimony, Mr. Fitzgerald repeatedly turned to the subject
of how Mr. Libby handled classified information with me. He asked, for example,
whether I had discussed my security status with Mr. Libby. During the Iraq war,
the Pentagon had given me clearance to see secret information as part of my
assignment "embedded" with a special military unit hunting for unconventional
weapons.
Mr. Fitzgerald asked if I had discussed classified information with Mr.
Libby. I said I believed so, but could not be sure. He asked how Mr. Libby
treated classified information. I said, Very carefully.
Mr. Fitzgerald asked me to examine a series of documents. Though I could not
identify them with certainty, I said that some seemed familiar, and that they
might be excerpts from the National Intelligence Estimate of Iraq's weapons.
Mr. Fitzgerald asked whether Mr. Libby had shown any of the documents to me. I
said no, I didn't think so. I thought I remembered him at one point reading
from a piece of paper he pulled from his pocket.
I told Mr. Fitzgerald that Mr. Libby might have thought I still had security
clearance, given my special embedded status in Iraq. At the same time, I told
the grand jury I thought that at our July 8 meeting I might have expressed
frustration to Mr. Libby that I was not permitted to discuss with editors some
of the more sensitive information about Iraq.
Mr. Fitzgerald asked me if I knew whether I was cleared to discuss
classified information at the time of my meetings with Mr. Libby. I said I did
not know.
The Third Libby Conversation
My third interview with Mr. Libby occurred on July 12, two days before
Robert D. Novak's column identified Ms. Plame for the first time as a C.I.A.
operative. I believe I spoke to Mr. Libby by telephone from my home in Sag
Harbor, N.Y.
I told Mr. Fitzgerald I believed that before this call, I might have called
others about Mr. Wilson's wife. In my notebook I had written the words
"Victoria Wilson" with a box around it, another apparent reference to Ms.
Plame, who is also known as Valerie Wilson.
I told Mr. Fitzgerald that I was not sure whether Mr. Libby had used this
name or whether I just made a mistake in writing it on my own. Another
possibility, I said, is that I gave Mr. Libby the wrong name on purpose to see
whether he would correct me and confirm her identity.
I also told the grand jury I thought it was odd that I had written "Wilson"
because my memory is that I had heard her referred to only as Plame. Mr.
Fitzgerald asked whether this suggested that Mr. Libby had given me the name
Wilson. I told him I didn't know and didn't want to guess.
My notes of this phone call show that Mr. Libby quickly turned to
criticizing Mr. Wilson's report on his mission to Niger. He said it was unclear
whether Mr. Wilson had spoken with any Niger officials who had dealt with
Iraq's trade representatives.
With the understanding that I would attribute the information to an
administration official, Mr. Libby also sought to explain why Mr. Bush included
the disputed uranium allegation in his 2003 State of the Union address, a
sentence of 16 words that his administration would later retract. Mr. Libby
described it as the product of a simple miscommunication between the White
House and the C.I.A.
Mr. Fitzgerald asked whether I ever pursued an article about Mr. Wilson and
his wife. I told him I had not, though I considered her connection to the
C.I.A. potentially newsworthy. I testified that I recalled recommending to
editors that we pursue a story.
Mr. Fitzgerald asked my reaction to Mr. Novak's column. I told the grand
jury I was annoyed at having been beaten on a story. I said I felt that since
The Times had run Mr. Wilson's original essay, it had an obligation to explore
any allegation that undercut his credibility. At the same time, I added, I also
believed that the newspaper needed to pursue the possibility that the White
House was unfairly attacking a critic of the administration.
Mr. Libby's Letter
When I was last before the grand jury, Mr. Fitzgerald posed a series of
questions about a letter I received in jail last month from Mr. Libby. The
letter, two pages long, encouraged me to testify. "Your reporting, and you, are
missed," it begins.
Mr. Fitzgerald asked me to read the final three paragraphs aloud to the
grand jury. "The public report of every other reporter's testimony makes clear
that they did not discuss Ms. Plame's name or identity with me," Mr. Libby
wrote.
The prosecutor asked my reaction to those words. I replied that this portion
of the letter had surprised me because it might be perceived as an effort by
Mr. Libby to suggest that I, too, would say we had not discussed Ms. Plame's
identity. Yet my notes suggested that we had discussed her job.
Mr. Fitzgerald also focused on the letter's closing lines. "Out West, where
you vacation, the aspens will already be turning," Mr. Libby wrote. "They turn
in clusters, because their roots connect them."
How did I interpret that? Mr. Fitzgerald asked.
In answer, I told the grand jury about my last encounter with Mr. Libby. It
came in August 2003, shortly after I attended a conference on national security
issues held in Aspen, Colo. After the conference, I traveled to Jackson Hole,
Wyo. At a rodeo one afternoon, a man in jeans, a cowboy hat and sunglasses
approached me. He asked me how the Aspen conference had gone. I had no idea who
he was.
"Judy," he said. "It's Scooter Libby."
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