What Now, Karl?
By Murray Waas
The Village Voice
Saturday 13 August 2005
Rove and Ashcroft face new allegations in the Valerie Plame affair.
Justice Department officials made the crucial decision in late
2003 to appoint a special prosecutor to investigate the leak of the
identity of undercover CIA officer Valerie Plame in large part
because investigators had begun to specifically question the veracity
of accounts provided to them by White House deputy chief of staff
Karl Rove, according to senior law enforcement officials.
Several of the federal investigators were also deeply concerned
that then attorney general John Ashcroft was personally briefed
regarding the details of at least one FBI interview with Rove,
despite Ashcroft's own longstanding personal and political ties to
Rove, the Voice has also learned. The same sources said Ashcroft was
also told that investigators firmly believed that Rove had withheld
important information from them during that FBI interview.
Those concerns by senior career law enforcement officials
regarding the propriety of such briefings continuing, as Rove became
more central to the investigation, also was instrumental in the
naming of special prosecutor Patrick J. Fitzgerald.
Up until that point, the investigation had been conducted by a
team of career prosecutors and FBI agents, some of whom believed
Ashcroft should recuse himself. Democrats on Capitol Hill were
calling for him to step down, but he did not. Then on December 30,
2003, Ashcroft unexpectedly recused himself from further overseeing
the matter, and James B. Comey, then deputy attorney general, named
Patrick J. Fitzgerald as the special prosecutor who would take over
the case.
The Justice Department declined to publicly offer any explanation
at the time for either the recusal or the naming of a special
prosecutor?an appointment that would ultimately place in potential
legal jeopardy senior advisers to the president of the United States,
and lead to the jailing of a New York Times reporter.
During his initial interview with the FBI, in the fall of 2003,
Rove did not disclose that he had ever discussed Plame with Time
magazine correspondent Matthew Cooper, according to two legal sources
with firsthand knowledge of the matter. Federal investigators were
also skeptical of claims by Rove that he had only first learned of
Plame's employment with the CIA from a journalist, even though he
also claimed he could not specifically recall the name of the
journalist.
As the truthfulness of Rove's accounts became more of a focus of
investigators, career Justice Department employees and senior FBI
officials became even more concerned about the continuing role in the
investigation of Ashcroft, because of his close relationship with
Rove. Rove had earlier served as an adviser to Ashcroft during the
course of three political campaigns. And Rove?s onetime political
consulting firm had been paid more than $746,000 for those services.
In response to these new allegations, Representative John Conyers
of Michigan , the current ranking Democrat on the House Judiciary
Committee, and former chairman of the committee as well, said in a
statement: "There has long been the appearance of impropriety in
Ashcroft's handling of this investigation. The former attorney
general had well documented conflicts of interest in this matter,
particularly with regard to his personal relationship with Karl Rove.
Among other things, Rove was employed by Ashcroft throughout his
political career, and Rove reportedly had fiercely advocated for
Ashcroft's appointment as attorney general. Pursuant to standard
rules of legal ethics, and explicit rules on conflict of interest,
those facts alone should have dictated his immediate recusal.
"The new information, that Ashcroft had not only refused to
recuse himself over a period of months, but also was insisting on
being personally briefed about a matter implicating his friend, Karl
Rove, represents a stunning ethical breach that cries out for an
immediate investigation by the Department's Office of Professional
Responsibility and Inspector General."
A Justice Department spokesman declined on Friday to say what
action, if any, might be taken in response to Conyers' request.
Also of concern to investigators when they sought Ashcroft's
recusal, according to law enforcement sources, was that a number
among Ashcroft's inner circle had partisan backgrounds that included
working closely with Rove. Foremost among them was David Isrealite,
who served as Ashcroft?s deputy chief of staff. Another, Barbara
Comstock, who was the Justice Department's director of public affairs
during much of Ashcroft's tenure, had previously worked for the
Republican National Committee, where she was in charge of the
party's "opposition research" operations.
"It would have been a nightmare scenario if Ashcroft let
something slip to an aide or someone else they had in common with
Rove . . . and then word got back to Rove or the White House what
investigators were saying about him," says a former senior Justice
Department official, familiar with the matter.
Although not reported at the time, when Ashcroft recused himself
from the Plame investigation, Deputy Attorney General Comey said in a
statement that the A.G.'s personal staff was also being fully recused
in the matter.
Indeed, the appointment of Fitzgerald as special prosecutor and
the recusal of Ashcroft came just three weeks after Comey, then the
U.S. Attorney for the Southern District of New York, was named to be
deputy attorney general. Comey himself was no stranger to the issue?
even before he took office.
During his Senate confirmation hearings, Comey had pledged that
he would personally see to it that the independence and integrity of
the investigation would not be compromised in any way.
At one point during those hearings, Senator Charles Schumer (D-
N.Y.) cited the close relationships between Ashcroft and Rove, and
also between Ashcroft and others also likely to be questioned during
the leak probe. Schumer asked Comey:
"How could there not be an appearance of a conflict given the
close nexus of relationships?"
"I agree with you that it's an extremely important matter," Comey
replied.
Within days of his taking office, several career Justice
Department prosecutors took their own longstanding concerns to Comey,
telling him that perhaps it would be best for Ashcroft to recuse
himself, the same legal sources said. A smaller number also advocated
the appointment of an outside prosecutor to take over the matter
completely.
The combination of Ashcroft's close relationship with Rove, the
omission of critical information from the FBI by Rove during his
initial interview with agents, that Ashcroft had been briefed about
that interview in particular, and the-then recent appointment of
Comey, all allowed for a forceful case being made by career Justice
Department employees be made that the attorney general should step
aside and a special prosecutor be named.
But says one government official familiar with the process: "When
Ashcroft was briefed on Rove, that ended the argument. He was going
to be removed. And there was going to be a special prosecutor named."
The new disclosures as to why Ashcroft recused himself from the
Plame case and why a special prosecutor was named are important for a
number of reasons:
First, they show that from the very earliest days of the criminal
probe, federal investigators had a strong belief and body of evidence
that Rove and perhaps other officials might be misleading them.
Second, the new information underscores that career Justice
Department staffers had concerns that the continued role of Ashcroft
and other political aides might tarnish the investigation.
Finally, the new information once again highlights the importance
of the testimony of journalists in uncovering whether anyone might
have broken the law by disclosing classified information regarding
Plame. That is because both Rove and I. Lewis (Scooter) Libby, the
chief of staff to Vice President Dick Cheney?who are at the center of
the Plame investigation?have said that they did not learn of Plame's
employment with the CIA from classified government information, but
rather journalists; without the testimony of journalists, prosecutors
have been unable to get to the bottom of the matter.
Several journalists have testified to Fitzgerald's grand jury,
but New York Times correspondent Judith Miller, who has refused to
identify her confidential sources, was ordered to jail by Federal
District Court Judge Thomas F. Hogan on July 6, where she remains.
The initial criminal investigation began well before the case was
turned over to Fitzgerald in December 2003. It started shortly after
conservative columnist Robert Novak first identified Plame as an
undercover CIA officer, in a July 14, 2003, column.
The column was written during a time when senior White House
officials were attempting to discredit Plame's husband, former
ambassador Joseph C. Wilson IV, who was then asserting that the Bush
administration had relied on faulty intelligence to bolster its case
to go to war with Iraq . Wilson had only recently led a CIA-sponsored
mission to the African nation of Niger to investigate claims that
Saddam Hussein was covertly attempting to buy enriched uranium from
the African nation to build a nuclear weapon.
Wilson reported back to the CIA that the allegations were most
likely the result of a hoax.
When Wilson sought out White House officials, believing they did
not know all the facts, he was rebuffed. He then went public with his
criticism of the Bush administration. It was then that senior
administration officials began their campaign to discredit Wilson as
a means of countering his criticisms of them.
Rove and Libby, and to a lesser extent then deputy National
Security Council (NSC) adviser Stephen J. Hadley (who is currently
Bush's NSC adviser), directed these efforts. Both Rove and Libby
discussed with Novak, Cooper, and other journalists the fact that
Wilson 's wife worked for the CIA, and that she was responsible for
sending him to Niger , in an effort to discredit him.
The manner by which Rove and Libby learned of Plame's employment
at the CIA before they shared that information with journalists is
central to whether any federal criminal laws regarding classified
information were violated. Rove and Libby have reportedly claimed
they learned of the information from journalists. Rove in particular
told FBI officials that he first learned of Plame's employment with
the CIA from a journalist, but drew their suspicions when he claimed
that he could not recall the journalist's name.
Plame's employment with the CIA had been detailed in a highly
classified State Department memorandum?circulated to senior Bush
administration officials?in the days jut prior to conversations
between Rove and Libby and journalists regarding Plame.
Dated June 10, 2003, the memo was written for Marc Grossman, then
the undersecretary of state for political affairs. It mentioned
Plame, her employment with the CIA, and her possible role in
recommending her husband for the Niger mission because he had
previously served in the region. The mention of Plame's CIA
employment was classified "Secret" and was contained in the second
paragraph of the three-page classified paper.
On July 6, 2003, Wilson published his now famous New York Times
op-ed and appeared on "Meet the Press." The following day, on July 7,
the memo was sent to then secretary of state Colin L. Powell and
other senior Bush administration officials, who were scrambling to
respond to the public criticism. At the time, Powell and other senior
administration officials were on their way to Africa aboard Air Force
One as members of the presidential entourage for a state visit to
Africa .
Rove and Libby apparently were not on that trip, according to
press accounts. But a subpoena during the earliest days of the Plame
investigation demanded records related to any telephone phone calls
to and from Air Force One from July 7 to July 12, during Bush's
African visit.
On July 8, Novak and Rove first spoke about Plame, according to
numerous press accounts. That very same day, as the American Prospect
recently disclosed, Libby and New York Times reporter Judith Miller
also discussed Plame.
On July 9, then CIA director George Tenet ordered aides to draft
a statement that the Niger information the president relied on "did
not rise to the level of certainty which should be required for the
presidential speeches, and the CIA should have ensured that it was
removed." Rove and Libby were reportedly involved in the drafting of
that statement's language.
Two days later, on July 11, Rove spoke about Plame to Time
magazine's Matthew Cooper.
On the following day, July 12, an administration official?
apparently not Rove or Libby?told Washington Post reporter Walter
Pincus that Wilson was sent to Niger on the recommendation of his
wife, who worked at the CIA.
Two days after that, on July 14, Novak published his column
disclosing Plame's employment with the CIA, describing her as
an "agency operative" and alleging that she suggested her husband for
the Niger mission.
And on July 17, Time magazine posted its own story online, which
said: "[S]ome government officials have noted to Time in
interviews . . . that Wilson 's wife, Valerie Plame, is a CIA official
who monitors the proliferation of weapons of mass destruction. These
officials have suggested that she was involved in her husband's being
dispatched to Niger ." Facing jail time for not disclosing his source,
Cooper recently relented, and disclosed that Rove was one of his
sources for that information.
But it was Rove's omission during an initial interview, back in
October 2003, with the FBI?that he had ever spoken with Cooper at all?
coupled with the fact that Ashcroft was briefed about the interview,
that largely precipitated the appointment of Fitzgerald as special
prosecutor, according to senior law enforcement officials familiar
with the matter.
Comey, then only recently named deputy attorney general, called a
press conference and dramatically announced: "Effective today, the
attorney general has recused himself . . . from further involvement
in these matters."
He also said he was naming Patrick J. Fitzgerald, who also serves
as U.S. attorney in Chicago , as special prosecutor to take over the
case. To further assure his independence, Comey also announced that
he personally would serve as "acting Attorney General for purposes of
this matter."
Last week, however, Comey announced he was leaving the Justice
Department to become the general counsel of the defense contractor
Lockheed Martin. In his absence, Associate Attorney General Robert
McCallum is the most likely choice to be named as the acting deputy
attorney general, and thus the man overseeing Fitzgerald's work. But
McCallum has been a close personal friend of President Bush. Justice
Department officials are once more grappling as to how to best assure
independence for investigators. And Democrats on Capitol Hill are
unlikely not to question any role in the leak probe by McCallum.
(Alberto Gonzalez, who succeeded Ashcroft as attorney general,
had also?like Ashcroft?recused himself from the case. Gonzalez had
overseen the response of White House officials to requests from
investigators working the Plame case while he was White House
counsel, and has also been a witness before Fitzgerald's grand jury.)
In the meantime, Fitzgerald's investigation appears to be in its
final stages.
Nineteen months ago, when Comey appointed him as special
prosecutor, reporters pressed Comey during the announcement as to
what was behind his dramatic action. All that he would say at the
time was: "If you were to speculate in print or in the media about
particular people, I think that would be unfair to them.?
Then he added, almost as an afterthought: "We also don't want
people that we might be interested in to know we're interested in
them."
http://www.truthout.org/docs_2005/printer_081505Y.shtml