Russert, grand jury tapes further incriminate Libby

"Meet the Press" moderator Tim Russert struck at the heart of former vice presidential aide I. Lewis "Scooter" Libby's defense against perjury charges on Feb. 7 when he testified that he never gave Libby information about the wife of an Iraq War critic. Russert was the third journalist in the trial to contradict statements Libby gave to investigators and a grand jury probing the unmasking of CIA operative Valerie Plame. Libby's conversations with reporters–and alleged lies he told about them–form the crux of his perjury and obstruction indictment. Libby has said that he heard about Plame from Russert, suggesting that her identity had already been disclosed by others. Testifying in federal court, a grim-faced Russert recounted receiving a phone call from Libby the week after former envoy Joseph C. Wilson IV published a New York Times op-ed piece in July 2003 accusing the Bush administration of twisting prewar intelligence on Iraq. Russert described Libby as "agitated" and said the aide had called to complain about coverage of the growing controversy on the "Hardball" program on MSNBC, an NBC affiliate. "What the hell is going on with 'Hardball,'" Russert recalled Libby saying. "Damn it, I'm tired of hearing my name over and over again." Under questioning by prosecutor Patrick J. Fitzgerald, Russert said he and Libby had not discussed Wilson's wife–or the fact that she worked for the CIA. "That would be impossible," Russert testified, "because I did not know who that person was until several days later." Russert was the latest journalist to take the witness stand. Former Time magazine correspondent Matthew Cooper and Judith Miller, a former New York Times reporter, previously testified for the government. In contrast to the lengthy probe by Libby's attorney Ted Wells, Fitzgerald's examination of the witness lasted about 10 minutes. Russert testified that he did not know about Plame until he read about her in a column published by syndicated columnist Robert Novak on July 14, 2003. Libby has asserted that four days earlier, on or around July 10, Russert told him that "all the reporters" knew that Wilson's wife worked for the CIA. Libby has said that was the first time he learned about her identity. Asked if he had said that to Libby, Russert responded: "No. I wouldn't do that. I didn't know that." Tapes of Libby's testimony to a grand jury in March 2004, played in court on Feb. 6, implicate Vice President Dick Cheney in addition to further incriminating Libby. According to Libby's testimony, Cheney and other senior White House officials held daily discussions about how to debunk Wilson's accusations that the Bush administration manipulated intelligence to justify the Iraq War. In the tapes, Libby said Cheney had been "upset" and "disturbed" by criticisms from Wilson that Bush had twisted intelligence to justify the war. The sound of Libby's clear, measured voice in the tapes buttresses the prosecution's case in two significant ways. Libby's portrayal of the zeal to discredit Wilson's claims, reaching to the White House's highest echelons, reinforces Fitzgerald's assertion that the criticism of war provoked such a political crisis among President Bush's top aides that it is unlikely the defendant simply forgot his role in the leak, as defense attorneys contend. In addition, the tapes display the specific gaps between Libby's version of events and those of government officials and journalists who, as prosecution witnesses, have testified about conversations they had with Libby about Plame. Repeatedly, Libby told the grand jury that he did not recall various conversations about Plame. His account conflicts with those of a former White House press secretary, a former undersecretary of state, Cheney's former public affairs director, two CIA officials and three journalists. Libby told the grand jury "it seemed to me as if I was learning it for the first time" when, according to his account, Russert told him about Plame on July 10 or 11, 2003. Only later, when looking at his calendar and notes, Libby said, did he remember that he actually learned the information from Cheney in June 2003. In the tapes, Libby also describes Cheney's eagerness to use what had been a 2002 National Intelligence Estimate (NIE ), a secret summary of the evidence of whether Iraq posed a threat, to rebut Wilson. The NIE was declassified just after Wilson's criticism emerged. According to Libby's testimony, during two volatile weeks in July 2003, Cheney and Bush were the only people who knew the president apparently had authorized Libby to use portions of the NIE. The information once again raises the question of whether Bush knew in advance the lengths to which senior White House officials would go to discredit Wilson. Bush retained a private attorney when he was interviewed by Fitzgerald in the leak probe three years ago, but details of the president's interview have yet to be released publicly. Libby's testimony is backed up by a court document filed by Fitzgerald last year, in which the special prosecutor wrote that Libby had testified he was authorized by Bush and Cheney to discuss the NIE with Miller. Two weeks ago, a crucial piece of evidence emerged during Libby's trial that also appeared to implicate Bush in the CIA leak case. Copies of Cheney's handwritten notes, which were introduced into evidence by government prosecutors, show the vice president asserting that Libby was asked–the notes would appear to indicate–by Bush to deal with media inquiries regarding Wilson's claims. Bush has said publicly that he did not take part in an effort to counter Wilson and that he had no prior knowledge that anyone on his staff was involved in an effort to discredit the war critic. Cheney's handwritten notes would suggest that Libby was made a scapegoat by the White House. Wells said Cheney wrote "not going to protect one staffer–sacrifice the guy that was asked to stick his head in the meat grinder because of incompetence of others," a reference to Libby being asked to deal with the media and vociferously rebut Wilson's allegations that the Bush administration knowingly "twisted" intelligence to win support for the war in Iraq. However, when Cheney wrote the notes, he had originally written "this Pres." before crossing it out and writing "that was" asked. Thus, Cheney's notes would have read: "not going to protect one staffer–sacrifice the guy this Pres. asked to stick his head in the meat grinder because of the incompetence of others."