Mar 13 2006

Fitzgerald Is Hosed, State Leaked To Libby

Published by at 3:29 pm under All General Discussions,Plame Game

** Major Update At The End **
The breaking news regarding Richard Armitage as the original leak to the press regarding Valerie Plame’s CIA employment and role in sending big mouth Joe to Niger on a classified fact finding mission puts a whole new spin on the existing information out there. Tom Maguire’s post on the news led one observant person to quote this from the Libby indictment:

From page 4 of the indictment – Fitzgerald’s recital:

6. On or about June 11 or 12, 2003, the Under Secretary of State orally advised LIBBY in the White House that, in sum and substance, Wilson’s wife worked at the CIA and that State Department personnel were saying that Wilson’s wife was involved in the planning of his trip.

Emphasis mine. The State Department was at the meeting when Valerie introduced the idea of sending Joe to Niger. And this meeting there was nearly unanimous agreement sending Joe was a waste of time. Also, the State Department would have known all the early reporting linking Joe Wilson’s trip to debunking the Niger forgeries were a bunch of garbage – since the forgeries were not in the hands of people to debunk them for 6-8 months after Joe’s trip.

But in the end, the people who alerted the White House to the true role of Valerie was the State Department. If not for them, Libby might not have known Valerie’s role at the time of his meetings and discussions with reporters. Fitzgerald is truly a Mr. Magoo clown.

addendum: another interesting theory, though not as clean as the one above.

Update: Clarice Feldman asked me some good questions regarding this post and so I wanted to pass them along and do some wide-open speculation on this matter. And trust me, this is all wild speculation from here on out – with a foundation of logic thrown in to keep it from being a total fantasy. Here are the questions Clarice posed:

Why didn’t the DoS step out then and say so? Why did Armitage leave Libby and Rove twisting in the wind–refusing to let Woodward go to the SP until AFTER the Libby indictment? Why–though he apparently didn’t tell Fitz about Woodward, is Fitz trying to protect him, instead of charging him with obstruction?

Plus this comment when she agreed to let me play this speculation game:

If DoS knew the forgery story was a lie from Day 1, they deserve to be zinged for letting this farce go on.

First we need to establish some predicates.

First off, the Wilson-Plame gambit was an awkward attempt to get Bush that went bad quickly. It is imperative everyone recall the initial focus of the Kristof, Pincus and Wilson pieces that summer in 2003 after we were already in Iraq: ’Bush used forged documents to go to war’. Wilson had peddled the line he had the goods on Bush because he had gone to Niger in early 2002, debunking the ‘lead’ evidence for Saddam’s WMD threat: Saddam’s attempted purchase of yellowcake from Niger. The story was unraveling quickly and was a botched attempt by some to get Bush for using forged documents.

Now the second predicate. When faced with a major guffaw people tend to try and run from their mistake as quick as possible. In this case the perfect patsy was Joe Wilson, but for some reason Joe (and his cohorts) were protected from this obvious exit strategy. The only reason to plow forward is when surrender or defeat is the worse possible outcome. So something drove the people pushing this story to find a way forward. If the guffaw has legal consequences, admitting a ‘mistake’ is not going to get one out of the hot seat. So something was driving the Plame-Wilson group to continue to play their bad hand.

That leads us to the third predicate: to protect one’s self from investigation or scrutiny a big diversion is the only possible solution. The focus of the Wilson-Plame gambit rapidly went from ‘Bush using forgeries to take us to war’ (an offensive move against Bush) to “Someone ratted on Valerie Plame” (a defensive dodge). Thankfully for those on the Wilson-Plame team they could muster sufficient energy in key areas to make the transition in focus work.

Which leads me to my final predicate: Some people are willing participants because they share the risk, some are willing participants because they believe in the cause (get Bush), some are unwitting participants duped into action (Libby and Rove?) and some are drafted conscripts because they have as much to lose as those who needed to divert attention from the details of the original failed gambit.

These are simple assumptions which are very probably true. Now we can speculate where every one falls. Leading up to the Iraq War, in 2002, the CIA was towing the Bush-Cheney line that Iraq was a threat. There was dissention in the ranks, but not even Joe Wilson’s report from Niger do anything but bolster concern about Hussein, his WMD technology and his contacts with terrorists. The organization which was resisting this the most was the State Department, who wanted to retain the sanctions regime and who feared invasion. One of the groups in the CIA aligned with State was Valerie Plame’s group and their comrades on the outside (The VIPS).

Fast forward to December 2002 and we see a few things happening. First off, the Niger documents are being questioned, but strangely no one can find a copy. They are in a safe in the CIA section Valerie Plame works in and have been there since August when the CIA group received them. Ironically, had these documents been exposed at that time the march to war with Iraq would have been seriously hampered, but maybe not stopped. Timing would be everything. If presented too early Bush and his administration would have had plenty of time to regroup and respond. War had to start sometime in January – March so our soldiers could do what they had to before the desert’s became too tough to deal with.

So the best time to expose the forgeries to the public was after the UN failed to provide a resolution for invasion. That should take all the steam out of the pro invasion arguments. It is well known the Niger documents came up in a meeting with CIA and State Department folks earlier in 2002, after which they were mysteriously locked in the CIA safe until December.

Why would some at the Department of State be covering for Wilson-Plame and allowing this farce to continue for so long? What if their testimony was a plea agreement over the unlawful hiding of intelligence from our government decision makers? What if the timing of the Niger Forgeries was, in the end, too little too late and public opinion had solidified by the time the news came out (which is what had happened). There could be people who held information from our decision makers for what was, in the end, a lost cause.

So we now find a bungled effort to (a) use forged documents to derail the march to war being used to (b) do political damage to the man who took us to war: President Bush. But to do so meant hiding critical intelligence for a few months. Now we can see the Wilson-Plame gambit is truly high stakes poker. If the media ever turns its eye on the delay in the forgeries coming to light verses all the stories about Joe Wilson debunking them, a lot of people are in a world of hurt. So Joe and Valerie decide to sacrifice Val’s position to the media (which is much better than a criminal investigation).

But to work they need willing and forced (blackmailed) cohorts in the government. So they go to their State Department buds and explain how this whole scheme is about to come crashing down on all of them (recall all of Joe’s calls to the State Department?). Some higher ups, frustrated with Bush policies, might buy into ideas to simply tell the press all the State Department knows about Plame so as to not get involved in the pending media mess. These ideas could have been promulgated by career bureaucrats with much more to hide than association with Bush policies. So I can see Armitage talking to the press to disassociate from Bush’s policy fiasco, while others below him were trying to divert media attention to the White House. Who knows who did what, but if Fitzgerald is a believer in the cause, he has the power to look away from a lot of questionable behavior in order to get to what he thinks are the people who drove career bureaucrats into bad personal choices.

The State Department and some in the CIA need to keep the media focus off why information regarding Saddam’s nuclear intentions was first ‘lost’ in the CIA, then became public in the press in late 2002, and then even more became public when Wilson started leaking methods, sources, dates and information in spring 2003. All of these leaks of clearly classified information outweigh Valerie’s CIA job by an order of magnitude. People in Niger have been exposed as informants to the CIA. CIA front companies have been compromised, etc.

Why would anyone take something this far? Because to not take it this far would expose what happened and would be much worse for these people. Self preservation is a very strong motivator. Two bungled attempts to undermine Bush by an enclave of CIA and DoS employees is truly something to hide at all costs. Why did Fitzgerald go along? Who knows. The least worrisome answer is he is a dupe or a partisan hack. But the reason the State Department officials let it go this long is not a stretch. If the information regarding the validity of the Niger documents was withheld from senior officials for a few months, and then leaked to the press first – some heads would roll over that one. And not just lost jobs, but three free squares a day in a federal penitentiary would be the result.

Even those accidentally caught up would be too embarrassed to let it be known they allowed this to happen on their watch. In the intel world, managers are still responsible for the actions of their underlings.

If all of this is true, one has to wonder when those who were pulled into this might feel coming clean is now the only way out.

End of my wild speculation.

6 responses so far

6 Responses to “Fitzgerald Is Hosed, State Leaked To Libby”

  1. clarice says:

    Why didn’t the DoS step out then and say so? Why did Armitage leave Libby and Rove twisting in the wind–refusing to let Woodward go to the SP until AFTER the Libby indictment? Why–though he apparently didn’t tell Fitz about Woodward, is Fitz trying to protect him, instead of charging him with obstruction?

  2. HaroldHutchison says:

    Two words come to mind: Reasonable doubt.

    Two more words that could come to mind if Fitzgerald keeps pushing: Prosecutorial misconduct.

  3. How Covert was Valerie Plame?…

    Beats me. But in light of Saturday's Chicago Tribune story (one of several, incidentally), Tom Maguire has some ideas. Meanwhile, according to the WaPo's famed Watergate editor Ben Bradlee, the Plame "leaker" (are we sure Google was…

  4. docdave says:

    Well we know that the CIA is not in Bush’s camp witness their attempts to leak bogus potentially damaging information, and of course the press has been a willing accomplice. It was only through the efforts of the press that the Plame-blame-game had any legs. I also don’t believe that Fitzgerald is entirely straight on this unless like many narrow-minded prosecutors he is simply trying to make a case regardless of the evidence to justify his pay check. Does anybody know how much a special prosecutor is paid for their efforts?

  5. WaPo exec. editor Ben Bradlee: Woodward’s source may be Armitage…

    The speculation over the ‘leaker’ of Valerie Plame’s name continues, this time with Washington Post executive editor Bill Bradlee saying it’s a “fair assumption” that former deputy secretary of state Richard Armitag…

  6. sbd says:

    I think we are missing something here. I tend to believe the Defense & Foreign Affairs Daily story that Saddams WMD’s were in Libya and the Uranium was purchased by Iraq but sent to Libya. The forged documents were to keep the focus on Iraq and to further the cause of lifting sanctions and stop the war.

    The CIA knew the documents were fake and tucked them away for future use. They also knew that the downing Pan Am 103 was not caused by Libya and that all fingers pointed to Iran. New evidence recently uncovered shows that the electronic trigger used to detonate Pan Am 103 was planted. Witnesses have come forward to say the order came from the very top of the CIA. Despite all of this, Libya paid 37 Billion to the families of Pan Am 103 of which 30 %enriched every influencial law firm in New York and Washington.

    Libya had a pretty extensive WMD program but our intelligence community claimed to know nothing about it. They helped Libya right along by passing on the forged documents. The problem came when Saddam was captured and Libya all of a sudden decided to announce to the US all of their WMD programs and give up on terror.

    The question becomes, why have we not been told about Libya’s role in Iraq’s WMD? The answer is that we made a deal with Libya, they keep secret the CIA role in framing them for Lockerbie and they will keep his secret WMD program with Iraq. Does anyone really believe the victims and lawyers would want to give back that 37 Billion?
    Not on your life, I bet!!

    Explosive evidence that could free the Lockerbie bomber; Lawyers claim new tests ‘prove’ Libyan was innocent all along

    Mail on Sunday (London)
    February 19, 2006 Sunday

    SECTION: HI; Pg. 15

    LENGTH: 874 words

    HEADLINE: Explosive evidence that could free the Lockerbie bomber;
    Lawyers claim new tests ‘prove’ Libyan was innocent all along

    BYLINE: MARCELLO MEGA

    BODY:

    DRAMATIC new evidence could free the Libyan convicted of the Lockerbie bombing.

    Defence experts have simulated the explosion that brought down Pan Am Flight 103 in December 1988.

    The results suggested the device which detonated the Semtex bomb that destroyed the jumbo jet could not have survived the explosion.

    A fragment of circuit board from the bomb was the crucial piece of evidence that secured the conviction of Abdelbaset Ali Mohmed Al Megrahi. He is now serving 27 years for mass murder.

    Sources close to Megrahi’s lawyers said the new tests pointed to the evidence having been planted at the scene of the crash.

    They claim the entire case against him is unravelling as they prepare to appeal his conviction.

    One said: ‘His team can now demonstrate how investigators began with the solution they wanted to arrive at, Libyan responsibility, and worked backwards to construct a case that fitted.’ The source added that Megrahi’s legal team claimed they had obtained ‘clear proof’ that investigators had ‘planted and manipulated’ evidence.

    He said: ‘There is little doubt now that Megrahi will be granted a fresh appeal, that his conviction will be quashed and, if there is any justice in Scotland, that certain Scottish police officers will be jailed for their part in the proceedings.’ Megrahi’s lawyers already have a sworn statement from a retired Scottish police officer confirming that evidence had been planted to secure the Libyan’s conviction. A similar claim was made by a former CIA agent.

    The new forensic tests were carried out on behalf of Megrahi’s lawyers at a secret European location only a few weeks ago in the presence of leading explosives experts.

    The source said: ‘A number of explosions were carried out in a controlled environment replicating the circumstances of the Lockerbie bomb, with 300g of Semtex and a timing mechanism within radio-cassette recorders. Each time, scientists confirmed nothing remained of the timing devices or the plastic components of the radios. They were completely vaporised.

    ‘This begs the question: how did the crucial fragment survive on December 21, 1988?’ His legal team will now claim the tests prove that the piece produced for Megrahi’s trial must have been planted.

    Megrahi was convicted in 2001 of the murders of 270 people.

    His co- accused, Al Amin Khalifa Fhimah, was acquitted.

    An appeal was dismissed and Megrahi was sentenced to life, with a minimum term of 27 years. He is currently held in Greenock Prison.

    Following his failed appeal, Megrahi sacked his legal team and instructed new lawyers.

    In 2003, they took his case to the Scottish Criminal Cases Review Commission (SCCRC) which can order fresh appeals.

    They outlined the claims of the ex-CIA man that the fragment of circuit board had been planted under orders from a very high level in the organisation.

    The fragment was found by two policemen during a search of a wood near Newcastleton, 35 miles from Lockerbie.

    It was later identified by the CIA’s Thomas Thurman as being part of a sophisticated timer device made by Swiss firm Mebo. Thurman was later unmasked as a fraud who had given false evidence in American murder trials.

    But his identification of the fragment led investigators to Mebo’s Zurich HQ and the discovery that the MST13 timers had been supplied only to Libya and the East German Stasi.

    The SCCRC is expected to announce a decision in May, but Megrahi’s team is so confident the case will be returned to the Appeal Court it is working flat out on the conduct of that appeal.

    A well-placed source said: ‘I have never seen such a convincing argument for a conviction being quashed. Even before the explosives tests totally destroyed the key plank of the Crown’s case, all the supporting pillars had already been demolished.

    ‘Megrahi’s team have firsthand eyewitness accounts of how the case was put together and who did what. The US authorities wrote the script, but UK investigators became heavily involved. Some should go to jail for what they have done.

    One officer in particular will do well to avoid prison.

    ‘Not only has Megrahi been wrongfully convicted and taken away from his home and family, but those who loved the 270 victims have been treated with disdain. They have been presented with a fabricated case and denied true justice.’ Many, including Dr Jim Swire, who lost his daughter Flora in the bombing, believe the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) were responsible.

    US Defence Intelligence Agency documents dated 1994, more than two years after the two Libyans were identified to the world as the suspects, still described the PFLP-GC as the Lockerbie bombers.

    One prominent legal source said: ‘Britain and the US were telling the world it was Libya, but in their private communications they acknowledged that they knew it was the PFLP-GC.

    ‘ The case has unravelled largely because when they wrote the script, they never expected to have to act it out.

    ‘Nobody expected agreement for a trial to be reached, but it was, and in preparing a manufactured case, mistakes were made.

    ‘Megrahi’s first legal team did not exploit those mistakes, but his current team are picking them off one by one. This will be revealed as the most gross miscarriage of justice of all time.’

    GRAPHIC: TECHNICAL EVIDENCE: RECONSTRUCTIONS AND EXHIBITS FROM MEGRAHI’S TRIAL. THE CIRCLED PIECE OF DEBRIS, ABOVE RIGHT, WAS IDENTIFIED AS A CIRCUIT BOARD FRAGMENT FROM A MEBO MST13 TIMER

    LOAD-DATE: February 23, 2006

    It gets even worse….

    FBI ordered McKie case ‘swept under carpet’

    Story in full THE FBI met senior members of Scotland’s forensic service to ensure the Shirley McKie affair was “swept under the carpet” and so avoid any embarrassment in the run-up to the Lockerbie trial, according to an investigator into the bombing.

    SBD