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by Jason Leopold
Congressman Henry Waxman, the Democratic chairman of the House
Oversight and Government Reform Committee, issued a subpoena Monday
morning to the Attorney General Michael Mukasey demanding he turn over
the FBI’s interview transcripts of President Bush and Vice President
Dick Cheney who were questioned in 2004 about the leak of covert CIA
operative Valerie Plame.
Over the past few weeks, Waxman has stepped up his efforts to compel
the Justice Department to release a wide-range of Plame-related leak
documents obtained during Special Prosecutor Patrick Fitzgerald’s
three-year investigation into the matter. The interest in the Plame
leak resurfaced following the publication a few weeks ago of former
White House press secretary Scott McClellan’s memoir, which suggests
Bush and Cheney may have played a larger role in the controversy than
both have acknowledged publicly.
The California congressman has been in discussions with Fitzgerald and
the Justice Department for more than a year about the release of
transcripts, emails, and other evidence regarding the role senior White
House officials played in the leak of Plame’s identity.
So far, Fitzgerald has turned over to Waxman’s committee “FBI 302
reports” of interviews with CIA and State Department officials and
other individuals involved in the leak, according to a letter the
congressman sent to Attorney General Mukasey in December.
However, Waxman said “the White House has been blocking Mr. Fitzgerald
from providing key documents to the Committee," including transcripts
of Fitzgerald’s interviews with Bush and Cheney about the leak.
The Justice Department denied Waxman’s request earlier this month to
voluntarily to turn over the materials on grounds that it “raises
serious separation of powers and heightened confidentiality concerns.”
“Although these reports will not be made available to the committee, we
remain open to any reasonable suggestions on how to provide information
that the committee believes it may need,” wrote Keith Nelson, the
Justice Department’s deputy assistant attorney general, in a letter to
Waxman. “It continues to be our belief that the extensive interview
reports for White House staff and other documents that have been and
may be made available for review will satisfy the committee’s needs.”
Senior administration officials disclosed Valerie Plame Wilson’s
identity to several journalists in early summer 2003, leading to its
publication in a July 14, 2003, article by right-wing columnist Robert
Novak.
However, it was not until September 2003 that a CIA complaint to the
Justice Department sparked a criminal investigation into the identity
of the leakers. At first, however, the probe was under the control of
Attorney General John Ashcroft and did not appear likely to lead to a
major scandal.
On June 24, 2004, Bush was interviewed by Fitzgerald for about 70
minutes about the Plame leak. The only other member of the Bush team in
the room during the meeting was Jim Sharp, the private lawyer that Bush
hired, according to a press briefing given by McClellan the same day.
“The President met with Pat Fitzgerald, the U.S. Attorney in charge of
the leak investigation, as well as members of his team,” McClellan told
reporters. The meeting took place in the Oval Office. It lasted for a
little more than an hour, probably about an hour and 10 minutes ... He
also recently retained a lawyer, Jim Sharp, who you all have reported
about before. I would just say that -- what I've said previously, and
what the President has said: The leaking of classified information is a
very serious matter. The President directed the White House to
cooperate fully with those in charge of the investigation. He was
pleased to do his part to help the investigation move forward. No one
wants to get to the bottom of this matter more than the President of
the United States, and he has said on more than one occasion that if
anyone -- inside or outside the government -- has information that can
help the investigators get to the bottom of this, they should provide
that information to the officials in charge.”
A couple of weeks earlier, Cheney was interviewed by Fitzgerald.
According to sources knowledgeable about the vice president’s
testimony, Cheney was specifically asked about conversations he had
with senior aides, including Libby, and queried about whether he was
aware of a campaign led by White House officials to leak Plame’s
identity. It is unknown how Cheney responded to those questions. Cheney
retained a private attorney, Terrence O’Donnell. On Monday, neither
O’Donnell nor Sharp returned calls for comment.
Two weeks ago, Waxman sent a letter to Mukasey indicating that Vice
President Dick Cheney may have authorized his former deputy to leak the
identity of covert CIA operative Valerie Plame Wilson.
In a June 3 letter to Mukasey, Waxman said the Justice Department has
turned over to his committee redacted transcripts of interviews that
federal investigators conducted with former White House political
adviser Karl Rove and Cheney's former chief of staff I. Lewis "Scooter"
Libby.
According to those transcripts, Libby told federal investigators that
Cheney might have told him to leak Plame's association with the CIA to
reporters, Waxman said in the letter to Mukasey.
"In his interview with the FBI, Mr. Libby stated that it was ‘possible’
that Vice President Cheney instructed him to disseminate information
about Ambassador [Joseph] Wilson's wife to the press. This is a
significant revelation and, if true, a serious matter. It cannot be
responsibly investigated without access to the Vice President's FBI
interview," Waxman wrote.
Waxman's office would not release copies of the Libby-Rove transcripts
or describe the contents in any detail. Fitzgerald's investigative
interviews with Bush and Cheney -- asking how much knowledge the
President and Vice President had about the Plame leak -- have not been
disclosed.
Last year, immediately following Libby’s conviction of four-counts of
perjury and obstructions of justice, Waxman called on Fitzgerald to
testify before his committee about the nuances of his investigation.
In a March 8, 2007 letter to the federal prosecutor, Waxman
acknowledged that Fitzgerald was "constrained by the rules of grand
jury secrecy.”
"But you undoubtedly recognize that Congress has a responsibility to
examine the policy and accountability questions that your investigation
has raised. As a result of your investigation, you have a singular
understanding of the facts and their implications that bear directly on
the issues before Congress.... Your investigation had a narrow legal
focus: Were any federal criminal statutes violated by White House
officials?"
Waxman said the Libby trial raised important questions about whether
"senior White House officials, including the vice president and senior
adviser to the president Karl Rove, complied with the requirements
governing the handling of classified information" related to Plame's
classified status within the CIA. "They also raise questions about
whether the White House took appropriate remedial action following the
leak, and whether the existing requirements are sufficient to protect
against future leaks. Your perspective on these matters is important."
Three years ago, Waxman called for Congressional hearings to determine
if there was a White House conspiracy to unmask Plame's covert status
in retaliation for the criticism Wilson leveled against the
administration's Iraq policy.
"I think that the Congress must hold hearings, bring Karl Rove in, put
him under oath, and let him explain the situation from his point of
view," Waxman said during an interview with Democracy Now in July 2005.
"Let him tell us what happened. It's ridiculous that Congress should
stay out of all of this and not hold hearings."
At the time of Waxman's comments, it was unknown how involved Cheney
was in the matter. But two weeks ago, during closing arguments, Cheney
was implicated in the leak. It was the first time Fitzgerald
acknowledged that Cheney was intimately involved in the scandal and may
have told Libby to leak Plame's status to the media. Fitzgerald told
jurors that his investigation into the true nature of the vice
president's involvement was impeded because Libby obstructed justice.
Libby's attorney, Theodore Wells, told jurors during the closing
arguments of Libby’s trial that Fitzgerald and his deputy have been
attempting to build a case of conspiracy against the vice president and
Libby, and that the prosecution believes Libby may have lied to federal
investigators and a grand jury to protect Cheney.
“Now, I think the government, through its questions, really tried to
put a cloud over Vice President Cheney," Libby's attorney Theodore
Wells told jurors Tuesday, according to a transcript of the closing
arguments obtained by Truthout. "The prosecutors questioned Ms. Martin:
'Well, you weren't with Mr. Libby and the vice president all the time.
Some things could have happened when you weren't there.' And the clear
suggestions by the questions were, well, maybe there was some kind of
skullduggery, some kind of scheme between Libby and the vice president
going on in private, but that's unfair."
Rebutting Wells, Fitzgerald r told jurors: "You know what? [Wells] said
something here that we're trying to put a cloud on the vice president.
We'll talk straight. There is a cloud over the vice president. He sent
Libby off to [meet with former New York Times reporter] Judith Miller
at the St. Regis Hotel. At that meeting - the two hour meeting - the
defendant talked about the wife [Plame]. We didn't put that cloud
there. That cloud remains because the defendant obstructed justice and
lied about what happened."
"If you think that the vice president and the defendant 'Scooter' Libby
weren't talking about [Plame] during the week where the vice president
writes that [Plame] sent [Wilson] on a junket - in [Wilson's] July 6
column, the vice president moves the number one talking point, 'not
clear who authorized [Wilson's Niger trip] - if you think that's a
coincidence, well, that makes no sense."

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