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Full Text: U.S. v. Libby Indictment Part 2

29. During the course of the Grand Jury Investigation, the following matters, among others, were material to the Grand Jury Investigation:

i. When, and the manner and means by which, defendant LIBBY learned that Wilson's wife was employed by the CIA;

ii. Whether and when LIBBY disclosed to members of the media that Wilson's wife was employed by the CIA;

iii. The language used by LIBBY in disclosing any such information to the media, including whether LIBBY expressed uncertainty about the accuracy of any information he may have disclosed, or described where he obtained the information;

iv. LIBBY's knowledge as to whether any information he disclosed was classified at the time he disclosed it; and

v. Whether LIBBY was candid with Special Agents of the Federal Bureau of Investigation in describing his conversations with the other government officials and the media relating to Valerie Wilson.

LIBBY's Grand Jury Testimony

30. On or about March 5 and March 24, 2004, LIBBY testified before Grand Jury 03-3.

On each occasion of LIBBY's testimony, the foreperson of the Grand Jury administered the oath to LIBBY and LIBBY swore to tell the truth in the testimony he was about to give.

31. In or about March 2004, in the District of Columbia,

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

defendant herein, did knowingly and corruptly endeavor to influence, obstruct and impede the due administration of justice, namely proceedings before Grand Jury 03-3, by misleading and deceiving the grand jury as to when, and the manner and means by which, LIBBY acquired and subsequently disclosed to the media information concerning the employment of Valerie Wilson by the CIA.

32. It was part of the corrupt endeavor that during his grand jury testimony, defendant LIBBY made the following materially false and intentionally misleading statements and

representations, in substance, under oath:

a. When LIBBY spoke with Tim Russert of NBC News, on or about July 10, 2003:

i. Russert asked LIBBY if LIBBY knew that Wilson's wife worked for the CIA, and told LIBBY that all the reporters knew it; and

ii. At the time of this conversation, LIBBY was surprised to hear that Wilson's wife worked for the CIA;

b. LIBBY advised Matthew Cooper of Time magazine on or about July 12, 2003, that he had heard that other reporters were saying that Wilson's wife worked for the CIA, and further advised him that LIBBY did not know whether this assertion was true; and

c. LIBBY advised Judith Miller of the New York Times on or about July 12, 2003 that he had heard that other reporters were saying that Wilson's wife worked for the CIA but LIBBY did not know whether that assertion was true.

33. It was further part of the corrupt endeavor that at the time defendant LIBBY made each of the above-described materially false and intentionally misleading statements and representations to the grand jury, LIBBY was aware that they were false, in that:

a. When LIBBY spoke with Tim Russert of NBC News on or about July 10, 2003:

i. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and

ii. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; in fact, LIBBY had participated in multiple prior conversations concerning this topic, including on the following occasions:


In or about early June 2003, LIBBY learned from the Vice President that Wilson's wife worked for the CIA in the Counterproliferation Division;


On or about June 11, 2003, LIBBY was informed by a senior CIA officer that Wilson's wife was employed by the CIA and that the idea of sending him to Niger originated with her;


On or about June 12, 2003, LIBBY was informed by the Under Secretary of State that Wilson's wife worked for the CIA;


On or about June 14, 2003, LIBBY discussed "Joe Wilson" and "Valerie Wilson" with his CIA briefer, in the context of Wilson's trip to Niger;


On or about June 23, 2003, LIBBY informed reporter Judith Miller that Wilson's wife might work at a bureau of the CIA;


On or about July 7, 2003, LIBBY advised the White House Press Secretary that Wilson's wife worked for the CIA;


In or about June or July 2003, and in no case later than on or about July 8, 2003, LIBBY was advised by the Assistant to the Vice President for Public Affairs that Wilson's wife worked for the CIA;


On or about July 8, 2003, LIBBY advised reporter Judith Miller of his belief that Wilson's wife worked at the CIA; and


On or about July 8, 2003, LIBBY had a discussion with the Counsel to the Office of the Vice President concerning the paperwork that would exist if a person who was sent on an overseas trip by the CIA had a spouse who worked at the CIA;

b. LIBBY did not advise Matthew Cooper, on or about July 12, 2003, that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise him that LIBBY did not know whether this assertion was true; rather, LIBBY confirmed to Cooper, without qualification, that LIBBY had heard that Wilson's wife worked at the CIA; and

c. LIBBY did not advise Judith Miller, on or about July 12, 2003, that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise her that LIBBY did not know whether this assertion was true;

In violation of Title 18, United States Code, Section 1503.

COUNT TWO

(False Statement)

THE GRAND JURY FURTHER CHARGES:

1. The Grand Jury realleges Paragraphs 1-26 of Count One as though fully set forth herein.

2. During the course of the criminal investigation conducted by the Federal Bureau of Investigation and the Department of Justice, the following matters, among others, were material to that investigation:

a. When, and the manner and means by which, defendant LIBBY learned that Wilson's wife was employed by the CIA; b. Whether and when LIBBY disclosed to members of the media that Wilson's wife was employed by the CIA;

c. The language used by LIBBY in disclosing any such information to the media, including whether LIBBY expressed uncertainty about the accuracy of any information he may have disclosed, or described where he obtained the information; and

d. LIBBY's knowledge as to whether any information he disclosed was classified at the time he disclosed it.

3. On or about October 14 and November 26, 2003, in the District of Columbia,

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

defendant herein, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency within the executive branch of the United States, in that the defendant, in response to questions posed to him by agents of the Federal Bureau of Investigation, stated that:

During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was aware that Wilson's wife worked for the CIA.

LIBBY responded to Russert that he did not know that, and Russert replied that all the reporters knew it. LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson's wife's employment from the Vice President.

4. As defendant LIBBY well knew when he made it, this statement was false in that when LIBBY spoke with Russert on or about July 10 or 11, 2003:

a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and

b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; In violation of Title 18, United States Code, Section 1001(a)(2).

COUNT THREE

(False Statement)

THE GRAND JURY FURTHER CHARGES:

1. The Grand Jury realleges Paragraphs 1 and 2 of Count Two as though fully set forth herein.

2. On or about October 14 and November 26, 2003, in the District of Columbia,

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

defendant herein, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency within the executive branch of the United States, in that the defendant, in response to questions posed to him by agents of the Federal Bureau of Investigation, stated that:

During a conversation with Matthew Cooper of Time magazine on July 12, 2003, LIBBY told Cooper that reporters were telling the administration that Wilson's wife worked for the CIA, but LIBBY did not know if this was true.

3. As defendant LIBBY well knew when he made it, this statement was false in that:

LIBBY did not advise Cooper on or about July 12, 2003 that reporters were telling the administration that Wilson's wife worked for the CIA, nor did LIBBY advise him that LIBBY did not know whether this was true; rather, LIBBY confirmed for Cooper, without qualification, that LIBBY had heard that Wilson's wife worked at the CIA;

In violation of Title 18, United States Code, Section 1001(a)(2).

COUNT FOUR

(Perjury)

THE GRAND JURY FURTHER CHARGES:

1. The Grand Jury realleges Paragraphs 1-30 of Count One as though fully set forth herein.

2. On or about March 5, 2004, in the District of Columbia,

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

defendant herein, having taken an oath to testify truthfully in a proceeding before a grand jury of the United States, knowingly made a false material declaration, in that he gave the following testimony regarding a conversation that he represented he had with Tim Russert of NBC News, on or about July 10, 2003 (underlined portions alleged as false):

. . . . And then he said, you know, did you know that this -- excuse me, did you know that Ambassador Wilson's wife works at the CIA? And I was a little taken aback by that. I remember being taken aback by it. And I said -- he may have said a little more but that was -- he said that. And I said, no, I don't know that. And I said, no, I don't know that intentionally because I didn't want him to take anything I was saying as in any way confirming what he said, because at that point in time I did not recall that I had ever known, and I thought this is something that he was telling me that I was first learning. And so I said, no, I don't know that because I want to be very careful not to confirm it for him, so that he didn't take my statement as confirmation for him.

Now, I had said earlier in the conversation, which I omitted to tell you, that this -- you know, as always, Tim, our discussion is off-the-record if that's okay with you, and he said, that's fine. So then he said -- I said -- he said, sorry -- he, Mr. Russert said to me, did you know that Ambassador Wilson's wife, or his wife, works at the CIA? And I said, no, I don't know that. And then he said, yeah -- yes, all the reporters know it. And I said, again, I don't know that. I just wanted to be clear that I wasn't confirming anything for him on this. And you know, I was struck by what he was saying in that he thought it was an important fact, but I didn't ask him anymore about it because I didn't want to be digging in on him, and he then moved on and finished the conversation, something like that.

3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that:

a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and

b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA;

In violation of Title 18, United States Code, Section 1623.

COUNT FIVE

(Perjury)

THE GRAND JURY FURTHER CHARGES:

1. The Grand Jury realleges Paragraphs 1-30 of Count One as though fully set forth herein.

2. On or about March 5, 2004 and March 24, 2004, in the District of Columbia,

I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"

defendant herein, having taken an oath to testify truthfully in a proceeding before a grand jury of the United States, knowingly made a false material declaration, in that he gave the following testimony regarding his conversations with reporters concerning the employment of Joseph Wilson's wife by the CIA (underlined portions alleged as false):

a. Testimony Given on or about March 5, 2004 Regarding a Conversation With Matthew Cooper on or About July 12, 2003:

Q. And it's your specific recollection that when you told Cooper about Wilson's wife working at the CIA, you attributed that fact to what reporters --

A. Yes.

Q. -- plural, were saying. Correct?

A. I was very clear to say reporters are telling us that because in my mind I still didn't know it as a fact. I thought I was -- all I had was this information that was coming in from the reporters.

. . . .

Q. And at the same time you have a specific recollection of telling him, you don't know whether it's true or not, you're just telling him what reporters are saying?

A. Yes, that's correct, sir. And I said, reporters are telling us that, I don't know if it's true. I was careful about that because among other things, I wanted to be clear I didn't know Mr. Wilson. I don't know -- I think I said, I don't know if he has a wife, but this is what we're hearing.

b. Testimony Given on or about March 24, 2004 Regarding Conversations With Reporters:

Q. And let me ask you this directly. Did the fact that you knew that the law could turn, the law as to whether a crime was committed, could turn on where you learned the information from, affect your account for the FBI when you told them that you were telling reporters Wilson's wife worked at the CIA but your source was a reporter rather than the Vice-President?

A. No, it's a fact. It was a fact, that's what I told the reporters.

Q. And you're, you're certain as you sit here today that every reporter you told that Wilson's wife worked at the CIA, you sourced it back to other reporters?

A. Yes, sir, because it was important for what I was saying and because it was -- that's what -- that's how I did it.

. . . .

Q. The next set of questions from the Grand Jury are -- concern this fact. If you did not understand the information about Wilson's wife to have been classified and didn't understand it when you heard it from Mr. Russert, why was it that you were so deliberate to make sure that you told other reporters that reporters were saying it and not assert it as something you knew?

A. I want -- I didn't want to -- I didn't know if it was true and I didn't want people -- I didn't want the reporters to think it was true because I said it. I -- all I had was that reporters are telling us that, and by that I wanted them to understand it wasn't coming from me and that it might not be true. Reporters write things that aren't true sometimes, or get things that aren't true. So I wanted to be clear they didn't, they didn't think it was me saying it. I didn't know it was true and I wanted them to understand that. Also, it was important to me to let them know that because what I was telling them was that I don't know Mr. Wilson. We didn't ask for his mission. That I didn't see his report. Basically, we didn't know anything about him until this stuff came out in June. And among the other things, I didn't know he had a wife. That was one of the things I said to Mr. Cooper. I don't know if he's married. And so I wanted to be very clear about all this stuff that I didn't, I didn't know about him. And the only thing I had, I thought at the time, was what reporters are telling us.

. . . .

Well, talking to the other reporters about it, I don't see as a crime. What I said to the other reporters is what, you know -- I told a couple reporters what other reporters had told us, and I don't see that as a crime.

3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that LIBBY did not advise Matthew Cooper or other reporters that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise Cooper or other reporters that LIBBY did not know whether this assertion was true;

In violation of Title 18, United States Code, Section 1623.

A TRUE BILL:

FOREPERSON

PATRICK J. FITZGERALD

Special Counsel
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