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Office of Special Counsel
Patrick J. Fitzgerald
Chicago Office: Dirksen Federal Building Washington Office: Bond Federal Building
Special Counsel 219 South Dearborn Street, Fifth Floor 1400 New York Avenue NW, Ninth Floor
Chicago, Illinois 60604 Washington, DC 20530
Please address all correspondence to the Washington Office
FOR IMMEDIATE RELEASE PRESS CONTACT:
FRIDAY OCTOBER 28, 2005 Randall Samborn (312) 613-6700
WWW.USDOJ.GOV/USAO/ILN/OSC (312) 353-5318
WHITE HOUSE OFFICIAL I. LEWIS LIBBY INDICTED ON OBSTRUCTION OF
JUSTICE, FALSE STATEMENT AND PERJURY CHARGES RELATING TO LEAK
OF CLASSIFIED INFORMATION REVEALING CIA OFFICER’S IDENTITY
WASHINGTON – Senior White House official I. Lewis Libby was indicted today on
obstruction of justice, false statement and perjury charges for allegedly lying about how and when in
2003 he learned and subsequently disclosed to reporters then-classified information concerning the
employment of Valerie Wilson by the Central Intelligence Agency. Libby was charged with one count
of obstruction of justice, two counts of perjury and two counts of making false statements in a five-count
indictment returned today by a federal grand jury as its term expired, announced Justice Department
Special Counsel Patrick J. Fitzgerald.
The defendant, also known as “Scooter” Libby, has served since January 20, 2001, as Assistant
to the President, Chief of Staff to the Vice President, and Assistant to the Vice President for National
Security Affairs. Libby, 55, will be arraigned at a later date in U.S. District Court for the District of
Columbia.
The charges allege that Libby lied to FBI agents who interviewed him on October 14 and
November 26, 2003; committed perjury while testifying under oath before the grand jury on March 5
and March 24, 2004; and engaged in obstruction of justice by impeding the grand jury’s investigation
into the unauthorized disclosure – or “leaking” – of Valerie Wilson’s affiliation with the CIA to various
reporters in the spring of 2003.
Beginning in late May 2003, Libby allegedly began acquiring information about a 2002 trip to
the African country of Niger by Joseph Wilson, a former United States Ambassador and career State
Department official, to investigate allegations concerning efforts by the former government of Iraq to
acquire uranium yellowcake, a processed form of uranium ore. The CIA decided on its own initiative
to send Wilson to Niger after an inquiry to the CIA by the Vice President concerning certain intelligence
reporting. Wilson orally reported his findings to the CIA upon his return. Subsequently, Libby allegedly
lied about information he discussed about the CIA employment of Wilson’s wife, Valerie Plame Wilson,
in conversations Libby had in June and July 2003 with three news reporters – Tim Russert of NBC News,
Matt Cooper of Time magazine, and Judith Miller of The New York Times.
Prior to July 14, 2003, Valerie Wilson’s employment status was classified. Prior to that date, her
affiliation with the CIA was not common knowledge outside the intelligence community. Disclosure
of classified information about an individual’s employment by the CIA has the potential to damage the
national security in ways that range from preventing that individual’s future use in a covert capacity, to
compromising intelligence-gathering methods and operations, and endangering the safety of CIA
employees and those who deal with them, the indictment states.
“When citizens testify before grand juries they are required to tell the truth,” Mr. Fitzgerald said.
“Without the truth, our criminal justice system cannot serve our nation or its citizens. The requirement
to tell the truth applies equally to all citizens, including persons who hold high positions in government.
In an investigation concerning the compromise of a CIA officer’s identity, it is especially important that
grand jurors learn what really happened. The indictment returned today alleges that the efforts of the
grand jury to investigate such a leak were obstructed when Mr. Libby lied about how and when he
learned and subsequently disclosed classified information about Valerie Wilson,” he added.
Mr. Fitzgerald announced the charges with John C. Eckenrode, Special Agent-in-Charge of the
Philadelphia Field Office of the FBI and the lead agent in the investigation. The Washington Field
Office and the Inspection Division of the FBI assisted in the investigation.
The indictment alleges that Libby had frequent access to classified information and frequently
spoke with officials of the U.S. intelligence community and other government officials regarding
sensitive national security matters. With his responsibilities for national security matters, Libby held
security clearances giving him access to classified information. Libby was obligated by federal criminal
statute, regulations, executive orders, and a written non-disclosure agreement not to disclose classified
information to unauthorized persons, and to properly safeguard classified information against
unauthorized disclosure.
According to the indictment, on September 26, 2003, the Department of Justice and the FBI
began a criminal investigation into the possible unauthorized disclosure of classified information
regarding Valerie Wilson’s CIA affiliation to various reporters in the spring of 2003. In January 2004,
the grand jury investigation began examining possible violations of criminal laws prohibiting disclosing
the identity of covert intelligence personnel (The Intelligence Identities Protection Act), improperly
disclosing national defense information, making false statements to government agents, and perjury. A
major focus of the grand jury investigation was to determine which government officials had disclosed
to the media prior to July 14, 2003, information concerning Valerie Wilson’s CIA affiliation, and the
nature, timing, extent, and purpose of such disclosures, as well as whether any official made such a
disclosure knowing that Valerie Wilson’s employment by the CIA was classified information.
The over-arching obstruction of justice count alleges that while testifying under oath before the
grand jury on March 5 and March 24 2004, Libby knowingly and corruptly endeavored to influence,
obstruct and impede the grand jury’s investigation by misleading and deceiving the grand jury as to
when, and the manner and means by which, he acquired, and subsequently disclosed to the media,
information concerning the employment of Valerie Wilson by the CIA. The obstruction count alleges
that Libby made the following materially false and intentionally misleading statements:
< When Libby spoke with Tim Russert of NBC on or about July 10, 2003, Russert
asked Libby if Libby knew that Wilson’s wife worked for the CIA, and told
Libby that all the reporters knew it; and Libby was surprised to hear that Wilson’s
wife worked for the CIA; when, in fact, Libby knew Russert did not ask Libby
if Libby knew that Wilson’s wife worked for the CIA, nor did Russert tell Libby
that all the reporters knew it. And, at the time of this conversation, Libby was
well aware that Wilson’s wife worked at the CIA and Libby had participated in
multiple prior conversations concerning this topic;
< Libby advised Matt 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;
when, in fact, Libby did not advise Cooper during that conversation 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
< 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; when, in fact,
Libby did not advise Miller during that conversation 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.
Among the events leading up to these conversations, on January 28, 2003, President Bush
delivered his State of the Union address which included sixteen words asserting that “The British
government has learned that Saddam Hussein recently sought significant quantities of uranium from
Africa.”
On May 6, 2003, The New York Times published a column by Nicholas Kristof which disputed
the accuracy of the “sixteen words” in the State of the Union address. The column reported that,
following a request from the Vice President’s office for an investigation of allegations that Iraq sought
to buy uranium from Niger, an unnamed former ambassador was sent to Niger in 2002 to investigate the
allegations. According to the column, the ambassador reported back to the CIA and State Department
in early 2002 that the allegations were unequivocally wrong and based on forged documents.
According to the indictment, beginning in late May and throughout June, Libby participated in
multiple conversations concerning Valerie Wilson’s employment by the CIA, including on the following
occasions:
• on or about May 29, 2003, in the White House, Libby asked an Undersecretary
of State for information concerning the unnamed ambassador’s travel to Niger.
The Undersecretary thereafter directed the State Department’s Bureau of
Intelligence and Research to prepare a report concerning the ambassador and his
trip. The Undersecretary provided Libby with interim oral reports in late May
and early June 2003, and advised Libby that Wilson was the former ambassador
who took the trip;
• on or about June 9, 2003, a number of classified documents from the CIA were
faxed to the Office of the Vice President to the personal attention of Libby and
another person in the Vice President’s office. The documents, which bore
classification markings, discussed, among other things, Wilson and his trip to
Niger, but did not mention Wilson by name. After receiving these documents,
Libby and one or more other persons in the Vice President’s office handwrote the
names “Wilson” and “Joe Wilson” on the documents;
• on or about June 11 or 12, 2003, Libby was orally advised by the Undersecretary
of State that Wilson’s wife worked for the CIA and that State Department
personnel were saying that Wilson’s wife was involved in the organization of his
trip;
• on or about June 11, 2003, Libby was informed by a senior officer of the CIA that
Wilson’s wife was employed by the CIA and was believed to be responsible for
sending Wilson on the trip;
• prior to June 12, 2003, Washington Post reporter Walter Pincus contacted the
Office of the Vice President about a story he was writing about Wilson’s trip.
Libby participated in discussions in the Vice President’s office concerning how
to respond to Pincus;
• on or about June 12, 2003, Libby was advised by the Vice President of the United
States that Wilson’s wife worked at the CIA in the Counterproliferation Division.
Libby understood that the Vice President had learned this information from the
CIA;
• on or about June 14, 2003, Libby met with a CIA briefer and expressed
displeasure that CIA officials were making comments to reporters critical of the
Vice President’s office, and discussed with the briefer, among other things, “Joe
Wilson” and his wife “Valerie Wilson,” in the context of Wilson’s trip to Niger;
• shortly after publication on or about June 19, 2003, of an article in The New
Republic magazine online entitled “The First Casualty: The Selling of the Iraq
War,” Libby spoke by telephone with his then Principal Deputy and discussed the
article. That official asked Libby whether information about Wilson’s trip could
be shared with the press to rebut the allegations that the Vice President had sent
Wilson. Libby responded that there would be complications at the CIA in
disclosing that information publicly, and that he could not discuss the matter on
a non-secure telephone line; and
• on or about June 23, 2003, Libby met with Judith Miller of The New York Times.
Libby was critical of the CIA and disparaged what he termed “selective leaking”
by the CIA concerning intelligence matters. In discussing the CIA’s handling of
Wilson’s trip to Niger, Libby informed Miller Wilson’s wife might work at a
bureau of the CIA.
On July 6, 2003, The New York Times published an opinion article by Joseph Wilson entitled
“What I Didn’t Find in Africa.” On the same day, the Washington Post published an article about
Wilson’s 2002 trip to Niger, which was based partially on an interview of Wilson, and he was a guest
on the television program “Meet the Press.” In the article he wrote, as well as in the print and broadcast
interviews of him, Wilson asserted, among other things, that he had taken a trip to Niger at the request
of the CIA in February 2002 to investigate allegations that Iraq has sought or obtained uranium
yellowcake from Niger, and that he doubted Iraq had obtained uranium from Niger recently, for a
number of reasons. Wilson said that he believed, based on his understanding of government procedures,
that the Vice President’s office was advised of the results of his trip.
Following Wilson’s July 6, 2003 statements, according to the indictment, Libby engaged in the
following actions:
• on or about July 7, 2003, Libby had lunch with the then White House Press
Secretary and advised that individual that Wilson’s wife worked at the CIA,
noting that such information was not widely known;
• on or about the morning of July 8, 2003, Libby met with Miller of The New York
Times. When the conversation turned to the subject of Joseph Wilson, Libby
asked that the information he provided on the topic of Wilson be attributed to a
“former Hill staffer” rather than to a “senior administration official,” as had been
the understanding regarding other information that Libby provided to Miller
during this meeting. Libby then discussed with Miller Wilson’s trip and
criticized the CIA reporting concerning Wilson’s trip. During this discussion,
Libby advised Miller of his belief that Wilson’s wife worked for the CIA;
• also on or about July 8, 2003, Libby met with the Counsel to the Vice President
in an anteroom outside the Vice President’s office. During their brief
conversation, Libby asked the individual what paperwork there would be at the
CIA if an employee’s spouse undertook an overseas trip;
• no earlier than June 2003 but on or before July 8, 2003, the Assistant to the Vice
President for Public Affairs learned from another government official that
Wilson’s wife worked at the CIA and advised Libby of this information;
• on or about July 10, 2003, Libby spoke to NBC’s Russert to complain about press
coverage of Libby by an MSNBC reporter. Libby did not discuss Wilson’s wife
with Russert;
• on or about July 10 or July 11, 2003, Libby spoke to a senior White House
official (“Official A”) who advised Libby of a conversation Official A had earlier
that week with columnist Robert Novak in which Wilson’s wife was discussed
as a CIA employee involved in Wilson’s trip. Libby was advised by Official A
that Novak would be writing a story about Wilson’s wife;
• on or about July 12, 2003, Libby flew with the Vice President and others to and
from Norfolk, Va., on Air Force Two. On his return trip, Libby discussed with
other officials aboard the plane what Libby should say in response to certain
pending media inquiries, including questions from Time’s Cooper;
• on or about July 12, 2003, in the afternoon, Libby spoke by telephone to Cooper,
who asked whether Libby had heard that Wilson’s wife was involved in sending
Wilson on the trip to Niger. Libby confirmed to Cooper, without elaboration or
qualification, that he had heard this information too; and
• on or about July 12, 2003, in the late afternoon, Libby spoke by telephone with
Miller and discussed Wilson’s wife, and that she worked at the CIA.
The false statement charge in Count Two of the indictment alleges that Libby lied to FBI agents
on October14 and November 26, 2003, regarding the conversation with Russert on July 10, 2003. Count
Three charges Libby with making false statements to FBI agents during the same FBI interviews in
October and November 2003 relating to his July 12, 2003 conversation with Cooper.
The perjury charge in Count Four alleges that Libby lied while testifying under oath before the
grand jury on March 5, 2004, about his conversation with Russert on July 10, 2003, because, in fact,
Russert did not ask Libby if Libby knew that Wilson’s wife worked for the CIA, nor did Russert tell
Libby that all the reporters knew it, and at the time of their conversation, Libby was well aware that
Wilson’s wife worked at the CIA.
Count Five charges Libby with perjury before the grand jury for allegedly lying when he said that
he told reporters that he was telling them what other reporters were saying – first, on March 5, 2004,
about his conversation with Cooper on or about July 12, 2003, and second, on March 24, 2004, regarding
conversations with reporters. In fact, Libby well knew that he did not advise Cooper or other reporters
that he had heard other reporters were saying that Wilson’s wife worked for the CIA, nor did Libby
advise Cooper or other reporters that he did not know whether this assertion was true.
If convicted, the crimes charged in the indictment carry the following maximum penalties on
each count: obstruction of justice – 10 years in prison, and making false statements and perjury –5 years
in prison, and each count carries a maximum fine of $250,000, making the maximum penalty for
conviction on all counts 30 years in prison and a $1.25 million fine. Note, however, that the Court
would determine the appropriate sentence to be imposed.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The
defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of
proving guilt beyond a reasonable doubt.
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