home

Why Isn't Walter Pincus Being Called as a Witness?

Why isn't Patrick Fitzgerald calling WaPo reporter Walter Pincus as a witness in the Scooter Libby trial?

We now know from the grand jury testimony and briefs (pdf) that Scooter Libby was a source for Walter Pincus's June 12, 2003 article on Wilson's trip to Africa. On October 12, 2003, Pincus wrote:

On July 12, two days before Novak’s column, a Post reporter was told by an administration official that the White House had not paid attention to the former ambassador’s CIA-sponsored trip to Niger because it was set up as a boondoggle by his wife, an analyst with the agency working on weapons of mass destruction. Plame’s name was never mentioned and the purpose of the disclosure did not appear to be to generate an article, but rather to undermine Wilson’s report.

Fitz writes in a footnote to his brief filed Sunday,

Defendant testified before the grand jury that he could have been a source for Walter Pincus’s June 12, 2003 article, and that it was during preparation for providing information to Mr. Pincus that the Vice President informed him that former Ambassador Wilson’s wife worked at the CIA. 3/5/04 GJ Tr. at 60-63.

Pincus expanded on what the Administration official told him in this July, 2005 article.

On July 12, 2003, an administration official, who was talking to me confidentially about a matter involving alleged Iraqi nuclear activities, veered off the precise matter we were discussing and told me that the White House had not paid attention to former Ambassador Joseph Wilson’s CIA-sponsored February 2002 trip to Niger because it was set up as a boondoggle by his wife, an analyst with the agency working on weapons of mass destruction.

I didn’t write about that information at that time because I did not believe it true that she had arranged his Niger trip. But I did disclose it in an October 12, 2003 story in The Washington Post. By that time there was a Justice Department criminal investigation into a leak to columnist Robert Novak who published it on July 14, 2003 and identified Wilson’s wife, Valerie Plame, as a CIA operative. Under certain circumstances a government official’s disclosure of her name could be a violation of federal law. The call with me had taken place two days before Novak’s column appeared.

I wrote my October story because I did not think the person who spoke to me was committing a criminal act, but only practicing damage control by trying to get me to stop writing about Wilson.

So, isn't Pincus another reporter to whom Libby disclosed that Joseph Wilson's wife worked for the CIA on WMD's before Novak's article was printed? Pincus says the official told him about Plame on July 12, 2003. That's just two days after Libby claims he heard it from Russert and thought it was new information and the same day as the flight to Norfolk and Libby's call to Matt Cooper. Libby told the grand jury he learned it from Cheney around June 12 but forgot it, even though he apparently told Judith Miller two weeks later.

According to the grand jury transcripts played for the jury today,

Fitzgerald, who questioned Libby in a non-confrontational, sometimes even casual manner, also asked whether Cheney expected Libby to share that with reporters, specifically Walter Pincus of The Washington Post

Fitzgerald asked four times and in four different ways whether Libby could be absolutely sure he did not disclose the information to Pincus. Pincus never revealed Plame's identity.

"The vice president obviously thought it was important enough to share with you or interesting enough to color the background, correct?" Fitzgerald said. "Yes," Libby replied.

So Libby denies telling Pincus about Plame while Pincus says Libby an Administration official told him. At least that's the way I'm reading it. [Added: Unless Pincus was referring to Armitage and not Libby]

Larry Johnson at TPM Cafe also discusses revelations about Pincus today and said some revisions to the timeline are necessary. He also makes the intriguing point that it would appear it was Pincus's inquiries and not Kristof's May 6, 2003 article or Joseph Wilson's op-ed that got the OVP riled:

It was Walter Pincus, not Nicholas Kristof, who got under the skin of the Vice President and his staff. And it was his questions that started Cheney's office on its mission to discredit Joe Wilson. As Karl Rove later told Chris Matthews, Joe Wilson's wife was fair game. June 2003 marked the start of the intense effort to out Valerie Plame, which culminated in the leaks in July 2003 to Robert Novak, Matt Cooper, and others.

Update: From the comments, it appears that Libby did not tell Pincus about Plame on June 12, just provided information about the trip, and someone else was the source of Pincus' July 12 column, so I guess there's no reason for Fitz to call Pincus. But I'm still a little confused over the whole Pincus thing.

< A Judicial Protest Against Expansive Sex Offender Registration | S.F. Mayor Newsom to Seek Alcohol Treatment >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Advisory (5.00 / 1) (#15)
    by Jeralyn on Tue Feb 06, 2007 at 01:25:41 PM EST
    you guys are putting your right wing spin on Wilson and I just want readers to know your contentions are disputed heavily. I am not interested in this debate, I just want readers to know to take your claims with a grain of salt. Now back to the trial, which is the subject matter of these threads, not Joseph Wilson's trip to Niger.

    Me right wing? (none / 0) (#16)
    by MiddleOfTheRoad on Tue Feb 06, 2007 at 02:57:36 PM EST
    This is hilarious - I am being referred to as right wing :)  Quoting verbatim from the Libby indictment and from Pincus is not some right wing spin.

    I agree that the origins of Wilson's trip is distracting from the original topic, and I have intention of trolling, so I will exit with no further comment here.

    Parent

    Aagh (none / 0) (#17)
    by MiddleOfTheRoad on Tue Feb 06, 2007 at 03:10:48 PM EST
    Aaagh, I meant I have no intentions of trolling.

    Parent
    I don't get it (none / 0) (#1)
    by MiddleOfTheRoad on Mon Feb 05, 2007 at 10:52:51 PM EST
    How do you draw the inference that Pincus said that Libby (and not someone else like say Armitage) told him about Plame on July 12?


    Libby may not testify? (none / 0) (#2)
    by annburns on Mon Feb 05, 2007 at 11:26:23 PM EST
    Is Libby going to testify?

    http://www.washingtonpost.com/wp-dyn/content/article/2007/02/05/AR2007020500119.html

    "From WP:

    Late last night, Libby's defense began laying the groundwork to keep Libby from having to testify. Walton had warned that Libby would have to take the stand in order for the court to allow his lawyers to claim his misstatements to investigators were caused by a faulty or overtaxed memory.

    In court papers filed last night, though, Libby's attorneys argued that he should be allowed to present evidence of the "crush of his duties," including by having Cheney describe them on the witness stand, without being forced to testify on his own behalf."

    I just wrote up a new post on the motion (none / 0) (#3)
    by Jeralyn on Mon Feb 05, 2007 at 11:39:18 PM EST
    and could you please put your links in html format or they skew the site. It's too long a link.  Thanks.

    Parent
    sorry (none / 0) (#4)
    by annburns on Mon Feb 05, 2007 at 11:53:49 PM EST
    Sorry - still getting used to commenting. New post is great.

    Parent
    No problem (none / 0) (#5)
    by Jeralyn on Tue Feb 06, 2007 at 12:01:04 AM EST
    Welcome!

    Parent
    Pincus said Libby not source for Plame leak (none / 0) (#6)
    by Tom Maguire on Tue Feb 06, 2007 at 12:02:16 AM EST
    So, isn't Pincus another reporter to whom Libby disclosed that Joseph Wilson's wife worked for the CIA on WMD's before Novak's article was printed?

    I'm stumped - Libby says he was a source for some Cheney talking points on the famous Pincus JUNE 12 article.

    On July 12, Pincus got a source from some Admin official and got the Plame leak, but that was a month later.

    FWIW, Pincus eventually said that the leak came from a White House official (this was on NPR and reported in the WaPo).

    However - when discussing his waiver and testimony, Pincus said specifically that, although Libby was a confidential source, he was not a source for the Plame leak.  From the Nov 26 2004 WaPo:

    One current or former administration official has told Fitzgerald that he or she had a conversation with Washington Post reporter Walter Pincus on Saturday, July 12, Pincus has said publicly. Pincus also has said his source was not Libby. Pincus has previously said that an administration official told him that day that Wilson's trip to Niger was set up as a boondoggle by his CIA-employed wife.

    The WaPo is apparently quoting an Editor and Publisher article about Pincus; the article has gone to their archives, but I excerpted this:

    "Libby was not my source but was someone I spoke to on a confidential basis," Pincus said.'

    The WaPo has been dilignet about that "present or former Admin official, so I was sure it was Ari (a "former").  But the trial has seemed to indicate otherwise.  I am now holding out for someone else in the press office, like Bartlett.

    Bonus Baffler - Pincus wrote this:  I didn't write about that information [the Plame leak] at that time because I did not believe it true that she had arranged his Niger trip.

    Why did he have an opinion on the question of who arranged Wilson's trip?  Pincus knew from his own June 12 article that Wilson's trip was arranged by the CIA.

    Bonus (none / 0) (#7)
    by squeaky on Tue Feb 06, 2007 at 12:24:43 AM EST
    Pincus knew from his own June 12 article that Wilson's trip was arranged by the CIA.
    I think that Pincus was saying that the spin he got was not credible. I believe he knew that Cheney was micro-managing intelligence from Iraq. The WH spin that Wilson was lying because Cheney did not send him to Iraq but his wife did, was not something he wanted to touch.

    It smelled bad because he knew that the Cheney was cherrypicking intelligence that would bolster the justification for the Iraq war. Yes he was sent by the CIA but Cheney wanted anything that would demonize Sadaam from the CIA. So in fact Cheney did send him, not personally, but at his request.

    Parent

    Bonus (none / 0) (#8)
    by MiddleOfTheRoad on Tue Feb 06, 2007 at 07:52:32 AM EST
    Thanks Tom Maguire for an excellent synopsis.  I was stumped too when I read what Jeralyn posted.

    About the bonus - Pincus knew on June 12 that the CIA sent Wilson.  He probably talked to some people in the CIA about that trip and had a clue about the real origins of the trip (and nobody - not even Tom Maguire has been able to show any convincing arguments that the trip was arranged by Plame).  I do not know why this should be so baffling, especially to an expert like Tom Maguire.

    Parent

    Side Issue in the Plame Case: Who Sent Her Spouse (none / 0) (#9)
    by MiddleOfTheRoad on Tue Feb 06, 2007 at 08:33:07 AM EST
    And don't forget the other article from Pincus where he says:

    "Over the past months, however, the CIA has maintained that Wilson was chosen for the trip by senior officials in the Directorate of Operations counterproliferation division (CPD) -- not by his wife -- largely because he had handled a similar agency inquiry in Niger in 1999."

    Parent

    Who sent Plame? (none / 0) (#10)
    by Tom Maguire on Tue Feb 06, 2007 at 09:33:20 AM EST
    I do not know why this should be so baffling, especially to an expert like Tom Maguire.

    Willfulness on my part is surely contributory.  However, I do like to wave this, from the Libby indictment:

    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.

    7. On or about June 11, 2003, LIBBY spoke with a senior officer of the CIA to ask about the origin and circumstances of Wilson's trip, and was advised by the CIA officer that Wilson's wife worked at the CIA and was believed to be responsible for sending Wilson on the trip.

    Grossman was presumably relying on a possibly-erroneous INR memo, but how to explain Grenier of the CIA?

    the CIA has maintained that Wilson was chosen for the trip by senior officials in the Directorate of Operations counterproliferation division (CPD) -- not by his wife -- largely because he had handled a similar agency inquiry in Niger in 1999."

    I don't know if Pincus is being disingenuous or spun, but per the Senate Intel Report (p. 49 of the .pdf, p. 39 of the report):

    The former ambassador had traveled previously to Niger on the CIA's behalf |XXXXXXXXX
    The former ambassador was selected for the 1999 trip after his wife mentioned to her supervisors that her husband was planning a business trip to Niger in the near future and might be willing to use his contacts in the region...

    Maybe folks confused her involvement on the 1999 trip with her role on the 2002 trip; maybe it was as simple as, "who did Valerie suggest last time, let's send him again".

    But the idea that she had no history and no role here is not supported.

    Plame's role (none / 0) (#11)
    by MiddleOfTheRoad on Tue Feb 06, 2007 at 10:35:01 AM EST
    But the idea that she had no history and no role here is not supported.

    I don't disagree with that.

    But the role she played does not seem to have risen to the level of "nepotism" that is routinely alleged by the regulars on your web site.  And the history and role does not imply that she arranged the trip, and Pincus probably knew enough details about the trip to figure out that the substance of what was being implied by the administration official was not true.

    Incidentally, there were even people in the Administration who felt at that time that it was unwise to drag in Plame to discredit Wilson.  I am sure that most people in the Administration would agree on that now :)

    Reference #6 from the indictment is not a surprise, given the mistakes in the INR memo.  Pincus himself states: "Attached to the letter were the notes from the INR analyst who had attended the session, but they were written well after the event occurred and contained mistakes about who was there and what was said, according to a former intelligence official who reviewed the document in the summer of 2003."

    Reference #7 from the Libby indictment is certainly puzzling although there is enough wiggle room in that statement since it does not state who believed Plame was responsible.

    Parent

    continued (none / 0) (#12)
    by MiddleOfTheRoad on Tue Feb 06, 2007 at 12:40:35 PM EST
    ... and what the basis for that belief was.

    Parent
    Nepotism (none / 0) (#13)
    by Tom Maguire on Tue Feb 06, 2007 at 01:14:41 PM EST
    But the role she played does not seem to have risen to the level of "nepotism" that is routinely alleged by the regulars on your web site.

    I agree that the nepotism charge was weak - Wilson certainly had a plausible resume.

    Had I been in charge of Admin spin, I would have made a different point - in a bitter CIA-WH dispute about pre-war intel, Wilson was being pitched as a former Ambassador with no obvious dog in the fight.

    I would have asked reporters to tell me how they liked this headline:

    "In White House - CIA dispute, CIA spouse Vouches For CIA"

    The conflict of interest is absurd - would Wilson really have gone public with claims that his wife's own CIA group ignored him and blew the dissemination of his report?

    Oh, well...

    Denial Central (none / 0) (#14)
    by squeaky on Tue Feb 06, 2007 at 01:25:06 PM EST
    Did Cheney ever asks the CIA to find out stuff or do you think all he ever does is think about who to shoot in the face?

    Hard to believe the state of denial you and MOTR have got going.

    Do you two also believe that Sadaam had WMD's?

    Parent