- The Washington Times - Friday, October 28, 2005

The vice president’s chief of staff, I. Lewis “Scooter” Libby Jr., was indicted today on charges of obstruction of justice, perjury and making false statements in the CIA leak investigation, a politically charged case that will throw a spotlight on President Bush’s push to war.

Libby, 55, resigned and left the White House.

Karl Rove, Bush’s closest adviser, escaped indictment Friday but remained under investigation, his legal status casting a dark cloud over a White House already in trouble. The U.S. military death toll in Iraq exceeded 2,000 this week, and the president’s approval ratings are at the lowest point since he took office in 2001.

Friday’s charges stemmed from a two-year investigation by special counsel Patrick Fitzgerald into whether Rove, Libby or any other administration officials knowingly revealed the identity of CIA officer Valerie Plame or lied about their involvement to investigators.

Libby’s indictment is a political embarrassment for the president, paving the way for a possible trial renewing the focus on the administration’s faulty rationale for going to war against Iraq - the erroneous assertion that Saddam Hussein possessed weapons of mass destruction. It could also mean that Cheney, who prizes secrecy, will be called upon as a witness to explain why the administration launched a campaign against Plame’s husband, a critic of the war.

The grand jury indictment charged Libby with one count of obstruction of justice, two of perjury and two false statement counts. If convicted on all five, he could face as much as 30 years in prison and $1.25 million in fines.

Vice President Dick Cheney was mentioned by name in the 22-page indictment and several officials were identified by title, but no one besides Libby was charged.

In each of the counts, the basic allegation against Libby is that he lied to investigators or Fitzgerald’s grand jury about his conversations with reporters. He is not accused of purposely revealing the identity of a covert officer, the potential charge that Fitzgerald was initially appointed to investigate.

Fitzgerald said in a statement, “When citizens testify before grand juries they are required to tell the truth. 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.”

Any trial would dig into the secret deliberations of Bush and his team as they built the case for war against Iraq.

Bush ordered U.S. troops to war in March 2003, saying Saddam’s weapons of mass destruction program posed a grave and immediate threat to the United States. No such weapons were found.

After the indictment was announced, Libby submitted his resignation to White House chief of staff Andy Card. It was accepted and Libby left the grounds. Card notified Bush.

Cheney issued a statement saying he had accepted Libby’s resignation “with deep regret.” He added that Libby was entitled to a presumption of innocence in the case and praised his longtime aide as “one of the most capable and talented individuals I have ever known.”

Democrats suggested the indictment was just the tip of the iceberg. Senate Minority Leader Harry Reid, D-Nev., said the case was larger than Libby and “about how the Bush White House manufactured and manipulated intelligence in order to bolster its case for the war in Iraq and to discredit anyone who dared to challenge the president.”

Sen. John Kerry, who ran unsuccessfully against Bush last year, called the case “evidence of White House corruption at the very highest levels, far from the ‘honor and dignity’ the president pledged to restore to Washington just five years ago.”

Hoping to contain the damage, Republicans turned against Libby. Several welcomed his resignation.

“It’s time to stop the leaks and spin and turn Washington into one big recovery meeting where people say what they mean and mean what they say,” said Rep. Jim Ramstad, R-Minn.

Senate Majority Leader Bill Frist, R-Tenn., said through a spokesman that the Senate won’t investigate the CIA leak.

The indictment alleges that Libby began digging for details about Joseph Wilson, Plame’s husband and an Iraq war critic, well before the former ambassador went public July 6, 2003, in a newspaper opinion piece with his criticism of the Bush administration’s use of faulty prewar intelligence on Iraq’s nuclear ambitions.

Libby made his first inquiries about Wilson’s travel to Niger in late May 2003 - a trip the government sent him on in early 2002 to check on reports that Saddam was trying to buy uranium - and by June 11 Libby was informed by a CIA official that Wilson’s wife worked for the agency and might have sent him on the trip.

On June 12, 2003, the indictment alleges, Libby heard directly from Cheney that Plame worked for the spy agency.

“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,” Fitzgerald said in a news release.

A short time later, Libby began reaching out to reporters, starting with The New York Times’ Judith Miller on June 23.

Libby is considered Cheney’s alter ego, a chief architect of the war with Iraq. A trial would give the public a rare glimpse into Cheney’s influential role in the West Wing and his behind-the-scenes lobbying for war.

Though Libby has worked in relative obscurity, he is one of the administration’s influential advisers because of his proximity to Cheney, one of the most powerful vice presidents in history.

Rove’s lawyer said he was told by special prosecutor Fitzgerald’s office that investigators would continue their probe into the aide’s conduct. Fitzgerald’s office said Rove would not be indicted Friday, said people close to the Republican strategist, speaking only on condition of anonymity because of grand jury secrecy. Rove is deputy White House chief of staff.

The lack of an indictment against Rove was a mixed outcome for the administration. It keeps in place the president’s top adviser, the architect of his political machine whose fingerprints can be found on virtually every policy that emerges from the White House.

But leaving Rove in legal jeopardy keeps Bush and his team working on problems like the Iraq war, a Supreme Court vacancy and slumping poll ratings beneath a dark cloud of uncertainty.

Rove, who testified four times before the CIA leaks grand jury, has stepped back from some of his political duties such as speaking at fundraisers but is said to be otherwise immersed in his sweeping portfolio as deputy White House chief of staff.

After weeks of hand-wringing about possible indictments in the investigation, Before he left for the speech in Norfolk, the president chatted with Cheney and Rove in the Oval Office along with smiling aides.

Rove’s lawyer, Robert Luskin, said, “Mr. Rove will continue to cooperate fully with the special counsel’s efforts to complete the investigation. We are confident that when the special counsel finishes his work, he will conclude that Mr. Rove has done nothing wrong.”

Rove’s potential legal problems stem in part from the fact that he failed initially to disclose to prosecutors a conversation in which he told Time magazine reporter Matt Cooper that Plame worked for the CIA. Rove says the conversation slipped his mind.

Senior Republicans inside and outside the White House have wondered whether the case has been a distraction for Rove. They point to the failed Supreme Court nomination of Harriet Miers, which was derailed by conservative activists, many of them allies of Rove. He helped build Bush’s political career on the strength of ties to the religious conservative movement.

White House credibility has been on the line from the start. Spokesman Scott McClellan, after checking with Rove and Libby, assured reporters that neither man was involved in the leak. Months later, reports surfaced that suggested they were involved.

Columnist Robert Novak revealed Plame’s name and her CIA status on July 14, 2003. That was five days after Novak talked to Rove and eight days after Plame’s husband, former ambassador Wilson, published his opinion article in the Times.

Wilson has accused the White House of revealing his wife’s identify to undercut his allegations against Bush.


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