Ex-Cheney Aide Testified Leak Was Ordered, Prosecutor Says

By NEIL A. LEWIS
Published: February 10, 2006

WASHINGTON, Feb. 9 — I. Lewis Libby Jr., the former chief of staff to Vice President Dick Cheney, told a grand jury that he was authorized by his "superiors" to disclose classified information to reporters about Iraq's weapons capability in June and July 2003, according to a document filed by a federal prosecutor.

The document shows that Mr. Libby, known as Scooter, was actively engaged in the Bush administration's public relations effort to rebut complaints that there was little evidence to support the claim that Saddam Hussein possessed or sought weapons of mass destruction, which was used to justify the invasion of Iraq.

The document is part of the prosecutors' case against Mr. Libby, who has been indicted on charges that he lied about his role in exposing the identity of a C.I.A. operative to journalists.

The prosecutor, Patrick J. Fitzgerald, said in a letter to Mr. Libby's lawyers last month that Mr. Libby had testified before the grand jury that "he had contacts with reporters in which he disclosed the content of the National Intelligence Estimate ('NIE')," that discussed Iraq's nuclear weapons capability. "We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors."

Mr. Libby was indicted on five counts of perjury and obstruction of justice last October in what Mr. Fitzgerald has charged was a willful misleading of investigators about his role in exposing Valerie Wilson as an officer of the Central Intelligence Agency. Ms. Wilson is the wife of Joseph C. Wilson IV, a former ambassador who had accused the administration of twisting intelligence about Iraq's efforts to buy uranium from the government of Niger.

Ms. Wilson's identity was first disclosed in a column by Robert D. Novak in July 2003, just after Mr. Wilson wrote an Op-Ed column in The New York Times saying he had investigated the Niger claim and found little evidence to support it. Mr. Wilson charged that destroying his wife's undercover status was a way to discredit him and his assertions.

The prosecutor's note of Jan. 23 does not, however, make any reference to Mr. Libby's involvement in the disclosure of Ms. Wilson's identity. It seems, rather, to be part of an effort by the prosecutor to demonstrate that Mr. Libby was engaged in using secret information to press the administration's case at the same time that Ms. Wilson's identity was leaked to reporters.

The letter was first reported Thursday by the National Journal, which said its sources had identified that one of the superiors was Mr. Cheney.

The National Intelligence Estimate, which was done in October 2002, said that Iraq "will probably have a nuclear weapon during this decade," but it included some dissenting views. The report was classified.

But amid doubts about the rationale for the invasion of Iraq some of which were attributable to Mr. Wilson's Op-Ed article, the administration declassified the report on July 18.

Mr. Fitzgerald said in his letter that Mr. Libby discussed the contents of the classified report in a July 8 meeting — 10 days before it was declassified — with Judith Miller, then a reporter at The Times. Ms. Miller, who spent 85 days in jail before agreeing to testify in the leak case, has told the grand jury that Mr. Libby told her about Ms. Wilson at the same meeting.

Mr. Fitzgerald said that Mr. Libby's testimony showed how Ms. Wilson's status was disclosed. "Our anticipated basis for offering such evidence is that such facts are inextricably intertwined with the narrative of the events of spring, 2003, as Libby's testimony itself makes plain," he wrote.

Mr. Libby's lawyers have already suggested they will mount a defense in which they will not challenge the charge that he made misstatements about how he learned of Ms. Wilson's identity and whether he shared that information with reporters. They have said that any statements he made to investigators that might have been untrue were the result of his preoccupation with many serious matters of national security at the time

http://www.nytimes.com/2006/02/10/politics/10leak.html?hp&ex=1139634000&en=459da82bafdce84e&ei=5094&partner=homepage

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