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Libby pleads not guilty in CIA leak case

By The Associated Press
11.04.05

WASHINGTON — Vice President Dick Cheney's former chief of staff pleaded not guilty to a five-count felony indictment yesterday in the CIA leak case, signaling a protracted court battle that is sure to prolong debate about the White House's prewar use of intelligence on Iraq.

I. Lewis "Scooter" Libby appeared at his arraignment with trial lawyers Ted Wells and William Jeffress, known for their ability to win jury acquittals for high-profile clients in white-collar criminal cases.

"With respect, your honor, I plead not guilty," Libby told U.S. District Judge Reggie Walton, a former prosecutor who has spent two decades as a judge in the nation's capital.

Cheney and other top White House officials could be called to testify if Libby goes to trial. Libby is charged with obstruction of justice, two counts of lying to the FBI and two counts of committing perjury before a federal grand jury.

Yesterday Libby waived his right to a speedy trial. It is expected to take his legal team three months to get security clearances and to examine classified information that the prosecution must produce to the defense.

Jeffress said First Amendment issues may be raised in Libby's defense and that there may be disputes over the use of classified information.

Legal experts say there could be defense demands for reporters' notes. Journalists are among the case's central witnesses and legal fights over confidential sources already marked the grand jury probe into the CIA leak.

Legal analysts also say Libby's lawyers could demand the government turn over an extensive amount of classified information from the CIA about Valerie Plame's covert status.

The indictment says Libby got information about Plame's identity in June 2003 from Cheney, the State Department and the CIA, then spread it to New York Times reporter Judith Miller and Time magazine reporter Matt Cooper. Libby told FBI agents and a federal grand jury that his information had come from NBC reporter Tim Russert.

Russert says he and Libby never discussed Wilson or his wife.

The exposure of Plame's CIA identity by conservative columnist Robert Novak triggered the probe that resulted in Libby's indictment.

Outside after the 10-minute session yesterday, Wells said of Libby, "He has declared to the world that he is innocent. He wants to clear his good name, and he wants a jury trial."

Libby's indictment has enabled Democrats to raise anew questions about the Bush administration's primary justification for invading Iraq, the incorrect assertion that Saddam Hussein had weapons of mass destruction.

Libby was charged with lying to investigators and the grand jury about leaking the CIA status of Plame to reporters. Plame's CIA status was exposed after her husband, former U.S. Ambassador Joseph Wilson, accused the administration of twisting intelligence in the run-up to the war to exaggerate the Iraqi threat from weapons of mass destruction.

Wilson made his accusation after a CIA-sponsored trip to Africa in which he said he found no evidence to support the allegation that Iraq had an agreement to acquire uranium from Niger.

Bush told the nation on Jan. 28, 2003, that "the British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa." The Bush administration later said the passage should have been taken out of the president's address.

The next court date for Libby was set for Feb. 3.

Wells won acquittal for former Agriculture Secretary Michael Espy and successfully defended a Tennessee financier in the fundraising controversy surrounding the Clinton-Gore presidential campaign of 1996. Wells was part of the successful defense in a criminal trial of former Labor Secretary Raymond Donovan and other corporate executives.

"If your intention is to go to trial, you turn to Ted Wells," said former Independent Counsel Robert Ray.

Jeffress is from the firm Baker Botts, where Bush family friend and former Secretary of State James A. Baker III is a senior partner.

Former Justice Department spokeswoman Barbara Comstock also is to assist Libby's defense team.


Update
Libby's lawyers seek to subpoena reporters' records
Court filing indicates that large part of defense's trial strategy will be identifying other officials who knew Valerie Plame was CIA operative and told reporters about it. 01.23.06

Previous
Cheney aide indicted in CIA leak probe
Lewis Libby resigns amid charges of obstruction of justice, making false statement, perjury; Karl Rove not indicted, remains under investigation. 10.28.05

Related

Democrats force Senate into closed session over prewar intelligence

Republicans deride move forcing public, press out of chambers as political stunt. 11.01.05

Journalists face further threats in protecting sources
'Instead of Fitzgerald coming after reporters, now we have Libby coming after reporters,' Reporters Committee chief says of latest developments in CIA leak case. 11.07.05

Justice Department mulls probe into secret-prisons leak
CIA asks agency to open criminal investigation, while GOP House, Senate leaders call for congressional inquiry after Washington Post publishes story on covert detention centers. 11.09.05

Judith Miller retires from New York Times
Reporter, who was jailed in CIA leak probe, says she plans to keep lobbying for federal shield law. 11.10.05

Washington Post's Bob Woodward testifies in CIA leak probe
Journalist tells special prosecutor that senior White House official — but not Lewis Libby — told him about CIA operative in mid-June 2003. 11.16.05

Woodward statement at odds with prosecutor's claim about Libby
Patrick Fitzgerald had said vice president's former top aide was first to reveal Valerie Plame's identity to reporters, although he wasn't charged with disclosure. 11.17.05

2nd Time reporter to testify in CIA leak case
Viveca Novak has agreed to cooperate with special counsel and discuss conversations she had with White House aide Karl Rove's attorney. 11.28.05

Prosecutor, 2nd Time reporter meet in CIA leak probe
Patrick Fitzgerald has been seeking testimony from Viveca Novak about her conversations with Karl Rove's attorney. 12.09.05

Time reporter: Rove may have revealed Plame's CIA status
Viveca Novak, without telling her editors, underwent lengthy interview by prosecutor in leak investigation a month ago, magazine reports. 12.12.05

Ex-CIA officer, husband sue White House officials over leak
Federal lawsuit accuses Cheney, Rove, Libby, others of violating couple's free speech by leaking Valerie Plame's identity and engaging in 'whispering campaign' to destroy her career. 07.14.06

Ongoing confidential-sources cases
By Bill Kenworthy Compilation tracking current cases involving efforts to force journalists to disclose confidential sources. 08.04.05

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