Reply #3: Undercutting Wilson's Credibility with Classified Information

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Plainly, Fitzgerald believes Libby lied, and this will be the central issue at his forthcoming trial. Fitzgerald contends that the evidence will show that contrary to Libby's statements to investigators and the grand jury, not only did Libby know of Valerie Plame's work at the CIA before he spoke to journalist Tim Russert, but Libby also used that information as part of the effort to discredit Wilson's Op Ed.

According to Fitzgerald, Libby "undertook vigorous efforts to rebut" Wilson because "Vice President Cheney, defendant's immediate superior, expressed concern to defendant regarding whether Mr. Wilson's trip was legitimate or whether it was in effect a junket set up by Mr. Wilson's wife."

This disclosure about Wilson's wife, according to Fitzgerald's filing, "was one way" to undercut the Op Ed - based on the hope it would be taken less seriously "if Mr. Wilson were perceived to have received the assignment on account of nepotism."

Another way to undercut the Op Ed was to use the top-secret information in the National Intelligence Estimate (NIE). A knowledgeable reporter like Judith Miller would understand that this information was the best judgment of the American intelligence community.

Fitzgerald reports that Libby "testified that he was specifically authorized … to disclose the key judgments of the classified NIE to Miller" because the information "was 'pretty definite' against Ambassador Wilson… and that the Vice President thought that it was 'very important' for the key judgments of the NIE to come out."

When Libby raised the problem of discussing the NIE with Miller because of its classified status, the filing reports that Libby "testified that the Vice President later advised him that the President had authorized" Libby to disclose the relevant portions of the NIE. (Emphasis added.)

The word "later" here, in the filing, is crucially ambiguous: Did the President authorized Libby's actions before Libby actually revealed the classified information to Miller, or afterward? The distinction may make a large difference in Libby's defense: If the authorization was retroactive, then Libby initially revealed classified information without permission to do so; thus, he would have reason to lie.

In addition, Cheney's counsel (now Chief of Staff) "opined that Presidential authorization to publicly disclose a document amounted to a declassification of the document." (Emphasis added.)

Again, the language here is telling. The filing says that the President's actions "amounted to" declassification, not that the President had unilaterally declassified the material. To the contrary, it appears the material was not declassified for several days.

So scotty can check that one out and put it in his pipe and smoke it!