Trial in Error

· Armitage, like Bush adviser Karl Rove, forgot one conversation with a reporter. Fitzgerald threatened Rove with prosecution; Armitage bragged that he didn't even need a lawyer.

· In violating prosecutorial ethics by discussing facts outside the indictment during his Oct. 28, 2005, news conference, Fitzgerald made one factual assertion that turned out to be flat wrong: Libby was not "the first official" to reveal Plame's identity.

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THIS GRAND JURY CHARGES THE CIA for making a boilerplate criminal referral to cover its derrière.

The CIA is well aware of the requirements of the law protecting the identity of covert officers and agents. I know, because in 1982, as chief counsel to the Senate intelligence committee, I negotiated the terms of that legislation between the media and the intelligence community. Even if Plame's status were "classified"--Fitzgerald never introduced one piece of evidence to support such status -- no law would be violated.

There is no better evidence that the CIA was only covering its rear by requesting a Justice Department criminal investigation than the fact that it sent a boiler-plate referral regarding a classified leak and not one addressing the elements of a covert officer's disclosure.

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THIS GRAND JURY CHARGES JOSEPH C. WILSON IV with misleading the public about how he was sent to Niger, about the thrust of his March 2003 oral report of that trip, and about his wife's CIA status, perhaps for the purpose of getting book and movie contracts.

· On July 6, 2003, Wilson appeared on "Meet the Press" hours after the New York Times published his op-ed "What I Didn't Find in Africa," which accused the administration of twisting intelligence to exaggerate the Iraq threat. The piece suggested that Wilson had been sent to Niger at the vice president's request to look into foreign intelligence reports of Iraqi efforts to obtain yellowcake uranium. Wilson told Andrea Mitchell, "The office of the vice president, I am absolutely convinced, received a very specific response to the question it asked and that response was based upon my trip there." But Cheney said he had no knowledge of Wilson's trip and was never briefed on his oral report to the CIA.

· Wilson has claimed repeatedly -- including on MSNBC's "Countdown" on July 22, 2005 and at the National Press Club on Oct. 31, 2005 -- that he was sent to Niger because of his "specific skill set" and not because of his wife. But Senate intelligence committee documents indicate that Plame suggested his name for the trip, as did a State Department report and a CIA official who briefed the vice president's office.

· Although Wilson has repeatedly claimed that neither his trip nor his oral report was classified, the CIA sent documents about the trip marked "classified" to the vice president's office and to date has not released the essence of the oral report. A source later identified as Wilson claimed in a Washington Post article on June 12, 2003, that documents related to an alleged Iraq-Niger uranium deal were forged because "the dates were wrong and the names were wrong." When Senate intelligence committee staff questioned that, as Wilson had never seen the documents, he responded that he may have "misspoken."

· Wilson has continually played coy about his wife's status. On July 16, 2003, David Corn wrote in the Nation: "Did senior Bush officials blow the cover of a U.S. intelligence officer working covertly in a field of vital importance to national security -- and break the law -- in order to strike at a Bush administration critic and intimidate others?" Corn acknowledged talking to Wilson but said that Wilson refused to talk about his wife. Yet Corn also published Wilson's rather unsubtle suggestion: "Naming her this way would have compromised every operation, every relationship, every network with which she had been associated in her entire career."