Trial in Error

Plame was not covert. She worked at CIA headquarters and had not been stationed abroad within five years of the date of Novak's column.

* * *

THIS GRAND JURY CHARGES THE MEDIA with hypocrisy in asserting that criminal law was applicable to this "leak" and with misreporting facts to wage a political attack on an increasingly unpopular White House. To wit:

· Notwithstanding the fact that major newspapers have highfalutin', well-paid in-house and outside counsel who can find the disclosure law and even interpret it, the following publications called for a criminal investigation:

· The Atlanta Journal-Constitution called the appointment of a special independent counsel "absolutely necessary" because the allegations "come perilously close to treason" -- even though treason is a constitutional crime requiring two witnesses and the levying of war against the United States.

· The Boston Globe wrote: "This is a case that clearly calls for the appointment of an independent counsel."

· The New York Times naively approved the investigation if it "focused on the White House, not on journalists." It later applauded Fitzgerald's appointment, declaring that he must be allowed "to use the full powers of a special counsel."

· The Washington Post refrained from expressing shock at a "leak." But The Post had contributed to the fray by reporting on Sept. 28, 2003, that "two White House officials called at least six Washington journalists and disclosed the identity and occupation of Wilson's wife . . . to undercut Wilson's credibility." This article was the likely impetus for the other papers' editorials.

As recently as a week ago, the media were displaying their prejudice in this case. On "Meet the Press," journalists lamented that the Libby trial was revealing how government officials can use their relationships with reporters to plant stories that hurt their political enemies. Where was the voice at the table asking, "Didn't Wilson also use the media with his assertions in the New York Times and The Post?"

* * *

THIS GRAND JURY CHARGES ARI FLEISCHER because his testimony about conversations differs from reporters' testimony, just as Libby's does. To wit:

· The former White House press secretary testified before the grand jury and at the trial that he had revealed Plame's identity to two reporters -- John Dickerson, then of Time magazine, and NBC News's David Gregory. Dickerson denied it. Gregory won't comment.