COUNT ONE (Obstruction of Justice)
THE GRAND JURY CHARGES:
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20. On or about July 10, 2003, LIBBY spoke to NBC Washington Bureau Chief Tim Russert to complain about press coverage of LIBBY by an MSNBC reporter. LIBBY did not discuss Wilson's wife with Russert.
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26. As part of the criminal investigation, LIBBY was interviewed by Special Agents of the FBI on or about October 14 and November 26, 2003, each time in the presence of his counsel. During these interviews, LIBBY stated to FBI Special Agents that:
a. During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was aware that Wilson's wife worked for the CIA. LIBBY responded to Russert that he did not know that, and Russert replied that all the reporters knew it. LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson's wife's employment from the Vice President.
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32. It was part of the corrupt endeavor that during his grand jury testimony, defendant LIBBY made the following materially false and intentionally misleading statements and representations, in substance, under oath:
a. When LIBBY spoke with Tim Russert of NBC News, on or about July 10, 2003:
i. Russert asked LIBBY if LIBBY knew that Wilson's wife worked for the CIA, and told LIBBY that all the reporters knew it; and
ii. At the time of this conversation, LIBBY was surprised to hear that Wilson's wife worked for the CIA;
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33. It was further part of the corrupt endeavor that at the time defendant LIBBY made each of the above-described materially false and intentionally misleading statements and representations to the grand jury, LIBBY was aware that they were false, in that:
a. When LIBBY spoke with Tim Russert of NBC News on or about July 10, 2003:
i. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and
ii. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; in fact, LIBBY had participated in multiple prior conversations concerning this topic, including on the following occasions:
[*] In or about early June 2003, LIBBY learned from the Vice President that Wilson's wife worked for the CIA in the Counterproliferation Division;
[*] On or about June 11, 2003, LIBBY was informed by a senior CIA officer that Wilson's wife was employed by the CIA and that the idea of sending him to Niger originated with her;
[*] On or about June 12, 2003, LIBBY was informed by the Under Secretary of State that Wilson's wife worked for the CIA;
[*] On or about June 14, 2003, LIBBY discussed "Joe Wilson" and "Valerie Wilson" with his CIA briefer, in the context of Wilson's trip to Niger;
[*] On or about June 23, 2003, LIBBY informed reporter Judith Miller that Wilson's wife might work at a bureau of the CIA;
[*] On or about July 7, 2003, LIBBY advised the White House Press Secretary that Wilson's wife worked for the CIA;
[*] In or about June or July 2003, and in no case later than on or about July 8, 2003, LIBBY was advised by the Assistant to the Vice President for Public Affairs that Wilson's wife worked for the CIA;
[*] On or about July 8, 2003, LIBBY advised reporter Judith Miller of his belief that Wilson's wife worked at the CIA; and
[*] On or about July 8, 2003, LIBBY had a discussion with the Counsel to the Office of the Vice President concerning the paperwork that would exist if a person who was sent on an overseas trip by the CIA had a spouse who worked at the CIA;
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In violation of Title 18, United States Code, Section 1503.[/b]
COUNT TWO
(False Statement)
THE GRAND JURY FURTHER CHARGES:
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3. On or about October 14 and November 26, 2003, in the District of Columbia,
I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency within the executive branch of the United States, in that the defendant, in response to questions posed to him by agents of the Federal Bureau of Investigation, stated that:
During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was aware that Wilson's wife worked for the CIA.
LIBBY responded to Russert that he did not know that, and Russert replied that all the reporters knew it. LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson's wife's employment from the Vice President.
4. As defendant LIBBY well knew when he made it, this statement was false in that when LIBBY spoke with Russert on or about July 10 or 11, 2003:
a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and
b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; In violation of Title 18, United States Code, Section 1001(a)(2).
COUNT THREE
(False Statement)
THE GRAND JURY FURTHER CHARGES:
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2. On or about March 5, 2004, in the District of Columbia,
COUNT FOUR
(Perjury)
THE GRAND JURY FURTHER CHARGES:
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I. LEWIS LIBBY, also known as "SCOOTER LIBBY,"
defendant herein, having taken an oath to testify truthfully in a proceeding before a grand jury of the United States, knowingly made a false material declaration, in that he gave the following testimony regarding a conversation that he represented he had with Tim Russert of NBC News, on or about July 10, 2003 (underlined portions alleged as false):
. . . . And then he said, you know, did you know that this -- excuse me, did you know that Ambassador Wilson's wife works at the CIA? And I was a little taken aback by that. I remember being taken aback by it. And I said -- he may have said a little more but that was -- he said that. And I said, no, I don't know that. And I said, no, I don't know that intentionally because I didn't want him to take anything I was saying as in any way confirming what he said, because at that point in time I did not recall that I had ever known, and I thought this is something that he was telling me that I was first learning. And so I said, no, I don't know that because I want to be very careful not to confirm it for him, so that he didn't take my statement as confirmation for him.Now, I had said earlier in the conversation, which I omitted to tell you, that this -- you know, as always, Tim, our discussion is off-the-record if that's okay with you, and he said, that's fine. So then he said -- I said -- he said, sorry -- he, Mr. Russert said to me, did you know that Ambassador Wilson's wife, or his wife, works at the CIA? And I said, no, I don't know that. And then he said, yeah -- yes, all the reporters know it. And I said, again, I don't know that. I just wanted to be clear that I wasn't confirming anything for him on this. And you know, I was struck by what he was saying in that he thought it was an important fact, but I didn't ask him anymore about it because I didn't want to be digging in on him, and he then moved on and finished the conversation, something like that.
3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that:
a. Russert did not ask LIBBY if LIBBY knew that Wilson's wife worked for the CIA, nor did he tell LIBBY that all the reporters knew it; and
b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA;
In violation of Title 18, United States Code, Section 1623..
COUNT FIVE
(Perjury)
THE GRAND JURY FURTHER CHARGES:
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Q. The next set of questions from the Grand Jury are -- concern this fact. If you did not understand the information about Wilson's wife to have been classified and didn't understand it when you heard it from Mr. Russert, why was it that you were so deliberate to make sure that you told other reporters that reporters were saying it and not assert it as something you knew?
A. I want -- I didn't want to -- I didn't know if it was true and I didn't want people -- I didn't want the reporters to think it was true because I said it. I -- all I had was that reporters are telling us that, and by that I wanted them to understand it wasn't coming from me and that it might not be true. Reporters write things that aren't true sometimes, or get things that aren't true. So I wanted to be clear they didn't, they didn't think it was me saying it. I didn't know it was true and I wanted them to understand that. Also, it was important to me to let them know that because what I was telling them was that I don't know Mr. Wilson. We didn't ask for his mission. That I didn't see his report. Basically, we didn't know anything about him until this stuff came out in June. And among the other things, I didn't know he had a wife. That was one of the things I said to Mr. Cooper. I don't know if he's married. And so I wanted to be very clear about all this stuff that I didn't, I didn't know about him. And the only thing I had, I thought at the time, was what reporters are telling us.
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Well, talking to the other reporters about it, I don't see as a crime. What I said to the other reporters is what, you know -- I told a couple reporters what other reporters had told us, and I don't see that as a crime.
3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that LIBBY did not advise Matthew Cooper or other reporters that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise Cooper or other reporters that LIBBY did not know whether this assertion was true;
In violation of Title 18, United States Code, Section 1623.