Booman Tribune

Judy Miller and the 2002 NIE

by BooMan
Thu Apr 6th, 2006 at 06:25:22 PM EST

In my previous posting, I referred to the fact that Judith Miller anticipated, by a month, all the key judgments of the intelligence agencies about Iraq's nuclear program that went into the 2002 National Intelligence Estimate. But, I left it to the reader to go to the sources and compare them. This led to some confusion. So, let me lay it out for you all again, and then put the two documents side by side.

On September 8, 2002, Judith Miller and Michael Gordon published an article entitled U.S. Says Hussein Intensifies Quest for A-Bomb Parts . In the first week of October, the intelligence community produced the 2002 National Intelligence Estimate. It was a report that was requested from Congress and it was used to justify their vote for the authorization of force. As you will see, it used almost the same language, and drew the same conclusions, to describe the state of Iraq's nuclear capabilities as Miller's article had used. In other words, Judith Miller had seen all the facts that went into this highly classified report a month before Congress did.

Now, fast-forward to July of 2003. Baghdad is occupied, but no one can find anything to back up either Judith Miller's reporting, or the reporting from the NIE (they are the same thing) on Iraq's nuclear program. Once again, Scooter Libby goes to Judith Miller. He shows her (again) the key findings of the NIE (as if she hadn't seen them back in September 2002). He also reveals Valerie Plames's name and occupation (apparently getting her department wrong).

Now he claims, in court, that he went and got specific permission to leak these documents to Judith Miller in July. But, who leaked them to her in September of 2002?

National Intelligence Estimate- Key Judgments. Created in October 2002, declassified on July 18th, 2003.

From Judith Miller and Michael Gordon's article U.S. Says Hussein Intensifies Quest for A-Bomb Parts . Published September 8, 2002.

How quickly Iraq will obtain its first nuclear weapon depends on when it acquires sufficient weapons-grade fissile material. * If Baghdad acquires sufficient fissile material from abroad it could make a nuclear weapon within several months to a year.

American intelligence officials believe that Iraq could assemble a nuclear device in a year or somewhat less if it obtained the nuclear material for a bomb on the black market. But they say there are no signs that Iraq has acquired such a supply.

* Without such material from abroad, Iraq probably would not be able to make a weapon until 2007 to 2009, owing to inexperience in building and operating centrifuge facilities to produce highly enriched uranium and challenges in procuring the necessary equipment and expertise.

The Central Intelligence Agency still says it would take Iraq five to seven years to make a nuclear weapon if it must produce its own supply of highly enriched uranium for a bomb, an administration official said.

o Most agencies believe that Saddam's personal interest in and Iraq's aggressive attempts to obtain high-strength aluminum tubes for centrifuge rotors--as well as Iraq's attempts to acquire magnets, high-speed balancing machines, and machine tools--provide compelling evidence that Saddam is reconstituting a uranium enrichment effort for Baghdad's nuclear weapons program. (DOE agrees that reconstitution of the nuclear program is underway but assesses that the tubes probably are not part of the program.)

In addition to the special aluminum tubes, a senior administration official said Iraq had made efforts to purchase other equipment, epoxy and resins that could be used for centrifuges. A key issue is whether the items Iraq tried to buy are uniquely designed for centrifuge use or could have other applications. Experts say the dimensions and precise specification of the aluminum tubes would provide a clear indication of its intended use.

o Iraq's efforts to re-establish and enhance its cadre of weapons personnel as well as activities at several suspect nuclear sites further indicate that reconstitution is underway.

The attempted purchases are not the only signs of a renewed Iraqi interest in acquiring nuclear arms. President Hussein has met repeatedly in recent months with Iraq's top nuclear scientists and, according to American intelligence, praised their efforts as part of his campaign against the West.


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if it is still not clear what I am saying, just ask me, because it is difficult to explain.  But I think this is one of the most significant discoveries I've made in the Plame Affair.
by BooMan on Thu Apr 6th, 2006 at 06:34:13 PM EST
Deep Breaths.  Thanks for laying all this out again, their lies weave with with the media's spin, no wonder it's confusing.

We are condemned to kill time, thus we die bit by bit - Octavio Paz / Latino Político
by Man Eegee (man.eegee at gmail dot com) on Thu Apr 6th, 2006 at 06:37:37 PM EST
[ Parent ]
Thanks, Booman. You went to a lot of work to explain this. Seeing it all laid out in violet and aqua made it much clearer for me.

If you want things to get better, be prepared to deal with change.
by Kahli on Thu Apr 6th, 2006 at 06:41:07 PM EST
[ Parent ]
I've got to re-read something...will probably have a few ?'s...

"First, they ignore you. Then they laugh at you. Then they fight you. Then you win." Mahatma Gandhi
by Street Kid on Thu Apr 6th, 2006 at 07:09:00 PM EST
[ Parent ]
I am so glad you're figuring it out and explaining it to all of us mere mortals, because it's hard to keep it all straight.

"Little people are very stuff-intensive."
by CabinGirl on Thu Apr 6th, 2006 at 06:40:45 PM EST
[ Parent ]
Sherlock Booman, multiply the current price of gold by 5 you're worth your weight ounce per ounce.

 KUDOS BOOMAN, what a catch big guy. I'm waiting for MSM to pick this up.

Well, "You can't vote for war and disown the results"

by idredit on Thu Apr 6th, 2006 at 07:51:40 PM EST
[ Parent ]
Excellent work, Boo!  I hope this gets picked up and printed--especially by the NY Times.  

Needed next: documentation showing how the administration used news reports resulting from its own leaks in the PR machine drumming up support for the war.

Thus:

  1. Administration leaks selective classified intel to favored reporters;

  2. Respected MSM reports the leaks (as you have brilliantly shown)

  3. Administration quotes these same MSM reports to justify the march to war.  
by Analyst51 (analyst519@aol.com) on Fri Apr 7th, 2006 at 02:21:20 PM EST
[ Parent ]
thank you, and welcome to the Frog Pond.
by BooMan on Fri Apr 7th, 2006 at 02:28:31 PM EST
[ Parent ]
Okay Booman, I have got it now. This is superb, no spectacular work you have done here. Thank you for your patience to those of us a little slow on the take. Where the hell is the RWMSM on this? Write the media Booman.  

Frodo failed...Bush has got the ring.
by alohaleezy on Thu Apr 6th, 2006 at 06:41:40 PM EST
Great work today.

But, who leaked them to her in September of 2002?

Unfortunately I don't think the Fitzgerald investigation will uncover that (at least not directly) since every reporter who has answered his questions, including Judy, has made it clear that he only was interested in the limited July time period and their interaction with specific individuals like Libby.

But maybe just asking the question will jiggle information loose from somewhere else.

by maryb2004 on Thu Apr 6th, 2006 at 06:50:30 PM EST
Well, I think you are right for a couple of reasons.

First of all, this is not what the left wants to believe.  The left wants to believe that Libby's revelation that he had Presidential permission to leak the NIE information means he also had Presidential permission to leak Valerie Plame's name.  But the reality is that Cheney and Libby didn't ask or tell Bush jackshit.  They didn't ask for permission to shoot down Flight 93, they didn't even ask Bush to stop reading about a goat, and they sure as shit didn't interrupt his video golf game or bike ride to ask for permission to leak classified information.

On the other hand, someone was leaking to Miller all along, not just in July.  It was probably Libby in Sept. 2002 and it definitely was Libby in June/July 2003.  The right doesn't want us to look into that fact.  

by BooMan on Thu Apr 6th, 2006 at 06:59:24 PM EST
[ Parent ]
I would hope that the left would get over their knee jerk reaction eventually and start to bring pressure to bear on this question.  Not a soul I talked to today believed that Cheney was actually telling the truth to Libby about Bush -- OR that Libby believed Cheney.  

And that's if the conversation ever actually took place and Libby wasn't simply covering Cheney's ass by supporting this phony story.  

The only person who can contradict Cheney and Libby on this with any authority is Bush. This is not a battle Fitzgerald would take on in the investigation even if he thought Libby was lying about this too.  But by putting this information in a publicly available court response he opens up a whole can of worms on a political level.

by maryb2004 on Thu Apr 6th, 2006 at 07:11:21 PM EST
[ Parent ]
The only person who can contradict Cheney and Libby on this with any authority is Bush.

Which one?

"First, they ignore you. Then they laugh at you. Then they fight you. Then you win." Mahatma Gandhi

by Street Kid on Thu Apr 6th, 2006 at 07:31:02 PM EST
[ Parent ]
The story that Libby told the prosecutors was that Cheney had heard from Bush that it was OK for Libby to disclose the classified information.  

If Libby and Cheney agree on a story that Bush approved the disclosure, the only person who can contradict that story is Bush.  The same way that the only person who can contradict Cheney that Bush gave him the authority to order aircraft shot down -- is Bush.  

But BooMan is right, the emphasis on this distracts from the fact that somebody leaked the same information to Judy Miller the previous year.  And who was that person?

by maryb2004 on Thu Apr 6th, 2006 at 07:36:31 PM EST
[ Parent ]
I seem to remember a few months back that Cheney said that Bush had signed an executive order saying that Cheney had the authority to declassify documents. Maybe I'm not remembering correctly.
by Nag on Thu Apr 6th, 2006 at 08:14:40 PM EST
[ Parent ]
I think that declassifying statement came from Cheney on Fox at the end of the interview about his shooting accident.  For some reason that rings a bell with me.
by kfred (kathyfredericksonatcomcastdotnet) on Fri Apr 7th, 2006 at 08:25:40 AM EST
[ Parent ]

This goes beyond a censure motion. Ring the impeachment bells for twofer.

Well, "You can't vote for war and disown the results"

by idredit on Thu Apr 6th, 2006 at 08:07:01 PM EST
[ Parent ]
Of everything, the dates stand out the most in my mind.  (2002 and 2003)  Too big of a discrepancy...just thinking intuitively here.

"First, they ignore you. Then they laugh at you. Then they fight you. Then you win." Mahatma Gandhi
by Street Kid on Thu Apr 6th, 2006 at 07:58:08 PM EST
[ Parent ]
....so clearly Fitzgerald has some evidence that another crime, besides the disclosure of Plame's identity, happened in that crucial week of July 7-14 (and maybe even before, back in Sept of 2002, as Booman speculates).

So, if he's as concerned about "national security" as he claimed to be in his presser back in October, can he go before a GJ to obtain indictments against Libby and Cheney for these crimes?

Or, if that's outside of his "mandate" as the right loves to seem to bring up all the time, can he write up a report and refer it to the criminal division of the DoJ for them to prosecute?  Or can our Congresscritters demand the appointment of another special prosecutor to look into this leaking of intelligence (or at least give Fitzgerald the mandate to do so)?

I mean, I cannot believe that these kind of revelations would be allowed to stand without some sort of an investigation.  Otherwise, what's the point of having classified information at all, if the VP thinks he can burn it any time he wishes?

by viget on Thu Apr 6th, 2006 at 07:38:01 PM EST
Putting aside the fundamental point that there's no real reason to believe Libby's assertions are truthful, it strikes me that someone could suceeed in getting Bush the imbecile to understand this simple fact; to wit;

Libby and Cheney have conspired to blame you, Mr. President, for their own criminal release of classified intel, and in doing so, have made you appear to be a liar to the public and to have been directly complicit yourself in the illegal disclosure of CIA agent Valerie Plame's identity. They've taken advantage of and betrayed your trust and made you look the liar and the fool.

If Bush could be steered to understand this blatant scam by Cheney and his loyal foot-soldier to foist blame upon him for these crimes, I think his "Petulant Highness" Bush would really go ballistic. (After all, nothing makes an aggressive imbecillic narcissist like Bush more angry than to humiliate him by making him look like he's been betrayed, embarassed and taken advantage of.)

I'm not overly optimistic, but I do hope that those who are working to depose the neocons from power in this Bush regime will pick up on this meme and run with it. I'd like to think the media would work it too, but I think they're not yet liberated enough from neocon threats and intimidation to do so.

Denial is our most dangerous adversary.

by sbj on Thu Apr 6th, 2006 at 07:43:30 PM EST
It's interesting that Fitzgerald has only referenced officials that will not be part of his prosecution of Libby. Whether they remain subjects or not, he has put forth a very compelling time-line which may be extremely important at some time in the, hopefully near, future.

This looks like very good lawyering to me and appears to be indicative of the fact/hope that he has a great deal more knowledge of this affair and it's corollary's than have been previously acknowledged.

Fitz may not be moving as quickly as many would like, but when he moves it's very solidly based in law. He's good, and I think he's also pissed...the wheels of justice, as well as Karma, move in slow and sometimes mysterious ways.

Peace

the revolution will not be televised...

by dada on Thu Apr 6th, 2006 at 07:43:34 PM EST
just f'ing brilliant. He doesn't really need this info but puts it out there for the public to see and draw their own conclusions. he must hate BushCo as much as we do. Gotta love it.

Frodo failed...Bush has got the ring.
by alohaleezy on Thu Apr 6th, 2006 at 07:23:51 PM EST
well, actually he was using it to rebut an argument by Team Libby that they needed a whole boatload of documents in order to provide "context" to Libby's defense.  

His response was basically, what the hell do documents from other government agencies provide in the way of context if the whole context took place in the office of the VP?  And you (Libby) have already received all the documents from the office of the VP from me.  The rest you don't need.

It's just not completely clear to me if he needed to go into as much detail as he did to make that point.  But I'm sure the prosecutor/defense counsel bloggers will give us an analysis on that.

by maryb2004 on Thu Apr 6th, 2006 at 07:28:44 PM EST
[ Parent ]
Thanks Boo! great summary. Now combining this post with Kos's post discussing censure- does anyone still think that "censure" is what is called for? Lets be serious - censure doesn't even scratch the surface. We are difinitely talking Impeachment! Yup- not a doubt. Look at the whole picture. If there are doubts, just check out the Boos' compilation, Then simply spend an hour skimming what else is out there and then tell me that this piece of garbage shouldn't be immediatly removed from office. iT IS A NO BRAINER!
             BILLJPA
by billjpa (billjpa@aol.com) on Thu Apr 6th, 2006 at 08:20:05 PM EST
Does censure preclude impeachment?  Saying "impeachment only" means that the Senate has to wait for the House to act before it can weigh in on the Administration's lawbreaking.

I'm guessing that this site has seen this discussion before.

I don't yet post enough here to warrant a signature.

by Major Danby (senecadoane at lycos period com) on Fri Apr 7th, 2006 at 08:10:53 PM EST
[ Parent ]
Excellent Bro. Boo, upper deck!
by dabobbo on Thu Apr 6th, 2006 at 08:24:48 PM EST
I love a mystery!

Here are my guesses.

by catnip (llamg88 at hotmail.com) on Thu Apr 6th, 2006 at 09:44:04 PM EST
One question is who's lying? Libby is not charged with leaking but with lying to investigators and the relevance of the current assertions to that charge is not clear to me. So I'm not sure whether it matters whether Libby was or was not authorized and whether the authorization was valid. (But if it does matter, it would be interesting to know the effective date of the president's revised executive order giving the vice president declassification authority.) Anyway, I suspect that Fitz will not be pushing this avenue of inquiry to a conclusion.

That's too bad since it really shows these clowns in their true light.

by hcm on Thu Apr 6th, 2006 at 09:45:25 PM EST
it would be interesting to know the effective date of the president's revised executive order giving the vice president declassification authority

March, 2003

by catnip (llamg88 at hotmail.com) on Thu Apr 6th, 2006 at 11:34:36 PM EST
[ Parent ]
quaking aspens?  When did that meeting occur with Cheney out there in Colorado?

Grandma Jo
by glitterscale (glitteryscale@yahoo.com) on Thu Apr 6th, 2006 at 10:34:22 PM EST
In answer, I told the grand jury about my last encounter with Mr. Libby. It came in August 2003, shortly after I attended a conference on national security issues held in Aspen, Colo. After the conference, I traveled to Jackson Hole, Wyo. At a rodeo one afternoon, a man in jeans, a cowboy hat and sunglasses approached me. He asked me how the Aspen conference had gone. I had no idea who he was.
"Judy," he said. "It's Scooter Libby."
by BooMan on Thu Apr 6th, 2006 at 10:45:03 PM EST
[ Parent ]
I still guess that bolton gave it to the whig group and also to miller way early on.  Remember they had to fix the intel to fit the policy.  The conduit that bolton used is yet another piece of the puzzle.
by BrendaStewart (stormyweather1@hotmail.com) on Thu Apr 6th, 2006 at 10:40:46 PM EST
I, in my usual snarkiness, initially thought "OMG! Judy Miller wrote the NIE?"

Now, I'm not so sure I'm wrong. Was she intricately involved, or just a reporter?

--Don't ask others to do, what you are unwilling to do yourself.

by B Rubble (surf_redondo at yahoo.com) on Fri Apr 7th, 2006 at 04:20:53 PM EST
Boo,

Have you reread Rockefeller's Feb 16, 2006 letter to Negroponte lately? He wrote:

For conformation[sic] we need look no further than press reports from the past few days. On February 9th the National Journal reported that I. Lewis "Scooter" Libby told a grand jury that he was "authorized" by Vice President Cheney and other White House superiors to disclose classified
information from a National Intelligence Estimate to the press to defend the Administration's use of pre-war intelligence in making the case to go-to war
in Iraq.

This blatant abuse of intelligence information for political purposes is inexcusable, but all too common. Throughout the period leading up to the Iraq war the Administration selectively declassified or leaked information related to Iraq's acquisition of aluminum tubes, the alleged purchase uranium, the non-existent operational connection between Iraq and al Qaeda, and numerous other issues.

The leaks associated with the Iraq war were a continuation of a pattern of using classified material for political gain that began after the September
11 attacks. In his 2002 book, Bush at War, Bob Woodward described almost unfettered access to classified material of the most sensitive nature.
According to his account he was provided information related to sources and methods, extremely sensitive covert actions, and foreign intelligence liaison
relationships. It is no wonder that, as Director Goss wrote, "because of the number of recent news reports discussing our relationships with other intelligence services, some of these critical partners have even infonned the C.I.A. that they are reconsidering their participation in some of our most important antiterrorism ventures."

I wrote both former Director of Central Intelligence (DCI) George Tenet and Acting DCI John McLaughlin seeking to determine what steps were being taken to address the appalling disclosures contained in Bush at
War. The only response I received was to indicate that the leaks had been authorized by the Administration.

by catnip (llamg88 at hotmail.com) on Sat Apr 8th, 2006 at 01:55:35 AM EST
THANK YOU, BOOMAN!!!!!

This is terrific.  I have been spreading the word on AOL message boards and I think my next step will be to use FAIR'S media contact page to get the MSM on this:

http://www.fair.org/index.php?page=111

by piniella (radamisto99@yahoo.com) on Tue Apr 11th, 2006 at 01:48:18 PM EST


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