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Posts on “Valerie Plame: June 2008” in June 2008

DOJ Cites Exec. Privilege; Rejects Clinton Precedent in Revealing Documents

As we mentioned earlier today, House Oversight's subpoenas for Bush and Cheney's interview records from DOJ Special Counsel Patrick Fitzgerald's inquiry into the Valerie Plame leak case were rebuffed by the Justice Department.

Since then, we've obtained a copy of the letter dated June 24 that the Justice Department sent to Congress, declining to comply with the subpoena.

Their reasons? The ever-ready assertion of executive privilege because the write ups of the FBI interviews with White House officials during the Plame leak investigation contain accounts of of internal White House deliberations, including those involving how to respond to the fallout from the infamous 16 words on Niger yellowcake in the President's 2003 State of the Union address:

However, these reports also contain considerable information detailing the internal White House deliberations and communications of senior White House staff concerning how they should respond on behalf of the President to public assertions challenging the accuracy of a statement made in the President's State of the Union Address.

The DOJ was also concerned that by releasing their interview records with Bush and Cheney, they would create a disincentive for future voluntary interviews from the executive branch. . . despite the fact that it's all been done before. In 1999, the FBI surrendered interview records of former President Bill Clinton and former Vice-President Al Gore:

We are aware that in 1999 the Department made available to this Committee the FBI reports of interviews with President Clinton and Vice President Gore that were taken during the Department's campaign finance investigation. We consider that situation to be fundamentally different from the present situation. We understand that the intrusion on Executive Branch confidentiality interests was significantly less because the Clinton Administration interview reports presumably did not involve the substance of internal White House deliberations and communications concerning official White House business, but rather concerned campaign-fundraising political activities.

The full text of the letter, after the jump.

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DOJ to Oversight: DENIED

Two weeks ago, Chairman Henry Waxman (D-CA) of the House Oversight and Government Reform Committee issued subpoenas for FBI paperwork regarding interviews with President Bush and Vice President Dick Cheney on the outing of CIA operative Valerie Plame.

And now the Justice Department has responded: Think again, Henry.

In the latest subpoena denial from the administration, Attorney General Mukasey informed the Committee that it will not be issuing documents to comply with the congressionally issued subpoena.

But Waxman is giving them one last chance. In a letter to Special Counsel Patrick Fitzgerald on Friday, he informed Fitzgerald that the DOJ has until July 3rd to release the requested documents.


McClellan Testimony Underway

Scott McClellan's testimony is underway before the House Judiciary Committee.

He was asked early on about President Bush's involvement in the leak of CIA operative Valerie Plame's identity.

"I do not think the president in any way had knowledge of it," McClellan said.

Also, we heard he got a $75,000 advance for the book.

Read more for the text of his opening statement.

Late Update: The Judiciary Committee recessed for the House debate on the compromise bill on the federal wiretapping law. That debate is underway and will last one hour.

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Bush, Cheney's FBI Interviews Subpoenaed

At first Rep. Henry Waxman asked politely.

But today the chairman of the House Government Oversight and Reform Committee issued subpoenas for the FBI's paperwork stemming from interviews of Vice President Cheney and President Bush regarding the outing of covert CIA agent Valerie Plame Wilson.

What are the odds Attorney General Michael Mukasey turns them over?

Meanwhile, we can expect former White House press secretary Scott McClellan to be on Capital Hill testifying about the same matter on Friday.

Congress Watchdog Wants Documents from Bush, Cheney Interviews.

It's been several years since President Bush, Cheney and others sat down with investigators to talk about who leaked the cover of CIA operative Valerie Plame.

And Congress is still trying to find out what they said.

In the wake of former White House press secretary Scott McClellan's book published this week, Rep. Henry Waxman (D-CA), chairman of the House Committee on Oversight and Government Reform, is reiterating his request for access to documents related to those interviews.

Waxman writes a letter today to Attorney General Michael B. Mukasey:

New revelations by fonner White House Press Secretary Scott McClellan raise additional questions about the actions of the President and the Vice President. Mr. McClellan has stated that "[t]he President and Vice President directed me to go out there and exonerate Scooter Libby." He has also asserted that "the top White House officials who knew the truthincluding Rove, Libby, and possibly Vice President Cheney - allowed me, even encouraged me, to repeat a lie." It would be a major breach of trust if the Vice President personally directed Mr. McClellan to mislead the public. ... The Committee is conducting an important investigation to answer questions that Mr. Fitzgerald's criminal inquiry did not address. As I explained at the Committee's hearing last year, the purpose of the Committee's investigation is to examine:

(1) How did such a serious violation of our national security occur?
(2) Did the White House take appropriate investigative and disciplinary steps after the breach occurred?
And
(3) what changes in White House security procedures are necessary to prevent future violations of our national security from occurring?


Read more for the complete text of the letter.

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