Jurors hear audiotapes in Libby perjury trial

updated 7:40 p.m. ET Feb. 5, 2007

WASHINGTON - Special Prosecutor Patrick Fitzgerald, in tapes played Monday in the CIA leak trial, pressed Vice President Dick Cheney’s former chief of staff on whether Cheney had directed him to leak the identity of a CIA operative to reporters.

The audiotapes showed that Fitzgerald, just a month into his leak investigation, was asking pointed questions about the highest levels of government.

The first 90 minutes of audiotapes, recorded during the 2003 grand jury testimony of top Cheney aide I. Lewis “Scooter” Libby, were played for jurors in Libby’s perjury and obstruction trial. More than six hours of additional tapes were to be played Tuesday.

Fitzgerald began his questioning by determining what he already knew to be true — that Libby was not the source of syndicated columnist Robert Novak’s story revealing that the wife of an outspoken Bush administration critic worked for the CIA.

Almost immediately after that, however, Fitzgerald steered the discussion toward Cheney and how his office responded to the growing criticism from former Ambassador Joseph Wilson, who claimed to have led a fact-finding mission that refuted some prewar intelligence on Iraq.

Offhand mention
Libby said Cheney mentioned in an offhand way in June of 2003 that Wilson’s wife, Valerie Plame, worked for the CIA. Fitzgerald asked whether Cheney was upset by the apparent “nepotism” in the fact Plame may have arranged the trip. Libby said he did not recall.

Fitzgerald also asked whether Cheney expected Libby to share that with reporters, specifically Walter Pincus of The Washington Post. Libby said he did not.

FREE VIDEO Jury hears Libby grand jury tapes Feb. 5: The jury in the perjury trial of Lewis "Scooter" Libby hears from Libby himself — on tape. Hardball's David Shuster reports. MSNBC

Fitzgerald asked four times and in four different ways whether Libby could be absolutely sure he did not disclose the information to Pincus. Pincus never revealed Plame’s identity.

“The vice president obviously thought it was important enough to share with you or interesting enough to color the background, correct?” Fitzgerald said.

“Yes,” Libby replied.

Fitzgerald never brought a leak charge. Libby, who is accused of lying about his conversations with reporters regarding Plame, is the only person charged in the case.

Public will have access to audio
The tapes, which will be publicly released and broadcast once the trial jury finishes hearing them, form the basis for three of the five criminal charges against Libby, who is accused of perjury, obstruction and lying to the FBI.

Libby is charged with lying about how he learned of the CIA identity of the wife of Bush administration critic Joseph Wilson and what he told reporters about it.

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