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DB Story didn't change in second interview. He had refreshed his memory with documents.

DB As he told us before, he said he had had a conversation about 6/12/2003.

Z Had you acquired Libby's notes by this time. Did you discuss note he referred to and showed you.

New exhibit. This also is marked "Treat as TS/SCI." 

DB [reading it] 6/12/03 with line over top. T=telephone, y=VP, regarding uranium and, Q means Iraq. Kristof, NYT. [Note, 12 is darker, as if written over]

DB next bullet point. Took place at our behest, functional office, CP, counterproliferation. Libby told us.  Just below CP, His wife works in that dvision. Was referring to Joe Wilson's wife. Debriefing took place here and was meeting in region. 

Z below that, 4 and then 1, 2, 3

DB 1 didn't know about mission, 2 didn't get report, 3 didn't have any indication of forgery was from iAEA. 4, OVP Defense and State expressed strong interest in issue. Arrow pointing to 4, VP: agency to say that.

Z Read that

DB I just did: VP was telling him–"hold get agency to answer that."

Z did he tell you about his memory

DB again Libby told us he had forgotten about this until he looked for it in October. First memory came from Russert.

3:32  

Z Ask him about Grenier

DB Libby told us, he had been trying to get ahold of DDCI, McLaughlin, in June 9 timeframe, When unable, he contacted Grenier. Told us he played phone tage. It might have had to do with Kristof article.

Z Did Wilson's wife come up with Grenier

DB No 

Z Lunch with Ari Fleischer?

DB  wanted to go to lunch with Fleischer since Ari was leaving next week, had lunch on July 7 at WH mess.

Z What they spoke about

DB Fleischer's future plans, Joe Wilson issue. Their mutual like of Miami Dolphin football team.

Z other than Fleischer's future plans anything else come up

DB Not that I recall

Z did you ask if the subject of Wilson's wife came up

DB We asked him, he adamantly denied knowing about Wilson's wife or discussing it.

Z How so sure

DB He didn't know that Wilson's wife worked at Agency until he talked to Russert on July 10 or 11.

Z Miller's July 8 conversation

DB Yes, again Libby told us he did not recall having that discussion with Miller.

Z Russert conversation

DB Yes. Repeats story about Hardball. Like Libby had told us before. Libby claimed that Russert brought up, issue about Wife. 

Z Libby say Russert said

DB Russert asked him whether or not he knew, and again Libby told us that he told Russert he did not know that. All the reporters knew that.

Z ground rules

DB He went off the record when he had this discussion.

Z How sure he was he learned it from Russert

DB He was sure he spoke to Russert and not any other reporter.

Z Subject of Mitchell come up again.

DB Basically the same as he said on 10/14

Z Opportunity to show him draft of 7/11 Tenet statement. Document you had obtained in previous 5 weeks.

Entering Tenet statement.

3:39

DB Fax cover sheet, from McLaughlin. (says unstasfactory)

DB dated 7/11, from DDCI, states, Steve, Here is our draft we plan to release at 1315 H. John McLaughlin 

Z Draft of Tenet statement?

DB It is but it came out later in the day, it might have been a draft. A version.

DB Unsatisfactory, underline. We asked Libby he said it looked like it could be VP but it also could be Hadley.

Z Whose production?

DB Coming from Deborah Heiden. Exec Asst to VP.

DB VP reaction to Tenet statement. They were not happy with statement.  It did not explain that VP did not send Joe Wilson.

Z Did Rove come up again

DB Libby told us he may have brought up conversation with Russert before Rove explained to him conversation with Novak.

Z Did you speak as well about trip to Norfolk? More about VP feelings about Wilson matter.

DB  They weren't satisfied with Tenet statement, wanted to get out to press that OVP did not send Wilson to Niger. 

Z VP mood?

DB frustrated and upset that press was still claiming that VP sent Wilson. When they [OVP] claim they didn't send him. 

Z Conversation on AF2?

DB Like he told us before, went to VP cabin. Some discussoin about whether they should report to press about Wilson's wife working for CIA.  

Z Conversation about Wilson's wife on AF2

DB After he spoke with Russert, he discussed with VP, not certain exactly when they discussed it. 

Z Did you ask whether they discussed making it public

DB They MAY have talked about it.

Z Tell you about what he said transpired once he landed at Edward AFB, did he tell you about Cooper.

DB Like he had told us previously, along with Mayfield and Martin, when he contacted Cooper, and read the statement, to Cooper. And Libby claimed after Cooper asked about Wilson he went off the record and told him the info being spread might not be true.

Z Who said.

DB I'm sorry, Mr Libby. Mr Libby then told us he told Cooper that reporters were telling admin that Wilson's wife worked at CIA, but he didn't know if that was true.

Z End of interview, did you ask Libby to sign waiver.

DB Yes,

Z What that waiver was

DB A Waiver we were showing to people and asking them to sign that would released confidentiality so reporters would talk to us. 

Z Before I finish waiver. Did you in fact on 11/26 302 other than talking about Cooper did you also talk

Fitz comes up and says something to Z

Z During the interview, go back to first interview. Did he tell you about conversation with Kessler. Did he tell you whether he got in touch with Kessler. Best of recollection about Kessler.

DB He talked to Kessler during the weekend. Kessler told him he was at the zoo.

10 minute break

3:49 

BTW, In the first interview, Libby said Rove said that his impression was that Novak already knew of Plame's ID.

Btw, now that I get a moment. Bond looks like she's late 40s, she's got a short haircut, with a streak of blond or gray. Her delivery is VERY no-nonsense. Barely any inflection. Towards the end, she was getting flustered with the nesting of pronouns. She is wearing a pick shirt under a gray jacket (it's a pants suit).

Libby left the room at the break, with his wife. There he is again.

Man, I'll say what I said when I saw the indictment. If Libby lied (innocent until proven and all that), couldn't he have at least told a decent story?!?!?!

Libby got up, said something to Wells. Wells, of course, had to bend down to hear him. I'm not sure I've seen Libby this active at break.

Bond sitting back in chair with a rock hard look on her face.  

Jury's back.

Z Before we detoured back to Glenn Kessler, I'll take you back to waiver. What that statement and waiver was.

DB Asking people to sign a waiver, we were trying to get them to waiver privilege between reporters and sources.

Z It was a blank form.

DB I think Eckenrode had put his name and my name, we gave it to Libby through Attorney.

New exhibit.

Z Highlights top portion.

I LSL have been advised by agents that they are conducting an investigation in possible disclosure in connection with Wilson, trip to Niger and matter relating thereto. I have informed FBI of my recollection of any communications with members of media. I hereby waive any promise of confidentiality made to me by any member of the media re the subject matters under investigation including on background, off the record, and not for attribution. I request any member of media to fully disclose. In particular I request that no member assert and privilege.  

Z Was this signed in your presence

DB No, it was after the date, 1/5/2004.

Z In January 2004, did a GJ begin investigating this case? Purpose of investigation,

DB gathering all the facts. In addition, we wanted to make sure the info we were receiving was truthful and accurate.

Wells up

W When did you start working on in

DB October 2003, worked under Eckenrode.

W Who was supervising Atty

DB Bruce Schwarz.  I don't know if I met any attorneys at that time, if not that day, then soon thereafter.

W Schwarz was supervising Atty.  Fitz was appointed when

DB End of December, early January

W First interview Feb 14, 2003

DB No

W I'm sorry. 10/14. It was a 2 hour

DB I thought 1/5 hour, but it could have been 2

W Libby sat down willingly

DB Yes, he volunteered, we came to his office.

W Asking about events that occurred in June july 2003. About 3 months or more after the events.

4:09

W Tate had made statement that Libby had not been able to refresh as he normally would have, no access to emails, no conversations with his staff.

DB I don't recall him making that exact statement. I do remember that before they wanted the ability to look at documents and we agreed to that.

W Do you recall at outset of interview before Libby  answered any questions that in substance Libby had not had ability to refresh his memory, no access to emails, limited access to documents.

DB I recall part of that, I do not recall all of that statement that he made.

W Communicated the substance.

DB The first part, I don't recall the last part. I remember not being able to look at documents. That's what I remember.

W They told you that at beginning of interview. Do you remember that Tate said Libby did his best to prepare for interview. Asked you to put in your report that it might be inaccurate.

DB I was taking notes of what LIbby said. But the substance. I don't recall him making him that statement. Just the part where he wanted to refresh memory more.

W Do you remember where he asked to include in 302 report that he had not been able to refresh memory.

DB No, I don't. I'm not saying it did not happen.  I tried to keep up.  I don't believe it's in my notes.

W Your notes don't reflect anything that Tate said. You do remember he made certain statements that Libby had not been able to refresh his recollectoin. Do you recall him making the following statement.

I have been a prosecutor, and Libby has worked with FBI, therefore please be cautious about his recollection.

DB I take notes as accurately as possible. I don't recall him saying that.  

W You didn't take any notes as to what Tate said. Your notes do not reflect what Tate said at the beginning.  Are you saying it was not made.

DB I recollect Tate making statements to us, but not exactly what he said.

W The thrust was that Libby had not refreshed his memory.

DB They wanted more time before he interviewed again.

W He said it right up front. 

DB We said we could come back after he refreshed his memory.

W You were asked questions about scope of investigation, you told him at beginning of interview that investigation involved possible disclosure WRT classified information. Regarding Wilson. Is it correct that your claim that you made such a statement is not reflected in your notes.

DB That's true.

W I'd like to show you G53. October 3 memo. 

4:17

W Had you seen that interview before Libby's interview.

DB No

W When did you see it. 

DB Maybe when we first got documents. I strated October 14

W Your first day on the job was the day of the interview. Schwarz was the leadinvestigator.  Dear ADD, thank you for your telephone call to Abu Gonzales regarding possible unauthorized disclosure of classified info in Newsday and Novak. He refers to two articles, one, Novak, and two, Newsday.

DB That's what it says.

W Next letter.  Who signs. Signed by Wray, AAG. Did you understand that Wray was head of Criminal Div.

DB I don't know if I knew that. I'm at the low level. He's way up there in DOJ. I knew that Swarz overseeing. Eckenrode had agents overseeing inevstigation. I've seen the name, I see that he's AAG, but personally I don't know that I knew that then.

W FBI agent for 19 years.

DB I don't normally memorize who's at DOJ. Unless I have a need to know their name. 

W Is it your testimony that having been agent for 19 years you did not know who was head of Criminal Div.

DB I would not have been able to tell you, but I would have been able to find out.

W Yellow pages

DB Blue pages (she looks away from him with disdain)

W reviews the terms of the letter–Nocvak and Newsday.

4:23  

W Is it fair to say Newsday fell by the wayside early in inevstigtaion.

DB We were asking about it.

W To your knowledge, Libby had no involvement with the Newsday article. Next letter. [Note, he didn't ask if Libby had anything to do with the Novak article.]

W Letter signed by Schwarz, to Deputy Counsel to Pres. Again focused on Novak and Newsday info. State the investigation concerned unauthorized disclosure of information. Both letters describe the scope of document request as broader than 1. 

DB If it's the same attachement we saw in here yesterday.

W Can you point to any document that Libby received prior to first interview that said the investigation involved possible disclosure to unauthorized persons in connection with Wilson, and matters relating thereto.

DB I don't know what Libby received, these were address to General Counsel's office.

W Do you know of any document.

DB Not that I have seen. But I didn't prepare any letters. I wasn't in a position to read all the letters that went to the WH.

W Your position was as FBI case agent who worked under Schwarz.

DB No, I was one of several other agents under inspections Div. The first couple of months we didn't have any details with anyone besides Eckenrode.  

W Mr Schwarz was the ultimate supervisor of the investigation

DB At that time.

W As one of the agents in the case. Would you attend every interview.  How would you keep track.

DB Discussions at meetings.

W Have you seen 302 from interview from Marc Grossman, that it concerned column by Novak.

DB I believe I've read it, I don't know when I read it.

New exhibit.

4:30