In today's presser, Scottie was asked "at what point was that considered to be a declassified document?" He refused to answer.
Jane Hamsher focused on that question: when, exactly was that portion of the NIE "declassified/not leaked" by the President.
One of her commenters, Kynandog, recalled the July 18, 2003, Briefing, by Scott McClellan (at the Wyndham Anatole Hotel in Dallas, Texas) which featured this exchange:
Q Scott, why did the administration put out all the information that the senior administration official put out today on the intel –
MR. McCLELLAN: No, well, we always want to share facts with the American people. And this information was just, as of today, officially declassified, and it was an opportunity to share with them some information that showed the clear and compelling case that we had for confronting the threat that Saddam Hussein posed.
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At page 7 of UNITED STATES OF AMERICA v I. LEWIS LIBBY is this:
"17. On or about the morning of July 8, 2003, LIBBY met with New York Times reporter Judith Miller. When the conversation turned to the subject of Joseph Wilson, LIBBY asked that the information LIBBY provided on the topic of Wilson be attributed to a “former Hill staffer” rather than to a “senior administration official,” as had been the understanding with respect to other information that LIBBY provided to Miller during this meeting. LIBBY thereafter discussed with Miller Wilson’s trip and criticized the CIA reporting concerning Wilson’s trip. During this discussion, LIBBY advised Miller of his belief that Wilson’s wife worked for the CIA.
and on page 8:
"23. On or about July 12, 2003, in the afternoon, LIBBY spoke by telephone to Cooper, who asked whether LIBBY had heard that Wilson’s wife was involved in sending Wilson on the trip to Niger. LIBBY confirmed to Cooper, without elaboration or qualification, that he had heard this information too.
24. On or about July 12, 2003, in the late afternoon, LIBBY spoke by telephone with Judith Miller of the New York Times and discussed Wilson’s wife, and that she worked at the CIA."
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So, gosh, I guess that means not only does President Bush have the authority to secretly declassify National Security documents, without adhering to any of those irritating formalized procedures, but he also has the astounding powers to rearrange the calendar so that July 18 happens before July 8. Because, well, otherwise, y'know like, there would appear to be a bit of a question of illegality in the matter.
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Jeralyn at Talk Left and digby raise a couple more rather noteworthy questions.
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