I’m not going to burden the reader with names of people who were asked but declined to be interviewed, with the exception of the four major characters themselves. Through their lawyers, Martha Stewart, Scooter Libby, Barry Bonds, and Bernard Madoff declined to be interviewed. Their reliability as sources would have been compromised in any event, for obvious reasons.
Following are published sources on which I relied:
INTRODUCTION
xiii Perjury in the common law: William Blackstone,
Commentaries on the Laws of England,
vol. 4 (Oxford Press, originally published 1769).
xiii–xiv Perjury in the U.S.: Jessica Fischweicher, “Perjury,”
American Criminal Law Review,
spring 2008; Charles Doyle, “Perjury Under Federal Law,”
CRS Report for Congress,
December 27, 2007.
xv Former president Bill Clinton’s false statements: Ken Gormley,
The Death of American Virtue
(Crown, 2010).
PART ONE: MARTHA STEWART
Legal Documents
United States of America v. Martha Stewart and Peter Bacanovic
, 03 Cr. 717 (MGC).
Indictment.
Trial transcript.
Government exhibits 6, 52, 53, 54, 130, 131, 206, 81, 78, 33, 38, 40, 125.
Government exhibit 285-A, SEC transcript, Peter Bacanovic testimony, File No. NY-6971.
Securities and Exchange Commission v. Samuel D. Waksal and Jack Waksal,
02 Civ. 4407 (NRB) Second Amended Complaint.
United States of America v. Samuel Waksal,
Indictment 02 Cr. 01041 and related docket entries.
8
From humble beginnings:
Christopher M. Byron,
Martha Inc.: The Incredible Story of Martha Stewart Living Omnimedia
( Wiley, 2002).
9
bizarre ethical lapses:
Geeta Anand, Jenny Markon, and Chris Adams, “Biotech Bust: ImClone’s ex-CEO Arrested, Charged with Insider Trading,”
Wall Street Journal
, June 13, 2002; Andrew Pollack, “For ImClone Drug Entrepreneur, a Past of Celebrity and Notoriety,”
New York Times
, January 24, 2002; Geeta Anand, “Four Prestigious Labs Ousted Waksal for Questionable Work,”
Wall Street Journal
, September 27, 2002.
10
development of Erbitux:
Catherine Arnst, “The Birth of a Cancer Drug,”
BusinessWeek,
July 9, 2001.
13 Martha Stewart homes: James T. Madore, “Stewart’s Lucrative Living,”
Newsday,
July 3, 2002.
14
Stewart could be rude:
Christopher M. Byron,
Martha Inc.
(Wiley, 2002); Jerry Oppenheimer,
Martha Stewart: Just Desserts: The Unauthorized Biography
(Morrow, 1997).
18
“Isn’t it nice . . .”:
Mariana Pasternak,
The Best of Friends: Martha and Me
(Harper, 2010).
29 The article Peikin read: Andrew Pollack, “House Panel to Investigate a Cancer Drug and Its Maker,”
New York Times
, January 19, 2002.
55 Martha Stewart’s sale of ImClone shares: Theresa Agovino, “Subpoenas Issued in ImClone Case,” Associated Press, June 6, 2002; Chris Adams and Geeta Anand, “Martha Stewart Sold ImClone Shares–Timing Raises Questions, but There Is No Indication She Knew of FDA’s Decision,”
Wall Street Journal
, June 6, 2002.
76
Faneuil was a “jittery Judas”:
Christopher Mason, “The Loyalist,”
New York,
May 15, 2004.
78
“I have made terrible mistakes”:
Constance L. Hays, “Ex-ImClone Chief Admits Some U.S. Charges,”
New York Times
, October 16, 2002.
78
magnums of Château Lafite Rothschild:
Robert Kolker, “Sam Waksal Was Right All Along,”
New York,
March 23, 2009.
114
“I have done nothing wrong”:
Reuters, “The Martha Stewart Trial: A Message from Martha Gets a Quick Wording Change,” March 6, 2004.
114 Jurors appear on
Dateline NBC:
“Profile: Martha Stewart. After the Verdict; Martha Stewart Jurors Discuss Her Trial and Their Verdict,” NBC News,
Dateline NBC,
March 7, 2004.
115 Deletion from Martha Stewart’s letter to the judge: Constance L. Hays, “Five Months in Jail, and Stewart Vows, ‘I’ll Be Back,’ ”
New York Times
, July 17, 2004.
116
“I’ll be back”:
Brooke A. Masters, “Martha Stewart Sentenced to 5 Years in Prison,”
Washington Post,
June 16, 2004; “The Verdict on Martha,” CNN transcript, Associated Press, July 16, 2004.
116 Bacanovic sentencing: Erin McClam, “Bacanovic’s Life Ruined, His Lawyer Says at Sentencing,” Associated Press, July 16, 2004.
116 Stewart discusses her trial, sentencing, and future:
20/20
, ABC News transcript of interview by Barbara Walters, July 16, 2004.
117 Pasternak’s relationship with Stewart after the trial: Pasternak,
The Best of Friends: Martha and Me
.
118 Stewart’s life in prison: Laurie P. Cohen, “Captive Audience: In Federal Prison, Stewart Caters to a New Crowd,”
Wall Street Journal
, March 3, 2005.
119 Bacanovic’s relationship with Stewart after the trial: Landon Thomas Jr., “The Broker Who Fell to Earth; She Came Roaring Back; He Is Quietly Roaring,”
New York Times
, October 13, 2006.
120 Bacanovic’s fate at Fred Leighton: Lindsay Pollock and Philip Boroff, “Jeweler Esmerian Fights Merrill to Stop Reckless NY Auction,” Bloomberg, April 14, 2008.
In addition to the transcripts, in describing the Stewart trial I relied on Henry Blodget, “Dispatches from the Martha Stewart Trial,”
Slate,
November 20–December 23, 2003; January 26–February 20, 2004.
PART TWO: I. LEWIS “SCOOTE R” LIBBY
Legal Documents
United States of America v. I. Lewis Libby
, 2005-cr-00394-RBW.
Indictment.
Trial transcript.
I. Lewis Libby, grand jury testimony transcript, March 5 and 24, 2004.
Government’s sentencing memorandum.
Various exhibits including government exhibits 10, 50, 51, 104, 401, 532, 540.
Transcript of Bob Woodward and Richard Armitage conversation, Defense Exhibit DX511.
FBI Memorandum of Interview, Richard B. Cheney, May 8, 2004.
Other Court Documents
In Re: Grand Jury Subpoena, Judith Miller, United States District Court for the District of Columbia, No. 04-3138, consolidated with 04-3139, 04-3140, Appeals from the United States District Court for the District of Columbia.
Affidavit of Patrick J. Fitzgerald, August 27, 2004, Case No.: 04-3138.
Affidavit of Patrick J. Fitzgerald, November 18, 2005, Case No.: 05-cr-00394-RBW.
Books and Articles
In addition to testifying, many participants in the Libby case wrote books describing their involvement, which I have used in many cases to describe their thoughts, reactions, and statements. These include:
Ari Fleischer,
Taking Heat: The President, the Press, and My Years in the White House
(HarperCollins, 2005).
Scott McClellan,
What Happened: Inside the Bush White House and Washington’s Culture of Deception
(PublicAffairs, 2008).
Robert Novak,
The Prince of Darkness
(Crown Forum, July 2007).
Karl Rove,
Courage and Consequence
(Threshold Editions, Simon & Schuster, 2010).
Joseph Wilson,
The Politics of Truth
(Carroll & Graf, 2004).
Valerie Plame Wilson,
Fair Game
(Simon & Schuster, 2007).
124 Text of President Bush’s 2003 State of the Union address:
Washington Post
, January 28, 2003.
125 Full text of Powell speech to UN: “A Policy of Evasion and Deception,”
Washington Post
, February 5, 2003.
126
I’m told by a person:
Nicholas Kristof, “Missing in Action: Truth,”
New York Times
, May 6, 2003.
130
documents were forged:
Seymour Hersh, “Who Lied to Whom?”
New Yorker,
March 31, 2003.
131
“extremely sloppy”:
Walter Pincus, “CIA Did Not Share Doubt on Iraq Data,”
Washington Post
, June 12, 2003.
132
“I don’t believe”:
Nicholas Kristof, “White House in Denial,”
New York Times
, June 13, 2003.
132
New Republic
article: Spencer Ackerman and John B. Judis, “The First Casualty,”
New Republic,
June 19, 2003.
135–38 Novak and Wilson on
Meet the Press:
Novak,
The Prince of Darkness
; Wilson,
The Politics of Truth
.
137–38 Joe Wilson with Andrea Mitchell:
Meet the Press
transcript, July 6, 2003;
Hardball
transcript, MSNBC, July 8, 2003.
140–41 Fleischer’s reactions: Fleischer,
Taking Heat
.
144
“Let me be clear about”:
Statement by George J. Tenet, director of Central Intelligence, CIA Press Release, July 11, 2003.
147 The CIA’s decision: Robert Novak, “Mission to Niger,”
Washington Post
via Creators Syndicate, July 14, 2003.
148
In the avalanche:
Matt Cooper, “Follow the Yellowcake Road,”
Time,
July 9, 2003; and “A War on Wilson?” July 17, 2003.
149
It took two
Newsday
reporters:
Timothy Phelps and Knut Royce, “Columnist Blows CIA Agent’s Cover,”
Newsday,
July 22, 2003.
150
Congress called for an inquiry:
“Iraq Intelligence–Public Forum,” transcript, Joseph Wilson et al., Pacific Views, August 21, 2003; Wilson,
The Politics of Truth
.
152
At Cheney’s behest:
McClellan,
What Happened
.
152
“2 Disclaim Leaking Name of Operative”: New York Times
, October 4, 2003.
153 Bush comments on CIA leak: “Remarks Following a Meeting with Business Leaders and an Exchange with Reporters in Chicago,” George W. Bush, Weekly Compilation of Presidential Documents, WCPD, September 30, 2003.
155
On September 28:
Mike Allen and Dana Priest, “Bush Administration Is Focus of Inquiry,”
Washington Post
, September 28, 2003.
156
The next day:
“Investigating Leaks,”
New York Times
editorial, October 2, 2003.
163–66 Rove’s recollections: Rove,
Courage and Consequence
.
182
When Novak arrived:
Novak,
Prince of Darkness
.
210
contracts contrary to public policy:
William Lawrence Clark,
Handbook of the Law of Contracts
(Cornell University, 1914).
211
“The law can’t distinguish”:
Tom Scocca, “
Times’
s Judy Miller, in Contempt, Says She Won’t Budge,”
New York Observer,
February 18, 2007.
212 Pearlstine recollections: Norman Pearlstine,
Off the Record
(Farrar, Straus and Giroux, 2007).
212 Cooper’s decision to testify: Matt Cooper, “Valerie, Scooter and Me,”
Portfolio
, April 16, 2007.
213
The spectacle of a
New York Times
reporter:
Adam Liptak, “Reporter Jailed After Refusing to Name Source,”
New York Times
, July 7, 2005.
215
Miller might have taken a courageous stand:
Carol D. Leonnig, “Jailed Reporter Is Distanced from News, not Elite Visitors,”
Washington Post
, September 17, 2005; Cindy Adams, “Judith Miller’s Survival Guide,”
New York Post,
2005.
217
The call lasted ten minutes:
Judith Miller, “My Four Hours Testifying in the Federal Grand Jury Room,”
New York Times
, October 16, 2005.
219
“The real winner”:
Jack Shafer, “The Case for Patrick Fitzgerald,”
Slate,
March 13, 2007.
223
Fitzgerald stepped to the podium:
“Transcript of Special Counsel Fitzgerald’s Press Conference,” courtesy of FDCH e-MEDIA,
Washington Post
, October 28, 2005.