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39–006 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

2005

109–234 

DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES NOT 

LATER THAN 14 DAYS AFTER THE DATE OF THE 

ADOPTION OF THIS RESOLUTION DOCUMENTS IN 

THE POSSESSION OF THE SECRETARY OF DEFENSE 

RELATING TO THE DISCLOSURE OF THE IDENTITY 

AND EMPLOYMENT OF MS. VALERIE PLAME 

ADVERSE REPORT 

OF THE

COMMITTEE ON ARMED SERVICES 

HOUSE OF REPRESENTATIVES 

ON

H. RES. 417 

SEPTEMBER 22, 2005.—Referred to the House Calendar and ordered to 

be printed 


congress.#13
(II) 

HOUSE COMMITTEE ON ARMED SERVICES 

ONE HUNDRED NINTH CONGRESS

DUNCAN HUNTER, California, Chairman 

CURT WELDON, Pennsylvania 

JOEL HEFLEY, Colorado 

JIM SAXTON, New Jersey 

JOHN M. MCHUGH, New York 

TERRY EVERETT, Alabama 

ROSCOE G. BARTLETT, Maryland 

HOWARD P. ‘‘BUCK’’ MCKEON, California 

MAC THORNBERRY, Texas 

JOHN N. HOSTETTLER, Indiana 

WALTER B. JONES, North Carolina 

JIM RYUN, Kansas 

JIM GIBBONS, Nevada 

ROBIN HAYES, North Carolina 

KEN CALVERT, California 

ROB SIMMONS, Connecticut 

JO ANN DAVIS, Virginia 

W. TODD AKIN, Missouri 

J. RANDY FORBES, Virginia 

JEFF MILLER, Florida 

JOE WILSON, South Carolina 

FRANK A. LOBIONDO, New Jersey 

JEB BRADLEY, New Hampshire 

MICHAEL TURNER, Ohio 

JOHN KLINE, Minnesota 

CANDICE S. MILLER, Michigan 

MIKE ROGERS, Alabama 

TRENT FRANKS, Arizona 

BILL SHUSTER, Pennsylvania 

THELMA DRAKE, Virginia 

JOE SCHWARZ, Michigan 

CATHY MCMORRIS, Washington 

MICHAEL CONAWAY, Texas 

GEOFF DAVIS, Kentucky 

IKE SKELTON, Missouri 

JOHN SPRATT, South Carolina 

SOLOMON P. ORTIZ, Texas 

LANE EVANS, Illinois 

GENE TAYLOR, Mississippi 

NEIL ABERCROMBIE, Hawaii 

MARTY MEEHAN, Massachusetts 

SILVESTRE REYES, Texas 

VIC SNYDER, Arkansas 

ADAM SMITH, Washington 

LORETTA SANCHEZ, California 

MIKE MCINTYRE, North Carolina 

ELLEN O. TAUSCHER, California 

ROBERT A. BRADY, Pennsylvania 

ROBERT ANDREWS, New Jersey 

SUSAN A. DAVIS, California 

JAMES R. LANGEVIN, Rhode Island 

STEVE ISRAEL, New York 

RICK LARSEN, Washington 

JIM COOPER, Tennessee 

JIM MARSHALL, Georgia 

KENDRICK B. MEEK, Florida 

MADELEINE Z. BORDALLO, Guam 

TIM RYAN, Ohio 

MARK UDALL, Colorado 

G.K. BUTTERFIELD, North Carolina 

CYNTHIA MCKINNEY, Georgia 

DAN BOREN, Oklahoma 

ROBERT L. SIMMONS, Staff Director 

(III) 

C O N T E N T S 

Page 

Purpose and Summary ............................................................................................ 1 

Background .............................................................................................................. 2 

Executive Communication ...................................................................................... 4 

Legislative History .................................................................................................. 4 

Committee Position ................................................................................................. 5 

Committee Cost Estimate ....................................................................................... 5 

Oversight Findings .................................................................................................. 5 

Constitutional Authority Statement ...................................................................... 5 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–234 

DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO THE HOUSE 

OF REPRESENTATIVES NOT LATER THAN 14 DAYS AFTER THE DATE OF 

THE ADOPTION OF THIS RESOLUTION DOCUMENTS IN THE POSSESSION 

OF THE SECRETARY OF DEFENSE RELATING TO THE DISCLOSURE OF 

THE IDENTITY AND EMPLOYMENT OF MS. VALERIE PLAME 

SEPTEMBER 22, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. HUNTER, from the Committee on Armed Services, 

submitted the following 

ADVERSE REPORT 

[To accompany H. Res. 417] 

The Committee on Armed Services, to whom was referred the 

resolution (H. Res. 417) directing the Secretary of Defense to transmit to the House of Representatives not later than 14 days after 

the date of the adoption of this resolution documents in the possession of the Secretary of Defense relating to the disclosure of the 

identity and employment of Ms. Valerie Plame, having considered 

the same, report unfavorably thereon without amendment and recommend that the resolution not be agreed to. 

PURPOSE AND SUMMARY 

House Resolution 417, introduced on July 29, 2005, by Congressman Rush Holt, directs the Secretary of Defense to transmit to the 

House of Representatives not later than 14 days after the date of 

the adoption of the resolution all documents including telephone 

and electronic mail records, logs and calendars, personnel records, 

and records of internal discussions in his possession relating to the 

disclosure of Ms. Valerie Plame as an employee of the Central Intelligence Agency during the period beginning May 6, 2003, and 

ending on July 31, 2003. 

Clause 7 of rule XIII of the Rules of the House of Representatives 

provides for a committee to report on a qualifying resolution of inquiry, such as H. Res. 417, within 14 legislative days or a privileged motion to discharge the committee is in order. H. Res. 417 

was introduced and referred to the Armed Services Committee on 

July 29, 2005. 

Under the rules and precedents of the House, a resolution of inquiry is one of the means by which the House may request information from the head of one of the executive departments. It is a 

2 

1 Robert Novak, ‘‘The Mission to Niger,’’ Chicago Sun-Times, 14 July 2003, Editorial section, 

p. 31. 2 Robert Novak, ‘‘Columnist Wasn’t Pawn for Leak,’’ Chicago Sun-Times, 1 October 2003, Editorial section, p. 49. 

simple resolution making a demand of the head of an executive department to furnish the House of Representatives with specific information in the possession of the executive branch. It is not used 

to request opinions or to require an investigation on a subject. 

BACKGROUND 

On July 14, 2003, syndicated columnist Robert Novak wrote a 

column questioning why Ambassador Joseph Wilson, described as 

a senior Clinton Administration official, had been tasked with gathering information for the Bush Administration. Novak wrote, ‘‘Wilson never worked for the CIA, but his wife, Valerie Plame, is an 

agency operative on weapons of mass destruction. Two senior administration officials told me his wife suggested sending Wilson to 

Niger to investigate the Italian report. The CIA says its counterproliferation officials selected Wilson and asked his wife to contact 

him.’’ 1 Novak refused to identify his sources publicly, but added 

additional detail about how he had learned of Plame’s employment 

in an October 1, 2003 column: 

During a long conversation with a senior administration 

official, I asked why Wilson was assigned the mission to 

Niger. He said Wilson had been sent by the CIA’s 

counterproliferation section at the suggestion of one of its 

employees, his wife. It was an offhand revelation from this 

official, who is no partisan gunslinger. When I called another official for confirmation, he said: ‘‘Oh, you know 

about it.’’ 2

According to press reports, the CIA referred the matter of the 

leak of Plame’s CIA status to the Department of Justice after 

Novak’s July column. The possibility existed that the revelation of 

Plame’s employment status with the Central Intelligence Agency 

was a violation of the Intelligence Identities Protection Act of 1982 

(50 U.S.C. §421). Section 421(a) provides: 

Whoever, having or having had authorized access to 

classified information that identifies a covert agent, intentionally discloses any information identifying such covert 

agent to any individual not authorized to receive classified 

information, knowing that the information disclosed so 

identifies such covert agent and that the United States is 

taking affirmative measures to conceal such covert agent’s 

intelligence relationship to the United States (shall be 

punished) 

Section 426(4)(A) of the statute defines the term covert agent to 

mean: (1) a present officer or employee of an intelligence agency 

whose identity as such an officer, employee, or member is classified 

information and (2) who is serving outside the United States or has 

within the last five years served outside the United States. At this 

time, it is not clear whether Plame is, or was, a covert agent, nor 

is it clear whether Novak’s sources have, or had, access to classified 

information. Wilson confirmed his wife worked for the CIA in his 

2004 book, but most CIA employees are not covert agents. 

3 

According to press reports, the Department of Justice began an 

investigation in September 2003, which the White House spokesman confirmed on October 1, 2003. By that time, the Justice Department had contacted the White House and asked it to preserve 

and maintain documents under its control. On October 3, 2003, a 

White House spokesperson indicated that the Justice Department 

had asked the White House to produce certain, more specific materials as part of the investigation, including the kinds of materials 

that are the subject of H. Res. 417. 

On December 30, 2003, Attorney General John Ashcroft recused 

himself from the investigation to avoid an appearance of a conflict 

of interest. Prior to his recusal, the Attorney General, in discussions with Deputy Attorney General James Comey, concluded that 

it was appropriate to appoint a special counsel from outside the 

Justice Department’s normal chain of command to oversee the investigation. With Ashcroft’s recusal, the special counsel selection 

fell to Mr. Comey, who selected the U.S. Attorney for the Northern 

District of Illinois, Patrick Fitzgerald, as the special counsel. 

Comey simultaneously delegated all necessary authorities to Fitzgerald to continue the investigation. As a sitting U.S. Attorney, 

Fitzgerald’s investigatory authority exceeds that of a normal ‘‘special counsel.’’ He does not have to secure approval from the Attorney General in making his prosecutorial decisions and has all the 

investigatory tools normally available to a U.S. Attorney at his disposal, including the authority to interview witnesses, subpoena documents and testimony, and convene a grand jury. 

Attorney General Alberto Gonzalez, who succeeded Ashcroft, has 

also recused himself from the investigation. Gonzalez oversaw the 

White House response to requests from Fitzgerald investigators 

while he was White House counsel. With the departure of Deputy 

Attorney General Comey in August 2005, the Department of Justice announced that David Margolis, an associate deputy attorney 

general, would oversee the special counsel investigation. 

According to press reports, several journalists have testified before a grand jury pursuant to the Fitzgerald investigation. These 

reporters include Glenn Kessler and Walter Pincus of the Washington Post and Tim Russert of NBC. It is unclear if Novak has testified before the grand jury. The grand jury also sought testimony 

from Matthew Cooper of Time Magazine and Judith Miller of the 

New York Times. Both refused to discuss certain issues and were 

found to be in contempt of court in October 2004 by Chief Justice 

Thomas Hogan of the U.S. District Court for the District of Columbia. In addition, Time was also held in contempt for refusing to 

produce subpoenaed documents. Judge Hogan’s decision was 

upheld by the U.S. Court of Appeals for the District of Columbia 

in February 2005. On June 27, 2005, the Supreme Court declined 

to hear an appeal of that decision. Time agreed to produce the subpoenaed documents on July 1, 2005. Miller was jailed on July 6, 

2005. Cooper agreed at the last minute to comply with the court 

order to turn over his notes, e-mails and other documents, stating 

he had received a specific waiver from his source to do so. On July 

13, 2005, Cooper testified before the grand jury. 

In a submission to the United States District Court for the District of Columbia, dated June 28, 2005, Special Counsel Fitzgerald 

informed Judge Hogan, ‘‘[B]y fall 2004, the Special Counsel’s invesVerDate Aug 31 2005 07:00 Sep 23, 2005 Jkt 039006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR234.XXX HR234
4 

tigation was for all practical purposes complete except for the testimony of petitioners (Miller and Cooper).’’ In a letter dated September 19, 2005, Mr. William E. Moschella, the Assistant Attorney 

General for Legislative Affairs for the Department of Justice informed the committee, ‘‘Mr. Fitzgerald has advised that production 

at this time of the documents responsive to H. Res. 417 and . . . 

any attendant hearings, would interfere with his investigation. Accordingly, we request that the committee report adversely H. Res. 

417.’’

In light of the ongoing criminal investigation, the committee concluded that transmittal of the materials identified in H. Res. 417 

would undermine the investigation and possible criminal prosecution of any suspects believed to have committed a crime in the 

Plame matter. Therefore, the committee ordered the resolution to 

be reported adversely. 

EXECUTIVE COMMUNICATION 

DEPARTMENT OF JUSTICE, 

ASSISTANT ATTORNEY GENERAL, 

Washington, DC, September 19, 2005. 

Hon. DUNCAN HUNTER, 

Chairman, Committee on Armed Services, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: We are advised that the Committee plans 

to consider H. Res. 417, which is one of a series of Resolutions of 

Inquiry (House Resolutions 417–420) that, if agreed to, would direct the President, the Secretary of State, the Attorney General, 

and the Secretary of Defense to transmit to the House of Representatives all documents in their possession relating to the disclosure of the alleged identity of Ms. Valerie Plame as an employee 

of the Central Intelligence Agency. 

As you know, United States Attorney Patrick Fitzgerald has been 

appointed as Special Counsel to investigate this matter and his investigation is ongoing. Mr. Fitzgerald has advised that production 

at this time of the documents responsive to H. Res. 417 and the 

other Resolutions, and any attendant hearings, would interfere 

with his investigation. Accordingly, we request that the Committee 

report adversely H. Res. 417. 

Thank you for your consideration of our views. Please do not 

hesitate to contact this office if you would like additional information about this or any other matter. 

Sincerely, 

WILLIAM E. MOSCHELLA, 

Assistant Attorney General. 

LEGISLATIVE HISTORY 

As noted above, H. Res. 417 was introduced on July 29, 2005, 

and referred to the Committee on Armed Services. 

On September 20, 2005, the Committee on Armed Services held 

a mark-up session to consider H. Res. 417. The committee reported 

adversely the resolution by voice vote, a quorum being present. 

5 

COMMITTEE POSITION 

On September 20, 2005, the Committee on Armed Services met 

in open session and reported adversely the resolution H. Res. 417 

to the House by voice vote, a quorum being present. 

COMMITTEE COST ESTIMATE 

Pursuant to clause 3(d) of rule XIII of the Rules of the House of 

Representatives, the committee estimates the costs of implementing the resolution would be minimal. The Congressional Budget Office did not provide a cost estimate for the resolution. 

OVERSIGHT FINDINGS 

With respect to clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the committee reports that the findings 

and recommendations of the committee, based on oversight activities pursuant to clause 2(b)(1) of rule X, are incorporated in the descriptive portions of this report. 

With respect to clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives and section 308(a)(1) of the Congressional 

Budget Act of 1974, this legislation does not include any new 

spending or credit authority, nor does it provide for any increase 

or decrease in tax revenues or expenditures. 

With respect to clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, performance goals and objectives can not 

be explained, because the resolution does not require any new 

funding. 

CONSTITUTIONAL AUTHORITY STATEMENT 

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the committee finds that the rule does not 

apply because H. Res. 417 is not a bill or joint resolution that may 

be enacted into law. 

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