31. In or about March 2004, in the District of Columbia,
I. LEWIS LIBBY,
also known as “SCOOTER LIBBY,”
defendant herein, did knowingly and corruptly endeavor to influence, obstruct and impede the due
administration of justice, namely proceedings before Grand Jury 03-3, by misleading and deceiving
the grand jury as to when, and the manner and means by which, LIBBY acquired and subsequently
disclosed to the media information concerning the employment of Valerie Wilson by the CIA.

32. It was part of the corrupt endeavor that during his grand jury testimony, defendant
LIBBY made the following materially false and intentionally misleading statements and
representations, in substance, under oath:

a. When LIBBY spoke with Tim Russert of NBC News, on or about July 10,
2003:
i. Russert asked LIBBY if LIBBY knew that Wilson’s wife worked for
the CIA, and told LIBBY that all the reporters knew it; and
ii. At the time of this conversation, LIBBY was surprised to hear that
Wilson’s wife worked for the CIA;

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b. LIBBY advised Matthew Cooper of Time magazine on or about July 12, 2003,
that he had heard that other reporters were saying that Wilson’s wife worked for the CIA, and further
advised him that LIBBY did not know whether this assertion was true; and
c. LIBBY advised Judith Miller of the New York Times on or about July 12,
2003 that he had heard that other reporters were saying that Wilson’s wife worked for the CIA but
LIBBY did not know whether that assertion was true.

33. It was further part of the corrupt endeavor that at the time defendant LIBBY made
each of the above-described materially false and intentionally misleading statements and
representations to the grand jury, LIBBY was aware that they were false, in that:

a. When LIBBY spoke with Tim Russert of NBC News on or about July 10,
2003:

i. Russert did not ask LIBBY if LIBBY knew that Wilson’s wife
worked for the CIA, nor did he tell LIBBY that all the reporters knew
it; and
ii. At the time of this conversation, LIBBY was well aware that
Wilson’s wife worked at the CIA; in fact, LIBBY had participated in
multiple prior conversations concerning this topic, including on the
following occasions:

• In or about early June 2003, LIBBY learned from the Vice
President that Wilson’s wife worked for the CIA in the
Counterproliferation Division;
• On or about June 11, 2003, LIBBY was informed by a senior
CIA officer that Wilson’s wife was employed by the CIA and
that the idea of sending him to Niger originated with her;
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• On or about June 12, 2003, LIBBY was informed by the
Under Secretary of State that Wilson’s wife worked for the
CIA;
• On or about June 14, 2003, LIBBY discussed “Joe Wilson”
and “Valerie Wilson” with his CIA briefer, in the context of
Wilson’s trip to Niger;
• On or about June 23, 2003, LIBBY informed reporter Judith
Miller that Wilson’s wife might work at a bureau of the CIA;
• On or about July 7, 2003, LIBBY advised the White House
Press Secretary that Wilson’s wife worked for the CIA;
• In or about June or July 2003, and in no case later than on or
about July 8, 2003, LIBBY was advised by the Assistant to
the Vice President for Public Affairs that Wilson’s wife
worked for the CIA;
• On or about July 8, 2003, LIBBY advised reporter Judith
Miller of his belief that Wilson’s wife worked at the CIA; and
• On or about July 8, 2003, LIBBY had a discussion with the
Counsel to the Office of the Vice President concerning the
paperwork that would exist if a person who was sent on an
overseas trip by the CIA had a spouse who worked at the
CIA;

b. LIBBY did not advise Matthew Cooper, on or about July 12, 2003, that
LIBBY had heard other reporters were saying that Wilson’s wife worked for the CIA, nor did
LIBBY advise him that LIBBY did not know whether this assertion was true; rather, LIBBY
confirmed to Cooper, without qualification, that LIBBY had heard that Wilson’s wife worked at the
CIA; and
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c. LIBBY did not advise Judith Miller, on or about July 12, 2003, that LIBBY
had heard other reporters were saying that Wilson’s wife worked for the CIA, nor did LIBBY advise
her that LIBBY did not know whether this assertion was true;

21. On or about July 10 or July 11, 2003, LIBBY spoke to a senior official in the White
House (“Official A”) who advised LIBBY of a conversation Official A had earlier that week with
columnist Robert Novak in which Wilson’s wife was discussed as a CIA employee involved in
Wilson’s trip. LIBBY was advised by Official A that Novak would be writing a story about
Wilson’s wife.