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A CIA-Did-It Defense for Scooter in the
Plame Leak Case?
Yahoo News/The Nation
David Corn
September 30, 2005
When you already have a fall guy, use him--especially if he's a dead
man.
The news of the day in this scandal is that New York Times reporter Judith
Miller, who was imprisoned for refusing to cooperate with special prosecutor
Patrick Fitzgerald, is free. She and the Times cut a deal with Fitzgerald,
after Miller had served 12 weeks for being in contempt of court. Under this
arrangement, Miller agreed to testify before Fitzgerald's grand jury and to
hand over edited version of her notes.
This is not much of a noble denouement to Miller's crusade for the First
Amendment. Throughout this episode, she and her paper took what appeared to be
an absolutist position against cooperating with subpoena-wielding prosecutors
who yearn to poke around newsrooms--while other reporters accommodated
Fitzgerald. Now Miller and the Times have also elected to cooperate. But what
distinguishes her case is that it seems she went to jail because of a
mistake.
Upon her release, Miller declared she had been imprisoned because "a
journalist must respect a promise not to reveal the identity of a confidential
source." She added, "I am leaving jail today because my source has now
voluntarily and personally released me from my promise of confidentiality
regarding our conversations relating to the Wilson-Plame matter." This source
was Libby. But a lawyer for Libby, Joseph Tate, told The Washington Post on
Friday that a year ago he had informed Floyd Abrams, an attorney for Miller,
that Libby had waived confidentiality and that Miller was free to discuss her
chats with Libby. (The New York Times account of this--which presumably was
heavily lawyered--is rather convoluted; if you want to avoid a headache, stick
to the Post piece.) Only a few weeks ago, Tate said, he was contacted by Robert
Bennett, another Miller attorney, and was told that Miller had not accepted
Libby's waiver and was in jail protecting Libby. Tate claimed he and Libby were
"surprised to learn we had anything to do with her incarceration." The lawyers
for Libby and Miller arranged a phone call between the two, in which Libby
apparently assured Miller his year-old wavier was voluntary. Then she and the
Times negotiated a deal with Fitzgerald.
This suggests that Miller ended up going to jail due to a miscommunication.
Could she had avoided jail had the lawyers done a better job? Was she a martyr
because of a mistake? Her position now is the same as the other reporters who
are known to have cooperated with Fitzgerald: if the source waives protection,
then a reporter can talk. Her crusade is over.
But back to the fall guy. The end of this sub-plot has caused Libby's team
to leak his defense to the media. The Post quotes "a source familiar with
Libby's account of his conversations with Miller." The odds are that source is
Libby or his attorney. This super-secret source says that on July 8, 2003,
Miller and Libby talked. This was six days before columnist Bob Novak disclosed
the CIA identity of Valerie Wilson and two days after former Ambassador Joseph
Wilson wrote an explosive Times op-ed disclosing that his trip to Niger in
February 2002 had led him to conclude that President Bush had falsely claimed
that Iraq had sought weapons-grade uranium in Africa. In this conversation,
Miller asked Libby why Wilson had been sent on this mission by the CIA.
(Miller, whose prewar reporting had promoted the administration's case that
Iraq was loaded with WMDs, had a personal, as well as professional, interest in
Wilson's tale.) Libby, according to this source, told Miller that the White
House was, as the Post puts it, "working with the CIA to find out more about
Wilson's trip and how he was selected." Libby noted he had heard that Wilson's
wife had something to do with it but he did not know where she worked.
Four or five days later, according to the Libby-friendly source, Libby and
Miller spoke again. Now Libby knew more. He told Miller that Wilson's wife
worked at the CIA and had a role in sending Wilson to Niger. This source tells
the Post that Libby did not know her name or that she was an undercover officer
at the CIA. That latter point is crucial, for, under the Intelligence
Identities Protection Act, Fitzgerald can only prosecute Libby if Libby
disclosed information about a CIA officer whom he knew was a covert
employee.
Don't forget about DAVID CORN's BLOG at www.davidcorn.com. Read recent
postings on Howard Dean and the Roberts vote, politics-by-demonstration, Bill
Frist, a rightwing cat fight, Bush's photo-opping and other in-the-news
matters.
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