| Smart. Still in jug for a few months and then decide to blab. Real smart, must be a reporter. EFL. |
WASHINGTON, Sept. 29 - Judith Miller, the New York Times reporter who has been jailed since July 6 for refusing to testify in the C.I.A. leak case, was released from a Virginia detention center this afternoon after she and her lawyers reached an agreement with a federal prosecutor to testify before a grand jury investigating the matter, the paper's publisher and executive editor said.
Ms. Miller was freed after spending more than 12 weeks in jail, during which she refused to cooperate with the criminal inquiry. Her decision to testify came after she obtained what she described as a waiver offered "voluntarily and personally" by a source who said she was no longer bound by any pledge of confidentiality she had made to him. She said the source had made clear that he genuinely wanted her to testify.
That source was I. Lewis Libby, Vice President Dick Cheney's chief of staff, according to people who have been officially briefed on the case.
| Dang. Thought it was Rove. |
Ms. Miller met with Mr. Libby on July 8, 2003, and talked with him by telephone later that week. Discussions between government officials and journalists that week have been a central focus of the investigation.
Ms. Miller said in a statement that she expected to appear before the grand jury on Friday. Ms. Miller was released after she and her lawyers met at the jail with Patrick J. Fitzgerald, the prosecutor in the case, to discuss her testimony.
The Times' publisher, Arthur Sulzberger Jr., said in a statement that the newspaper supported Ms. Miller's decision to testify, just as it backed her earlier refusal to cooperate. "Judy has been unwavering in her commitment to protect the confidentiality of her source," Mr. Sulzberger said. "We are very pleased that she has finally received a direct and uncoerced waiver, both by phone and in writing, releasing her from any claim of confidentiality and enabling her to testify."
"Hey Lib, how much longer you gonna torture that reporter?"
"Dunno, Karl, whatcha think? She's been in 12 weeks already."
"Well, the Boss is going to name a new justice soon. Let's get this cleaned up. Besides, we need a new hook for the Dems to hyper-ventilate."
"Hokay, Karl, I'll sign the waiver." |
The agreement that led to Ms. Miller's release followed intense negotiations between Ms. Miller; her lawyer, Robert Bennett; Mr. Libby's lawyer, Joseph Tate; and Mr. Fitzgerald. The talks began with a telephone call from Mr. Bennett to Mr. Tate in late August. Ms. Miller spoke with Mr. Libby by telephone earlier this month as their lawyers listened, according to people briefed on the matter. It was then that Mr. Libby told Ms. Miller that she had his personal and voluntary waiver.
But the discussions were at times strained, with Mr. Libby and Mr. Tate asserting that they communicated their voluntary waiver to Ms. Miller's lawyers more than year ago, according to those briefed on the case. Mr. Libby wrote to Ms. Miller in mid-September, saying that he believed her lawyers understood that his waiver was voluntary.
Others involved in the case have said that Ms. Miller did not understand that the waiver had been freely given and did not accept it until she had heard from him directly.
| "Karl, you aren't going to believe what that dizzy dame said on the phone." |
In written statements today, Ms. Miller and executives of The New York Times did not identify the source who had urged Ms. Miller to testify. Bill Keller, the executive editor of The New York Times, said that Mr. Fitzgerald had assured Ms. Miller's lawyer that "he intended to limit his grand jury interrogation so that it would not implicate other sources of hers."
Mr. Keller said that Mr. Fitzgerald had cleared the way to an agreement by assuring Ms. Miller and her source that he would not regard a conversation between the two about a possible waiver as an obstruction of justice.
Ms. Miller said she believed the agreement between her lawyers and Mr. Fitzgerald "satisfies my obligation as a reporter to keep faith with my sources." She added: "I went to jail to preserve the time-honored principle that a journalist must respect a promise not to reveal the identity of a confidential source. I chose to take the consequences - 85 days in prison - rather than violate that promise. The principle was more important to uphold than my personal freedom. "
| And far more important to her than upholding the rule of law. |
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