Libby Was Miller’s Source

Ken AshfordPlamegateLeave a Comment

Murray Waas reports:

The new disclosure that Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration have done everything possible to assist Fitzgerald’s grand-jury probe. Sources close to the investigation, and private attorneys representing clients embroiled in the federal probe, said that Libby’s failure to produce a personal waiver may have played a significant role in Miller’s decision not to testify about her conversations with Libby, including the one on July 8, 2003.

Libby signed a more generalized waiver during the early course of the investigation granting journalists the right to testify about their conversations with him if they wished to do so. At least two reporters — Walter Pincus of The Washington Post and Tim Russert of NBC — have testified about their conversations with Libby.

But Miller has said she would not consider providing any information to investigators about conversations with Libby or anyone else without a more specific, or personal, waiver. Bill Keller, the executive editor of The New York Times, has previously said Miller had not been granted "any kind of a waiver … that she finds persuasive or believes was freely given."

Libby has never offered to provide such a personalized waiver for Miller, according to three legal sources with first-hand knowledge of the matter. Joseph A. Tate, an attorney for Libby, declined to comment for this story.

[…]

At least two attorneys representing private clients who are embroiled in the Plame probe also privately questioned whether or not President Bush had encouraged Libby to provide a personalized waiver for Miller in an effort to obtain her cooperation.

In a memorandum distributed to White House staff members shortly after the investigation became known, Attorney General Alberto Gonzalez, who at the time was White House counsel, wrote, "The president has directed full cooperation with this investigation." Bush himself said: "[I]f there is a leak out of my administration, I want to know who it is. And if the person has violated the law, the person will be taken care of."

Congressman Rush Holt, Democrat of New Jersey and a member of the House Intelligence Committee, while sidestepping the specifics as to whether Bush should order Libby to provide a personalized waiver for Miller, said in an interview Friday evening: "I would say the president has the power to help us get to the bottom of this matter. And we in Congress want to do this not so much for what has happened but to prevent such a thing from happening again."

So why isn’t the White House (specifically, Cheney’s office) waiving their reporter confidentiality and allowing Miller to testify?  There really is no good reason why Libby hasn’t provided a specific waiver for Judy if he told Fitzgerald he talked to her.

Unless he lied to the prosecutor about what was said, that is.