ALSO VISIT

NYT reporter Judith Miller has reportedly received a formal waiver from her confidential White House source to testify. She was released from prison on 29 September, after agreeing to speak to the grand jury investigating the leaking of covert CIA operative Valerie Plame's name by top government officials in the summer of 2003.

Ms. Miller did not publish the name of her source, but her paper, the New York Times, has reported that her source was Lewis Libby, VP Cheney's chief of staff. Libby representatives allege he had given this waiver before, but there was some confusion as to whether it removed the understanding of confidentiality and whether Ms. Miller viewed her role as reporter as permitting her to testify.

The waiver Libby reportedly gave was a general government form, requiring cooperation with investigators. Miller did not view this as a personal choice on the part of her source to waive his right to keep private conversations confidential. "Waivers demanded by a superior as a condition of employment are not voluntary," Miller advised Chief U.S. District Judge Thomas F. Hogan, who ordered her to serve time in jail for refusing to answer a subpoena.

By the time of her release, Judith Miller had served 85 days in custody. The morning after her release, Miller appeared before the grand jury, still under subpoena from special prosecutor Fitzgerald. The reporter testified to having discussed Valerie Plame, the wife of former Ambassador Joseph Wilson IV, and a covert CIA operative, with Lewis "Scooter" Libby, the Vice-President's chief of staff.

Her employer, the New York Times, expressed support for Miller and its pleasure that at last she had "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", without having to breach the confidentiality promised to then source Libby.

Though Miller never wrote the Plame story, she was the only reporter forced to serve time in jail for her refusal to testify. Time Magazine reporter Matthew Cooper avoided jail by testifying, after the magazine gave his notes to the prosecutor and his source personally waived confidentiality. Robert Novak, who wrote the story which broke Plame's cover, has not faced charges, though his lawyers refuse to reveal whether he has testified or not. [For more: RCFP]

BACKGROUND:
WHAT THE LAW SAYS ABOUT LEAKING COVERT OP INFO
14 July 2005

Supporters of Karl Rove, spokespeople for the Republican party and talking points issued to party members, press and pundits have been eagerly asserting that Karl Rove violated no law when he revealed that Ambassador Joseph Wilson's wife was an "agency" operative, because he did not state her name. In fact, this is plainly false: the Intelligence Identities Protection Act of 1982, the applicable federal law, states that revealing "any information identifying such covert agent to any individual not
authorized to receive classified information" constitutes a violation of the law and can result in $50,000 in fines and/or 10 years in prison. [Full Story]

JUDGE IMPRISONS REPORTER FOR REFUSING TO REVEAL SOURCE
6 July 2005

New York Times reporter Judith Miller has been jailed by a Special Prosecutor investigating the leak by White House officials of the identity of an undercover CIA agent to the press. She could face up to four months in prison, for violating a court order which she believes runs contrary to the constitutionally protected press freedoms. Investigating who in the White House leaked the name of undercover CIA agent Valerie Plame to the press in the summer of 2003, Special Prosecutor Patrick Fitzgerald had demanded full testimony by reporters Judith Miller (of The New York Times) and Matthew Cooper (of TIME) regarding the identity of the sources they used to write stories about the controversy. [Full Story]