September 29, 2005

A bunch of readers have sent reports that Judith Miller has been released from jail. From the Philadelphia Inquirer via Raw Story:

...She was released after she had a telephone conversation with the Vice President Dick Cheney's chief of staff, I. Lewis Libby, sources said. In that conversation, Libby reaffirmed that he had released Miller from a promise of confidentiality more than a year ago, sources said.

Update: The New York Times reports that she's been released and will testify tomorrow:

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.

Late Update: Yet more on the negotiations this past month in this updated NYT story:

...On Sept. 16, Mr. Tate [Libby's lawyer] wrote to Mr. Fitzgerald saying his conversations with Mr. Abrams last year were meant to assure Ms. Miller that a broad waiver that Mr. Libby signed in late 2003 was not coerced and applied specifically to Ms. Miller.

On Thursday, Mr. Abrams wrote to Mr. Tate disputing parts of Mr. Tate's account. His letter said although Mr. Tate had said the waiver was voluntary, Mr. Tate had also said any waiver sought as a condition of employment was inherently coercive.

Mr. Abrams would not discuss the question in a brief telephone conversation on Thursday.

As part of the agreement, Mr. Bennett gave Mr. Fitzgerald edited versions of notes taken by Ms. Miller about her conversations with Mr. Libby.

Later Update: The Washington Post has more:

...According to a source familiar with Libby's account of his conversations with Miller in July 2003, the subject of Wilson's wife came up on two occasions. In the first, on July 8, Miller met with Libby to interview him about weapons of mass destruction in Iraq, the source said.

At that time, she asked him why Wilson had been chosen to investigate questions Cheney had posed about whether Iraq attempted to buy uranium in the African nation of Niger. Libby, the source familiar with his account said, told her that the White House was working with the CIA to find out more about Wilson's trip and how he came to be selected.

Libby told Miller he heard that Wilson's wife had something to do with sending him but he did not know who she was or where she worked, the source said.

Libby had a second conversation with Miller on July 12 or July 13, the source said, in which he told her that he had learned that Wilson's wife had a role in sending him on the trip and that she worked for the CIA. Libby never knew Plame's name or that she was a covert operative, the source said.

One lawyer involved in the case said Miller's attorneys reached an agreement with Fitzgerald that may confine prosecutors' questions solely to Miller's conversations with Libby. Bennett, reached last night, said he could not discuss the terms of the agreement for Miller's testimony. Abrams did not return a call seeking comment.

One lawyer said it could become clear as early as next week whether Fitzgerald plans to indict anyone or has negotiated a plea bargain.

An more of an explanation about why this agreement came about only now:

...Fitzgerald has made it clear for more than a year that Miller was the main obstacle to completing the case, and that he was prepared to exert pressure on her to testify. People involved in the case said they began to hear earlier this week that Miller was looking for a way out of jail.

In recent weeks, people close to Miller said her attorneys grew anxious that Fitzgerald would extend her time behind bars. Fitzgerald has the authority to extend the grand jury investigating possible leaks for another 18 months, and he could ask the judge to hold Miller in jail for another six months, lawyers familiar with the case said...

Posted by Laura at September 29, 2005 09:06 PM