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...hardly anyone in Washington could say they were surprised when it turned out that Libby was the long-secret source for New York Times reporter Judith Miller, who spent 85 days in jail this summer rather than tell federal prosecutors exactly to whom she spoke in 2003 about a CIA operative whose diplomat-husband had criticized the President's justifications for the war in Iraq. Libby had been a confidential source for at least three other reporters--including TIME's Matthew Cooper--who received subpoenas in the case. All three eventually spoke to prosecutors after receiving a waiver of confidentiality...

Author: /time Magazine | Title: Let's Make A Deal | 10/3/2005 | See Source »

Miller was no sooner sprung and sworn than a war erupted over why it took Miller and her lawyers so long to get a waiver from Libby in the first place. One of the principles over which Miller said she went to jail was her belief that the so-called blanket waivers of confidentiality signed by Libby and several other White House officials were coerced from them, leaving her no choice other than to continue protecting them. But Libby's lawyer Joseph Tate suggested that Libby had offered Miller a freely given waiver as much as a year...

Author: /time Magazine | Title: Let's Make A Deal | 10/3/2005 | See Source »

Miller had spent nearly two months in jail on civil contempt-of-court charges when negotiations between the two camps resumed. Another Miller lawyer, Robert Bennett, picked up the phone on Aug. 31 to call Tate. Bennett told TIME that the Miller camp had received an indication from a third party that it might be a good time to approach Libby with a new request to personally waive the confidentiality agreement. It took Miller's lawyers a month, till Sept. 29, to hammer out the details with Libby and Fitzgerald. A legal source told TIME that Fitzgerald gave both camps...

Author: /time Magazine | Title: Let's Make A Deal | 10/3/2005 | See Source »

...editor-in-chief Norman Pearlstine, who, after fighting the prosecutor all the way up to the U.S. Supreme Court (it declined to hear the case), eventually decided to honor the subpoena last July. Soon after, Cooper, who had refused to testify after getting a second subpoena and was facing jail time, testified once he received a specific waiver of confidentiality from another White House source, Karl Rove, via Rove's lawyer...

Author: /time Magazine | Title: Let's Make A Deal | 10/3/2005 | See Source »

...sides were pushed toward a deal by external forces at work in both camps. Pressure had been growing on Libby from G.O.P. lawmakers to take whatever steps necessary to free Miller from her imprisonment. And there was the possibility that Miller was looking at more time in jail than she had bargained for. Although Fitzgerald is expected to finish this month, he has no obligation to do so. He could have boosted Miller's civil contempt charge to a criminal one or shifted the probe to a new grand jury, a step that could have meant more jail time...

Author: /time Magazine | Title: Let's Make A Deal | 10/3/2005 | See Source »

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