Prosecutor Thought Libby Deliberately Failed To Intervene On Reporter's Behalf
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"I had assumed that Mr. Libby had simply decided that encouraging Ms. Miller to testify was not in his best interest," Mr. Fitzgerald wrote. He also noted press accounts that suggested that Ms. Miller and her attorneys were not satisfied with the generic written waiver that Mr. Libby had signed. The prosecutor said his conclusion was also supported by the fact that Mr. Libby had apparently not reached out to Ms. Miller, despite the fact that several congressmen called on the White House aide to make such an effort.
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"It may be," the prosecutor surmised, "that Ms. Miller remains in jail because of a misunderstanding."
"I wish to make certain that you understand that if Mr. Libby maintains his waiver is valid and he wishes to communicate that fact either through you or directly to Ms. Miller or her counsel (without discussing the substance of what her testimony might be), I would not view such a communication as obstruction," Mr. Fitzgerald wrote. The prosecutor said he couldn't force Mr. Libby to contact Ms. Miller, but said if he did not, it implied "he would prefer that the status quo continue and Ms. Miller remain in jail rather than testify about their conversations."
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While Mr. Fitzgerald admonished Mr. Libby not to discuss with Mr. Miller the substance of her testimony, a letter Mr. Libby sent to Ms. Miller on September 15 did mention what other reporters have said about their contact with the White House aide. "The public report of every other reporter's testimony makes clear they did not discuss Ms. Plame's name or identity with me or knew about her before our call," Mr. Libby wrote. "I believed a year ago, as now, that testimony by all will benefit all."
http://www.nysun.com/article/20936