Papers Say Leak Probe Is Over - idenity of a covert CIA op

washingtonpost.com
Papers Say Leak Probe Is Over

By Carol D. Leonnig
Washington Post Staff Writer
Thursday, April 7, 2005; Page A12

The special prosecutor investigating whether Bush administration officials
illegally revealed the identity of a covert CIA operative says he finished
his investigation months ago, except for questioning two reporters who
have refused to testify.

The information in a March 22 court filing by special counsel Patrick J.
Fitzgerald suggests that syndicated columnist Robert D. Novak, who first
published the name of undercover CIA officer Valerie Plame, has already
spoken to investigators about his sources for that report, according to
legal experts. Novak, whose July 2003 column sparked the investigation,
and his attorney have refused to comment on whether he was questioned.

Legal experts and sources close to the case also speculated yesterday that
Fitzgerald is not likely to seek an indictment for the crime he originally
set out to investigate: whether a government official knowingly exposed a
covert officer. The sources, who asked not to be named because the matter
is the subject of a grand jury investigation, said Fitzgerald may instead
seek to charge a government official with committing perjury by giving
conflicting information to prosecutors.

Fitzgerald's filing was part of his effort to persuade the U.S. Court of
Appeals for the District of Columbia Circuit that he needs the testimony
of New York Times reporter Judith Miller and Time magazine reporter Matt
Cooper to wrap up his investigation.

The two reporters and their news organizations have refused to discuss
their confidential sources with prosecutors. They appealed to the full
court after a three-judge panel ruled last month that Miller and Cooper
should be held in contempt and face possible jail unless they agree to be
questioned before a grand jury.

In the court documents, Fitzgerald said that by October 2004, "the factual
investigation -- other than the testimony of Miller and Cooper . . . was
for all practical purposes complete."

That special prosecutor's characterization of his efforts led to
indignation among press advocates who learned of the filing yesterday.
They said it bolsters their suspicion that Fitzgerald has put two
journalists in jeopardy of incarceration though he may not have sufficient
evidence to indict someone for the felony he was appointed to investigate.

Lucy Dalglish, of the Reporters Committee for Freedom of the Press, called
the special counsel's case "disturbing."

"Boy, I tell you if those two reporters go to jail and there was nothing
to this entire investigation, that will be an outrage," Dalglish said.
Floyd Abrams, the First Amendment attorney who represents Miller and
Cooper, said he has long worried that the special prosecutor has used
extreme measures to get reporters to talk and yet may not have evidence of
a serious crime.
[more]

http://www.washingtonpost.com/ac2/wp-dyn/A32380-2005Apr6?language=printer