Where did you hear that CBS?
: Reporter Must Testify in CIA Probe
By THE ASSOCIATED PRESS
Published: September 16, 2004
Filed at 5:02 p.m. ET
WASHINGTON (AP) -- A federal judge has ruled that a New York Times reporter must testify before a grand jury as part of an investigation into the disclosure of an undercover CIA operative's name.
In a decision made public Thursday, U.S. District Judge Thomas F. Hogan rejected Judith Miller's claim that as a reporter she should not be compelled to testify about confidential sources.
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Federal prosecutors are trying to find out who in the Bush administration leaked the identity of Valerie Plame, whose name was published by syndicated columnist Robert Novak on July 14, 2003. Novak cited two ``senior administration officials'' as his sources.
It can be a felony to leak the name of an undercover officer.
The Novak column came after Plame's husband, former Ambassador Joseph Wilson, was critical in a newspaper opinion piece of President Bush's claim in his 2003 State of the Union address that Iraq sought to obtain uranium in Niger. The CIA had sent Wilson to Niger to investigate that claim, which he concluded was unfounded.
Wilson claims his wife was identified as retribution for his article.
After Novak's column, Miller considered writing a follow-up about Wilson and spoke to one or more sources. However, she never did a story.
In his ruling, Hogan said Miller's testimony ``is necessary for completion of this investigation ... and is expected to constitute direct evidence of innocence or guilt.''
The decision was not a surprise because Hogan had already rejected claims that the First Amendment protected other journalists from subpoenas.
Meanwhile, a Bush administration official who was a confidential source for a Washington Post story about Plame and Wilson has come forward to speak with investigators.
As a result, Post reporter Walter Pincus, who had refused to reveal his source's name to prosecutors, provided a deposition in the case on Wednesday. Pincus did not, however, name the administration official.
Two days before the Novak piece ran, Pincus said he spoke with a person he has identified only as ``an administration official'' who told him that Wilson was sent to Niger at the request of his wife. Pincus wrote about the conversation last October, without naming the administration official.
In his deposition, Pincus said he agreed to be questioned by prosecutors only with the source's approval.
``I understand that my source has already spoken to the special prosecutor about our conversation on July 12, and that the special prosecutor has dropped his demand that I reveal my source. Even so, I will not testify about his or her identity,'' Pincus said in a statement.
Four reporters have testified about conversations they had with Vice President Dick Cheney's chief of staff, Lewis ``Scooter'' Libby, with Libby's approval. They testified that Libby did not disclose Plame's name or identity to them, the Post reported.
Novak has never said whether he has been subpoenaed.
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