http://online.wsj.com/public/article/0,,SB112259089033899249-6eJAQFJYZQQKUnUcZ75nGzdfauA_20060729,00.html?mod=tff_main_tff_topMurky Connection
Mr. Fitzgerald also turned his attention to Ms. Miller. She had written for the Times about Iraqi efforts to obtain biological and other weapons. Some of these articles supported the Bush administration's claim that Saddam Hussein had an arsenal of weapons of mass destruction. In an unusual move, the Times later acknowledged that some of Ms. Miller's reporting had been too credulous.
Ms. Miller, 57, never wrote about Ms. Plame. White House phone records and Mr. Fitzgerald's questioning of government officials may have piqued his interest in her.
Four months after Mr. Abrams agreed to represent Time Inc. and Mr. Cooper, the attorney was hired by the Times to represent Ms. Miller. Their common goal: bar Mr. Fitzgerald from gaining access to the reporters' notes and sources. Journalists sometimes promise confidentiality to protect sources who otherwise wouldn't provide newsworthy information. To maintain credibility, journalists consider it important to uphold confidentiality agreements, even under government pressure.
Mr. Cooper, however, quickly grew concerned that his interests might differ from Ms. Miller's, according to his criminal lawyer, Richard A. Sauber. In August 2004, Mr. Cooper gave a limited deposition to Mr. Fitzgerald about a conversation he had with Mr. Libby, the vice president's chief of staff. Mr. Cooper did so only after Mr. Libby had signed a document, drafted by Mr. Abrams, that waived Mr. Cooper's confidentiality pledge to the White House official.
Six weeks later, on Oct. 8, 2004, Ms. Miller went on NBC's "Today" show and strongly criticized such waivers as coercive. She argued that government officials who decline to sign them could risk losing their jobs, although there is no evidence that happened in this case. Arthur O. Sulzberger Jr., the chairman and publisher of the Times, joined Ms. Miller on the show and strongly backed her position.
The Times deferred to its reporter's choices, Mr. Abrams says. "The view at the Times is that the reporter has the right to decide," he explains. "From Judy's perspective, the first thing she wanted to know was what to do to protect her confidential sources, rather than what to do to stay out of jail."
But Ms. Miller's nationally publicized views "tended to undercut Matt's position," since he had sought a waiver from Mr. Libby, says Mr. Sauber, the Cooper lawyer. "He was concerned there would be other points where his interests" and Ms. Miller's "might diverge, and he wanted a lawyer whose only client would be him," Mr. Sauber adds.
When Mr. Cooper gave his limited testimony to Mr. Fitzgerald, he was following the same path as NBC's "Meet the Press" host Tim Russert and Washington Post reporters Walter Pincus and Glenn Kessler. Mr. Libby had given those reporters permission to discuss with the prosecutor whether or not they had talked about Ms. Plame.