My Four Hours Testifying in the Federal Grand Jury Room

By JUDITH MILLER
Published: October 16, 2005

In July 2003, Joseph C. Wilson IV, a former ambassador, created a firestorm by publishing an essay in The New York Times that accused the Bush administration of using faulty intelligence to justify the war in Iraq. The administration, he charged, ignored findings of a secret mission he had undertaken for the Central Intelligence Agency - findings, he said, that undermined claims that Iraq was seeking uranium for a nuclear bomb

It was the first time Mr. Wilson had gone public with his criticisms of the White House. Yet he had already become a focus of significant scrutiny at the highest levels of the Bush administration.

Almost two weeks earlier, in an interview with me on June 23, Vice President Dick Cheney's chief of staff, I. Lewis Libby, discussed Mr. Wilson's activities and placed blame for intelligence failures on the C.I.A. In later conversations with me, on July 8 and July 12, Mr. Libby, who is Mr. Cheney's top aide, played down the importance of Mr. Wilson's mission and questioned his performance.

My notes indicate that well before Mr. Wilson published his critique, Mr. Libby told me that Mr. Wilson's wife may have worked on unconventional weapons at the C.I.A.

My notes do not show that Mr. Libby identified Mr. Wilson's wife by name. Nor do they show that he described Valerie Wilson as a covert agent or "operative," as the conservative columnist Robert D. Novak first described her in a syndicated column published on July 14, 2003. (Mr. Novak used her maiden name, Valerie Plame.)

This is what I told a federal grand jury and the special counsel investigating whether administration officials committed a crime by leaking Ms. Plame's identity and the nature of her job to reporters.

During my testimony on Sept. 30 and Oct. 12, the special counsel, Patrick J. Fitzgerald, asked me whether Mr. Libby had shared classified information with me during our several encounters before Mr. Novak's article. He also asked whether I thought Mr. Libby had tried to shape my testimony through a letter he sent to me in jail last month. And Mr. Fitzgerald asked whether Mr. Cheney had known what his chief aide was doing and saying.

My interview notes show that Mr. Libby sought from the beginning, before Mr. Wilson's name became public, to insulate his boss from Mr. Wilson's charges. According to my notes, he told me at our June meeting that Mr. Cheney did not know of Mr. Wilson, much less know that Mr. Wilson had traveled to Niger, in West Africa, to verify reports that Iraq was seeking to acquire uranium for a weapons program.

As I told the grand jury, I recalled Mr. Libby's frustration and anger about what he called "selective leaking" by the C.I.A. and other agencies to distance themselves from what he recalled as their unequivocal prewar intelligence assessments. The selective leaks trying to shift blame to the White House, he told me, were part of a "perverted war" over the war in Iraq. I testified about these conversations after spending 85 days in jail for refusing to cooperate with the grand jury inquiry. Having been summoned to testify before the grand jury, I went to jail instead, to protect my source - Mr. Libby - because he had not communicated to me his personal and voluntary permission to speak.

At the behest of President Bush and Mr. Fitzgerald, Mr. Libby had signed a blanket form waiver, which his lawyer signaled to my counsel was not really voluntary, even though Mr. Libby's lawyer also said it had enabled other reporters to cooperate with the grand jury. But I believed that nothing short of a personal letter and a telephone call would allow me to assess whether Mr. Libby truly wished to free me from the pledge of confidentiality I had given him. The letter and the telephone call came last month.

Equally central to my decision was Mr. Fitzgerald, the prosecutor. He had declined to confine his questioning to the subject of Mr. Libby. This meant I would have been unable to protect other confidential sources who had provided information - unrelated to Mr. Wilson or his wife - for articles published in The Times. Last month, Mr. Fitzgerald agreed to limit his questioning.

Without both agreements, I would not have testified and would still be in jail.

I testified in Washington twice - most recently last Wednesday after finding a notebook in my office at The Times that contained my first interview with Mr. Libby. Mr. Fitzgerald told the grand jury that I was testifying as a witness and not as a subject or target of his inquiry.

This account is based on what I remember of my meetings with Mr. Fitzgerald and my testimony before the grand jury. I testified for almost four hours, much of that time taken by Mr. Fitzgerald asking me to decipher and explain my notes of my interviews with Mr. Libby, which I had provided to him.


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