Judith Miller, the New York Times reporter who was released from jail last week after agreeing to testify in a case involving the leak of the name of a C.I.A. operative, returned to the newsroom yesterday declaring that she had upheld the principles she had gone to jail to protect. "I'm sure I did many things that were not completely perfect in the eyes of either First Amendment absolutists or those who wrote every day saying 'Testify, testify, you're covering up for these people,' " Ms. Miller told a gathering of her colleagues in the newsroom. "The pressures were enormous. I did the only thing I could do. I followed my conscience, and I tried to follow the principles that I laid out at the beginning." Ms. Miller said she had needed an explicit waiver from her source, whom she identified publicly for the first time as I. Lewis Libby, Vice President Dick Cheney's chief of staff. At the same time, she said, she was also holding out for a pledge by the special prosecutor, Patrick J. Fitzgerald, that her testimony would be limited to her conversations with Mr. Libby and would not address other sources. Ms. Miller said Mr. Libby had not agreed to these conditions until late last month and so, contrary to what she called White House "spin," she could not have testified a year ago or avoided jail. Mr. Libby had initially offered only a blanket waiver to reporters to testify, she said, not the personal and specific waiver he offered last week after her lawyer reopened negotiations. Mr. Libby's lawyer, Joseph Tate, has said Mr. Libby was prepared all along to provide a personal waiver to Ms. Miller. Mr. Tate could not be reached for comment on Monday. Ms. Miller also turned over her notes to Mr. Fitzgerald, but she said she was allowed to redact them herself, removing irrelevant information, rather than having to submit them to a third party to redact. "I am very, very proud to be able to say that I got things that no other journalist has ever gotten out of a process like this," Ms. Miller told the newsroom. She said she believed that the blanket waiver Mr. Libby had offered other journalists was "a thing of the past." Ms. Miller was introduced by Bill Keller, the executive editor, who said the newspaper planned to publish a full account of Ms. Miller's case. He said the article could appear as soon as this weekend. "I know that you and our readers still have a lot of questions about how this drama unfolded," he told the staff members. He said the paper had been wary of revealing too much about the case for fear of compounding Ms. Miller's legal problems, but added, "Now that she's free, we intend to answer those questions to the best of our ability in a thoroughly reported piece in the pages of The New York Times, and soon. We owe it to our readers, and we owe it to you, our staff." In an interview after her appearance, Ms. Miller said she would cooperate with the newspaper's reporters. She said she was uncertain whether she would write her own account, either in the newspaper or in a book. She also said she was exploring all the options, but she planned to first take some time off to urge Congress to pass a federal shield law to protect reporters with confidential sources. She said she had not contemplated what it would be like to return to the paper and pick up her duties as a reporter, but added: "This is my clan, this is my tribe. I belong here." Ms. Miller returned to her desk in the newsroom for the first time since she was jailed on July 6. Bouquets of flowers surrounded her computer, which a technology assistant said was clogged with 100,000 e-mail messages. She looked thin, and said she had lost more than 20 pounds in jail, which she called a "soulless" place. She tugged at the waist of her pants, showing that they were at least four inches too big. In the interview, she declined to reveal what she had told the grand jury. She also said she had publicly identified Mr. Libby as her source in part because Mr. Tate, Mr. Libby's lawyer, had told Newsweek that he doubted the credibility of one of her lawyers, Floyd Abrams. Moreover, she said, it was an open secret that Mr. Libby was her source, so there was no point in not naming him. Ms. Miller said her lawyers reopened negotiations not because she wanted to leave jail, although she did, but because if Mr. Fitzgerald extended the grand jury, everyone would dig deeper into their positions and she would have a more difficult time getting what she considered a voluntary waiver from Mr. Libby. "I was prepared to stay," she said. "I had been in jail, and I thought maybe Scooter Libby was thinking about that and that he might be prepared to do something that, for whatever reason, he didn't feel comfortable doing before." Ms. Miller said her cooperation with the investigation, including testifying and turning over her notes, had not compromised the future ability of reporters to protect the confidentiality of their sources. "Quite the contrary," she said. "I set up clear standards for when I would cooperate, and they were known to everyone."
Freed Reporter Says She Upheld Principles
by Katharine Q. Seelye
The New York Times
October 4, 2005
https://judithmiller.com/528/freed-reporter-says-she-upheld-principles
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