Threat of Jailing Is Lifted With Reporter's Testimony
By JACQUES STEINBERG
Published: August 25, 2004
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The reporter, Matthew Cooper, was questioned in a two-hour deposition about his contacts with I. Lewis Libby, chief of staff to Vice President Dick Cheney, but only after Mr. Libby's lawyer assured Mr. Cooper's lawyer that Mr. Libby had waived a confidentiality agreement with the reporter.
The deposition was given on Monday but became known only when the judge lifted the contempt order yesterday at the request of the special prosecutor, Patrick J. Fitzgerald.
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Floyd Abrams, a lawyer representing both Mr. Cooper and Time, said yesterday that Mr. Libby had been "one of the sources'' for an article that Mr. Cooper co-wrote last July that mentioned Ms. Plame. But Mr. Abrams would not say precisely what material Mr. Libby had provided to Mr. Cooper and declined to say whether Mr. Libby was among those who had given Ms. Plame's name to Time.
A lawyer representing Mr. Libby, Joseph A. Tate, did not respond to two phone messages seeking comment on the case. Asked for a comment from Mr. Libby, a spokesman for Mr. Cheney, Kevin Kellems, referred a reporter's question to Mr. Fitzgerald. A spokesman for Mr. Fitzgerald, Randall Samborn, said the prosecutor had no comment on the investigation.
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It is not known why the special prosecutor was so interested in questioning Mr. Cooper about Mr. Libby. Mr. Kelly, Time's managing editor, characterized the deposition on Monday as having been "all about Matt's conversations with Mr. Libby.'' But Mr. Kelly declined to answer any other questions about what Mr. Cooper had been asked, and Mr. Cooper also declined to comment.
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http://www.nytimes.com/2004/08/25/politics/25press.html