Appeals Court Unseals CIA Leak Documents

By MATT APUZZO

A federal appeals court said Friday it would release some of the documents it reviewed when deciding to force journalists to testify in the CIA leak investigation.

The ruling followed a request by The Associated Press and Dow Jones, which asked for the release of the sworn statements Special Prosecutor Patrick Fitzgerald gave to justify subpoenas for New York Times reporter Judith Miller and Time magazine reporter Matthew Cooper in 2005.

Fitzgerald wanted the reporters’ help in his investigation of the leak of CIA operative Valerie Plame’s identity to syndicated columnist Robert Novak. The news organizations argued that Fitzgerald never needed the testimony of reporters because he knew the source of the leak all along.

Miller spent 85 days in jail in 2005 for refusing to testify. Cooper testified under a court order.

The U.S. Court of Appeals for the District of Columbia Circuit was not persuaded by the media’s argument but said some of the materials no longer needed to remain secret. Former Deputy Secretary of State Richard Armitage, the original source for the newspaper article naming Plame, has publicly identified himself.

“One can safely assume that the ‘cat is out of the bag’ when a grand jury witness – in this case Armitage – discusses his role on the CBS Evening News,” the court said.

The court agreed to release portions of the court’s ruling authorizing the subpoenas and two affidavits discussing grand jury matters. Those matters, the court said, became public recently during trial of former White House aide I. Lewis “Scooter” Libby.

No one was charged with the leak. Libby was sentenced to 2 years in prison for obstructing the investigation.