Involvement With The CIA Leak Grand Jury Investigation
Tate, acting as Lewis Libby's attorney, has spoken publicly about the Libby's involvement in the CIA leak grand jury investigation. In particular, Tate discussed Libby's connection to the New York Times journalist Judith Miller. Miller spent 85 days in jail for refusing to disclose the identity of her source, an unidentified government official. Despite speculation to the contrary, Tate repeatedly denied that Libby was the source that Miller was protecting. Special Counsel Patrick Fitzgerald, investigating the CIA leak, wrote to Tate on September 12, 2005 to clarify that communication between Libby and Miller would not be obstruction of justice. Fitzgerald knew that Libby was the government official that Miller refused to discuss. Tate continues to deny that Libby was Miller's protected source, instead, insisting that a written waiver was provided a year ago. Miller was eventually released from jail, after Libby contacted Miller by phone with Tate and Miller's attorney's listening.
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