May 13-20, 2004: Russert Refuses to Testify before Grand Jury; Fitzgerald Issues Subpoena

Special counsel Patrick Fitzgerald negotiates with NBC bureau chief Tim Russert about his conversations with White House official Lewis Libby (see July 10 or 11, 2003), particularly, according to documents later filed with the court in the Libby perjury trial, regarding “one or more conversations between [Russert] and [Libby] on or about July 10, 2003 (and any follow-up conversations) which involved Libby complaining to [Russert] in his capacity as NBC bureau chief about the on-the-air comments of another NBC correspondent.” Russert, through his lawyers, declines to testify before Fitzgerald’s grand jury, though he does “agree to preserve any relevant notes, tapes, or other documents” (see June 2004). As a result, Fitzgerald will issue a subpoena (see May 21, 2004). Russert has cooperated with the FBI in the investigation (see November 24, 2003), and recently spoke to Libby about the investigation (see Late February or Early March, 2004). [US Department of Justice, 2/23/2006 ]