January 2-5, 2004: Fitzgerald Investigators to Ask for Blanket Waivers of Confidentiality from White House Officials

Federal investigators working with special counsel Patrick Fitzgerald in the Plame Wilson identity leak investigation (see December 30, 2003) will ask White House officials to sign waivers freeing journalists from any pledges of confidentiality they may have granted during discussions about CIA official Valerie Plame Wilson. A senior administration official says that a number of top aides to President Bush will be asked to sign a one-page form giving permission for journalists to describe any such conversations to investigators, even if the journalists promised not to reveal the source. Bush’s promises of full cooperation will put “tremendous pressure” on the aides to comply, the official says. However, some investigators believe that many journalists will not respect such “blanket waivers,” and will refuse to reveal sources regardless of whether the White House aides sign them or not. The form reads that it is the wish of the White House official that “no member of the media assert any privilege or refuse to answer any questions” about the leak, according to a copy of the form obtained by the press. One aide sent a copy of the form is White House political strategist Karl Rove. [Washington Post, 1/2/2004] By January 5, Bush has not publicly stated that White House officials should, or should not, sign the waivers, according to press secretary Scott McClellan, who directs journalists to steer questions about the forms to the Justice Department. One unnamed government official is more forthcoming, however, calling the forms a “quintessential cover-your-rear-end” move by investigators. “It provides political cover, because you can say you tried everything, and this is a very politically charged environment,” the official says. “There’s no other value to it.” [Washington Post, 1/6/2004]