Prosecutors had to prompt writer to release notes

WASHINGTON – The New York Times’ Judith Miller belatedly gave prosecutors her notes of a key meeting in the CIA leak probe only after being shown White House records of it, and her boss declared Friday she appeared to have misled the newspaper about her role.

In a dramatic e-mail, executive editor Bill Keller wrote Times’ employees he wished he’d more carefully interviewed Miller and had “missed what should have been significant alarm bells” that she had been the recipient of leaked information about the CIA officer at the heart of the case.

“Judy seems to have misled (Times Washington bureau chief) Phil Taubman about the extent of her involvement,” Keller wrote in what he described as a lessons-learned e-mail. “This alone should have been enough to make me probe deeper.”

Keller said he might have been more willing to compromise with special counsel Patrick Fitzgerald “if I had known the details of Judy’s entanglement” with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby.

Fitzgerald is investigating the disclosure of CIA operative Valerie Plame’s identity.

In a sign the prosecutor may be preparing indictments, Fitzgerald’s office erected a Web site, www.usdoj.gov/usao/iln/ osc, Friday containing the record of the broad investigative mandate handed to him by the Justice Department at the outset of his investigation. Unlike some of his predecessors who operated under a law that has since expired, Fitzgerald is not required to write a final report, so he would not need a Web site for that purpose.

Meanwhile, two lawyers familiar with Fitzgerald’s investigation said Fitzgerald first learned from White House records that Miller had met as early as June 23, 2003, with Libby and discussed the CIA operative.

In her first grand jury appearance Sept. 30 after being freed from prison for refusing to testify, Miller did not mention the meeting and retrieved her notes about it only when prosecutors showed her visitor logs showing she had met with Libby in the Old Executive Office Building adjacent to the White House.

One lawyer familiar with Miller’s testimony said the reporter told prosecutors at first that she did not believe the June meeting would have involved Plame. Miller said that, because she had just returned from covering the Iraq war, she was probably giving Libby an update about her experiences there, the lawyer said.

However, Miller retrieved her notes and discovered they indicated that Libby had given her information about Plame at that meeting. Fitzgerald then arranged for her to return to the grand jury to testify about it, the lawyers said.

The evidence of that meeting has become important to the investigation because it indicates that Libby was passing information to reporters about Plame well before her husband, Joseph Wilson, went public with accusations that the Bush administration had twisted prewar intelligence on Iraq to exaggerate the threat it posed.

Libby and top presidential political adviser Karl Rove have emerged as central figures in the probe because they had contacts with reporters who learned Plame’s identity or disclosed it in news stories.

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