03 December 2005

Leak Ruling Has Mystery, 8 Blank Pages

There are eight blank pages in the public version of a decision the federal appeals court in Washington issued in February. The decision ordered two reporters to be jailed unless they agreed to testify before a grand jury investigating the disclosure of the identity of a C.I.A. operative, Valerie Wilson. What is in those pages is one of the enduring mysteries in the investigation.

In a filing yesterday, the special prosecutor in the case, Patrick J. Fitzgerald, told the court that he had no objection to the unsealing of parts of those pages, and he gave hints about what they say.

The pages, in a concurring opinion by Judge David S. Tatel of the United States Court of Appeals for the District of Columbia Circuit, analyze secret submissions by Mr. Fitzgerald. Judge Tatel suggested, in a terse and cryptic public summary of what he wrote in the withheld pages, that testimony from the reporters, Judith Miller of The New York Times and Matthew Cooper of Time magazine, was needed to determine whether a government official committed a crime in identifying Ms. Wilson.

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