6. Miller and Cooper both asserted they thought their source's waiver was coerced. Cooper backed down when he got a personal waiver. Miller didn't get a call from the her source providing a waiver.
7. I think Miller's source is Lewis Libby who told her there was a high level meeting of Dick Cheney's staff the week before Novak's article appeared at which they discussed they were going to smear Joseph Wilson's wife who worked for the CIA. He may have also told her Rove was in on it. I don't think Cooper was told about the meeting. Rove denies knowing Valerie Plame's name.
8. Cheney's office later denied such a meeting took place.
9. Lewis Libby testified to the grand jury as did other members of Cheney's staff and Rove, and Cheney was interviewed by grand jury investigators.
10. There are six pages of blanked out information in the D.C. Circuit Court of Appeals concurring opinion by Judge Tatel. It doesn't take six pages to say X got a phone call from Y who said Z. It does take 6 pages to say Y called X and said the information disclosed during the call (the Z here) appears to make a case for perjury against Y and others because Y and others told the grand jury something different.
11. Miller went to jail not to protect the identity of her source, which is known by Fitzgerald, but what her source told her, because she knows it would make a criminal case against the source and others and she doesn't want to be the cause of that.
12. As to Novak, I think he told his sources early on - and he didn't implicate either in a crime.
Now, is Miller's source Libby, Rove or someone else? I don't know. But I think that whatever the source told her makes a case for the Government on charges of perjury, obstruction of justice, conspiracy to commit perjury and obstruction of justice and conspiracy to leak a CIA undercover operative's identity. And Miller is the only one who can make the case because Cooper and Novak weren't told the same thing, even if their sources were the same. In other words, Miller was told more.
Everyone's known about Libby forever. But, no one knows what he told Miller. Karl Rove has only become headline news this week, and it's not clear that he ever spoke to Miller - only to Cooper. Cooper had more than one source.
So, I think Cooper spoke to Libby and Rove and neither one said anything that controverts what they told the grand jury - otherwise, the source wouldn't have given Cooper the waiver.
Miller's source told her something he didn't tell the others, and that information makes the crime(s).
Again, this is just my latest attempt to connect the dots.
Update: Many more people than I expected are reading these musings due to a link from Daily Kos, so I will include some more sources for my thoughts, all of which appeared in prior TalkLeft postings, in no particular order:
1. From Joseph Wilson's book, excerpted by Salon:
Apparently, according to two journalist sources of mine, when Rove learned that he might have violated the law, he turned on Cheney and Libby and made it clear that he held them responsible for the problem they had created for the administration. The protracted silence on this topic from the White House masks considerable tension between the Office of the President and the Office of the Vice President.
2. On Fitzgerald knowing Miller's source, look to the subpoena to Judith Miller (from this DC Court of Appeals decision (pdf) upholding Cooper and Miller's contempt orders, which I wrote about here):
In the meantime, on August 12 and August 14, grand jury subpoenas were issued to Judith Miller, seeking documents and testimony related to conversations between her and a specified government official “occurring from on or about July 6, 2003, to on or about July 13, 2003, . . . concerning Valerie Plame Wilson (whether referred to by name or by description as the wife of Ambassador Wilson) or concerning Iraqi efforts to obtain uranium.”
Note that it requests conversations between her and "a specified government official" so Fitzgerald knew the source. And that the time period is the week before Novak's article was published.
3. On the information from Miller (and at the time Cooper) being critical to the investigation, Judge Tatel says in the linked opinion above:
That said, without benefit of the adversarial process, we
must take care to ensure that the special counsel has met his
burden of demonstrating that the information is both critical and
unobtainable from any other source. Having carefully
scrutinized his voluminous classified filings, I believe that he
has.
4. As to Fitzgerald threatening Miller with criminal contempt and obstruction of justice charges, see the pleading he filed (pdf) arguing that she should not get home detention or be designated to a federal prison camp:
The question is whether Miller would defy a final court order and
commit the crime of contempt and thereby obstruct an investigation of persons who may have compromised classified information.
5. Also on the importance of Miller's testimony, in that same pleading, Fitzgerald states:
If Miller persists in unlawfully depriving the grand jury of her prospective testimony and documents, which the Court of Appeals found to be “both critical and unobtainable from any other source” and necessary to an effort “to remedy[] a serious breach of the public trust,” she will frustrate the purpose of this national security investigation where the Court of Appeals noted the “gravity of the suspected crime.”