Special Prosecutor Patrick Fitzgerald took a gamble three years ago that White House press secretary Ari Fleischer might break open his leak investigation.
As Fitzgerald's inquiry was heating up into who revealed CIA operative Valerie Plame's name to reporters, Fleischer stepped forward with an offer -- give me immunity from prosecution and I will give you information that might help your case.
What prosecutors did not know was that Fleischer was one of the leakers. And without immunity, he refused to talk. Not even a hint.
Prosecutors normally insist on an informal account of what a witness will say before agreeing to immunity. It is known in legal circles as a proffer, and Fitzgerald said on Thursday that he never got one from Fleischer.
"I didn't want to give him immunity. I did so reluctantly," Fitzgerald said in court.
"I was buying a pig in a poke," he said.
Once the deal was struck in February 2004, Fleischer revealed that he had discussed the CIA officer Valerie Plame with reporters in July 2003, days before leaving his job at the White House.
Fleischer, who made a brief appearance at the courthouse on Thursday, is expected to testify early next week that he learned that Wilson's wife worked for the CIA from Lewis "Scooter" Libby, a former top aide to Vice President Dick Cheney.
surfaced
Fleischer's vague immunity deal surfaced during Libby's trial on charges of lying and obstructing Fitzgerald's investigation into who outed the CIA agent. Plame is married to former ambassador Joseph Wilson, who a prominent critic of the US President George W. Bush administration's war policy.
The Fleischer gamble is the second arrangement prosecutors are known to have made with leakers in the leak investigation.
At the onset of the case, former deputy secretary of state Richard Armitage said he told authorities that he was the source behind columnist Robert Novak's story that outed Plame and triggered the investigation.
Fitzgerald has not discussed the arrangement with Armitage but said that he immunized Fleischer believing only that he had "relevant information."
The deal Fitzgerald made was unusual enough that Libby's defense lawyers questioned whether it could be true. They suggested that Fitzgerald got a secret summary of Fleischer testimony -- a deal they want to discuss with jurors when Fleischer takes the stand against Libby on Monday.
Defense attorneys said they will ask Walton to force Fitzgerald to reveal what Fleischer promised him. Fitzgerald told US District Judge Reggie Walton that no promises were made.
"We got no specifics," he said.
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