Former New York Times reporter contradicts Libby

Story Highlights

• Ex-reporter: Libby identified CIA operative earlier than date he gave in testimony
• Conversation was weeks before Libby told investigators when he learned name
• White House lawyer testifies that Libby said he wasn't source of leak

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WASHINGTON (CNN) -- A former New York Times reporter testified Tuesday that I. Lewis "Scooter" Libby told her the identity of a CIA operative weeks before Libby told investigators he had learned of the agent's identity.

Judith Miller told the court that Libby told her on June 23, 2003, that the wife of a Bush administration critic worked at "the bureau," or CIA. That testimony contradicts Libby's comments that he didn't learn of the woman's identity as an agent until July.

Miller also testified that Libby talked about Valerie Plame Wilson's identity at a second meeting two days before the former chief of staff for Vice President Dick Cheney says he learned of her identity. (Watch how the timeline is key )

In 2005, while still a reporter for The New York Times, Miller spent 85 days in jail because she refused to testify before a grand jury investigating who outed Wilson. It is a crime to knowingly reveal the identity of an undercover intelligence agent.

Miller was released from jail and testified before the grand jury after Libby signed a waiver allowing her to name him as her source.

Libby is accused of lying to the grand jury and FBI agents when he told them he learned of Wilson's identity from NBC reporter Tim Russert on July 10, 2003.

Prosecutors contend Libby learned of Wilson's CIA role from inside government.

Wilson's name and occupation were made public in a column by Robert Novak on July 14, 2003. Libby is not charged with leaking Wilson's name or CIA connection.

If convicted on all counts, Libby could face a maximum of 30 years in prison and $1.25 million in fines.

Miller told Special Counsel Patrick Fitzgerald she didn't recall any discussion on the day she met with Libby of whether Wilson was a covert agent. But, she said, Libby referred to Valerie Plame Wilson's husband, Joe Wilson, as "a clandestine guy."

Asked whether Libby indicated whether he learned of Wilson's identity from other newspaper reporters, Miller replied, "He did not."

Prosecutors are trying to portray Libby as someone who used lies and deception in his ranking position at the White House to try to discredit Joseph Wilson.

Joseph Wilson, a former career diplomat, had written a New York Times op-ed piece challenging a key element of the administration's case for war, that Iraq had sought uranium from Niger for a nuclear weapons program.

Libby's lawyers blame bad memory for any discrepancies in what Libby told investigators and the grand jury, and they say he may have been distracted by urgent national security matters.

Witnesses have memory problems

So far, several witnesses, including former White House Press Secretary Ari Fleischer, who testified Monday, have acknowledged having trouble remembering certain events and conversations surrounding the trial.

In other testimony, Miller said Libby told her the CIA seemed to be backing off from prewar assessments used to help justify the Iraq invasion.

"He appeared to be agitated, frustrated and angry," she said. "He's a very low-key and controlled guy. But he seemed annoyed, and what he said seemed to indicate I was correct in that perception."

Miller said she was among several Times reporters looking into whether intelligence indicating that Iraq had weapons of mass destruction was "flawed or distorted -- as to why weapons of mass destruction were not being found in Iraq."

"Mr. Libby seemed really unhappy and irritated about the fact [and] accused the CIA of leaking information that would cast -- that would distance the agency from its earlier evidence," Miller testified.

Such weapons were never found, leading war critics to accuse the Bush administration of fabricating information before the March 2003 invasion.

"He was concerned that the CIA was trying to backpedal, to distance itself from the unequivocal intelligence estimates through what he called 'a perverted war of leaks.' " Miller testified.

Miller: Libby seemed upset

She said Libby also was upset that Joseph Wilson had gone to Niger at the request of the CIA to determine whether the African nation was providing nuclear material to Iraq. Wilson reported in that there was no link.

In cross-examination, defense attorney William Jeffress questioned Miller's memory, whether she depended on her notes or if she had a good memory without them. She indicated her memory was "note-driven."

The defense asked Miller if she could name any sources with whom she discussed Joseph Wilson. The question led to a bench conference with Judge Reggie Walton and attorneys from both sides.

Prosecutor Patrick Fitzgerald argued that the question was irrelevant to the case at hand, but the defense argued that it was relevant to their attempt to discredit Miller and her memory of events.

Walton listened to the arguments then stopped the trial for the day, saying he would rule on whether to allow the question when court resumed Wednesday morning.

The defense has argued that Libby did not lie when he said he learned of Valerie Plame Wilson's identity from Russert but simply had forgotten when and how he learned it.