The WaPo makes news and reports it today in the Plame investigation. Tucked away at the bottom of a story about a gag order in the case is this:
In a related development, The Post yesterday was subpoenaed by Libby's defense team to produce records related to the case that the newspaper had not turned over to Fitzgerald. Eric Lieberman, a counsel at The Post, said the newspaper would comply by providing Libby with a complete copy of a memorandum by Assistant Managing Editor Bob Woodward from his interview with Libby on June 27, 2003.
Woodward has said Libby spoke in the interview about the same intelligence report he discussed with other journalists. "This action does not pose legal or journalistic concerns to The Post or Mr. Woodward," Lieberman said.
This actually raises more questions than it answers. First, the Washington Post was not among the original group of news organizations cited as receiving subpoenas. Secondly, there does not seem to be any record of the WaPo subpoenas on PACER, although filings related to the others can be found.
A likely answer - the PACER filings, as Jeralyn noted, relate to the organizations that are *contesting* their subpoenas; the WaPo seems to be in a negotiating mode. But wouldn't the defense want more than Woodward's notes about his interview with Libby?
I can think of two reasons for the WaPo to be cooperating. First, as a strategic matter the NY Times did not help the journalistic community with their losing defense in the Judy Miller case. The Times legacy there is a series of court rulings that will make it harder for the next journalist to fight a subpoena. The WaPo may be trying to play it smart by negotiating, giving in gracefully, and avoiding the creation of ghastly new legal precedents.
Secondly, the Wapo knows some things the rest of us here among the great unwashed do not. Walter Pincus has said that he thinks the talk of a crime is overdone, and that the motive of the person who leaked to him was not to punish Joe Wilson, but to get the press to ignore him (Hmm, for Wilson that might be the ultimate punishment - what a diabolical genius that Karl Rove is!).
Secondly, Bob Woodward (and presumably his editor) knows who it is that leaked to him in mid-June - Richard Armitage of the State Dept is a likely candidate. Woodward has also been critical of the Fitzgerald investigation, and has reported that the CIA did not find any great damage to have resulted from the Plame leak.
Add it up, and the WaPo may not see a reason to fight.
Since the Bush Admin is threatening to take the NY Times ands the WaPo to court over the NSA leak and the CIA prison leak respectively, I suspect they have extra incentive to tip one way.