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What Is The "Waiver" Nonsense?

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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-17-05 11:24 AM
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What Is The "Waiver" Nonsense?
Reading in another damming article about Rove just a few moments ago I ran across this statement:

"Cooper testified on his conversations with Rove under court order before the grand jury to avoid going to jail, and had received a last-minute waiver from Rove allowing him to break a confidentiality pledge."

It seems to me patently absurd that any sort of waiver was required to allow someone to comply with a lawful order to testify before a court. A Private contract between Rove and Cooper is certainly no bar to a Grand Jury's proceedings.

So what is this nonsense about a waiver? People act like its means something when it doesn't seem to me to be of any importance at all.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-17-05 11:29 AM
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1. It was Cooper's personal decision not to testify and keep his
promise of confidentiality to his source. Cooper said "his source, through his attorney, gave him specific permission to testify and release him from that promise.

Legally it doesn't take a waiver, but Cooper opted to defy the court order and go to jail if necessary in order to protect what he sees as a promise of anonymity to past, current and future sources.
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rfranklin Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-17-05 11:30 AM
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2. rove spoke to Cooper "on background"
Cooper's implicit promise was to maintain confidentiality as to the source of the information. Rove said "I release you from that agreement" so that Cooper could testify without breaching the journalistic code of honor.
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Joey Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-17-05 11:34 AM
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3. Who gave Rove 'Waiver' authority?
Rove is drunk with power. He reminds me of an incompetent and corrupt wanna be Roman emperor.
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Garbo 2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-17-05 12:41 PM
Response to Reply #3
4. You or I would have "waiver authority" if we spoke to a journalist on
the condition that the reporter agrees not to reveal our identities. We could later waive confidentiality if we wished.

In this case Rove signed a blanket waiver of confidentiality for all reporters but Cooper wanted a specific waiver from Rove before he would testify. Rove's attorney gave him one, which according to Rove's attorney was simply a "reaffirmation" of the earlier blanket waiver.
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