By October 2004, Fitzgerald announced he was "for all practical purposes" finished. The final pieces he wanted were the testimony of Miller and Cooper, who had each discussed Plame with either Rove or Libby. Using a provision that allowed the submission of evidence in secret, Fitzgerald persuaded U.S. District Judge Thomas F. Hogan, a Reagan appointee, to order the reporters to testify or face jail for contempt.
Miller and Cooper appealed, but three judges of the U.S. Court of Appeals backed Hogan, including Clinton appointee David S. Tatel, considered one of the most liberal voices on the court. Public copies of Tatel's opinion included blank pages where the judge discussed the secret evidence. He called Fitzgerald's investigation "exhaustive" and said the testimony of the two reporters "appears essential to remedying a serious breach of public trust."
Cooper testified after losing the appeal and receiving a confidentiality release from Rove. When Fitzgerald rejected a compromise that would have kept Cooper from facing the grand jury, he insisted that he was not out to get reporters or dismantle the First Amendment, despite accusations from some constitutional lawyers and editorial writers that he was doing just that.
"It's not personal," Fitzgerald said, according to Sauber. "It's my job."
http://www.washingtonpost.com/wp-dyn/content/article/2005/10/23/AR2005102301028_3.html