independent counsel made this decision subject to developments that could have warranted reopening his inquiry, including testimony by clair e. george, the cia's former deputy director for operations. at the time independent counsel reached this decision, the possibility remained that george could have provided information warranting reconsideration of gates' status in the investigation. george refused to cooperate with independent counsel and was indicted on september 19, 1991. george subpoenaed gates to testify as a defense witness at george's first trial in the summer of 1994, but gates was never called.