I keep reading about how Judith Miller is upholding some noble journalistic principle by refusing to divulge her sources to the grand jury investigating the Valerie Plame leak. The problem is she has invoked no such privilege.
It has been widely reported in the media that several other journalists were also subpeonaed to appear before the grand jury, and most of them reached an accommodation with prosecutor Fitzgerald whereby they would appear but would not be required to divulge their sources.
Miller apparently sought no such arrangement. She simply thumbed her nose at the subpeona as if she enjoyed some special privelege to defy the grand jury entirely. Most people would classify that behavior as contempt of court regardless of the merits behind Miller’s stated determination to protect the principle of confidentiality.
The question people ought to be asking is why doesn’t Miller answer the subpeona and then simply invoke a onstitutional privilege if asked about her sources? The very worst that could happen to her is she would be cited for contempt and would be no worse off than she is now.
I would respectfully suggest that Miller has a different agenda, and her public stance and “selfless martyrdom” are a smokescreen. It has been widely rumored (and hinted at by Fitzgerald) that Miller herself is a target of the grand jury probe. It has even been suggested that it was Miller who alerted the White House on the day that Joe Wilson’s New York Times op-ed piece came out, that Valerie Plame was really Mrs. Valerie Plame Wilson. Obviously there is nothing stopping Miller from answering the subpeona and invoking a constitutional privelege if asked about news sources. On the other hand, she would not be able to invoke such a privelege if asked about her own complicity in the outing of Valerie Plame.
Instead of clamoring to defend Miller’s defiance of her subpeona, her defenders ought to be encouraging her to appear before the grand jury and invoke her claim of privilege there rather than in front of TV cameras. Personally I think the lady doth protest too much. Does she have something to hide?
Would you speculate about what you think Miiller’s agenda is?
P.S. Has anyone read anything about how she’s doing in jail? (For the record: I wouldn’t wish that on anyone except for the few truly dangerous people.)
I think I did speculate on her agenda. I think she is a target of the grand jury and is using the shield issue to avoid appearing before them because if she does appear and ask her about her own culpability in this matter she will very likely have to claim the fifth since there is no press shield precedent that would protect her.
As for prison, I am sure it is not pleasant, but I have absolutely no sympathy for her. She made this bed, and she has to sleep in it. Prison is certainly preferable to a grave, and that is the price thousands have paid for the the Iraq War which her bogus reporting helped bring about.
I’m puzzled. Why wouldn’t the White House be aware of this?
I think the neo-con agenda here is to establish some kind of protection for using this sort of “leak” to punish their enemies. In order to do that, they have to either create a precedent of journalistic immunity, or create a situation that’s an excuse for passing a journalistic immunity law. (Such as an innocent journalist being punished by an overzealous special prosecutor.)
I am not saying they were not aware of it, but it is also possible that Wilson was not yet on their radar screen. Apparently one of the things Fitzgerald is curious about though is a communication Miller had with an unnamed “government official” on June 6, 2003, the date Wilson’s op-ed piece appeared in the Times.
Right now there is all manner of speculation as to just what, if any, role Miller played in outing Plame. I do think, though, that she would answer the subpeona and simply refuse to divulge her sources if she thought that was all the grand jury was interested in questioning her about. That course would put her at risk of a contempt citation, but the path she chose guaranteed it. Why would she do that?
This diary is another good treatise. Title: Watergate vs Plamegate
I think I will have to agree with that diarist. Thanks Susan. Sure put is where I was thinking….:o)
The theory I wrote on DKos last night was Miller is the source for the White House and her source is possibly
John Bolton.
Here’s a theory from Talking Points Memo Café where they (some lawyers, too) are discussing “What’s Up With Bob Novak?”
LINK
See Michael Wasserman’s comment.