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Prosecutor Addresses Jail Requests for Judith Miller

DC Jail

As I wrote earlier today, Fitzgerald is playing hardball with Matthew Cooper and Judith Miller in terms opposing home detention. I have just finished reading Fitzgerald's 14 page motion (pdf), and see that he also opposes a federal prison camp for Miller. He either wants her to go to the D.C. jail or a federal detention facility.

That forms of confinement other than jail in the district where the grand jury sits may be possible does not mean that this is an exceptional case warranting a special form of confinement. Like any other contemnor, Miller should be confined in a federal detention facility so as to produce the coercive effect contemplated by 28 U.S.C. § 1826.

Federal detention centers are not much different than maximum security facilities. They house people who cannot make bond or who are denied bond - including those accused of violent persons.

In fact, Fitzgerald doesn't want the Judge or the Bureau of Prisons (BOP) to make the designation at all - he wants it left up to the U.S. Marshal's Service:

As for the BOP regulations concerning designation of BOP facilities for the service of civil contempt confinement, by their terms the regulations state that the U.S. Marshal’s Service “has primary jurisdiction in federal civil contempt commitments.” 28 C.F.R §522.11(a). Request by a court for designation is ordinarily because local jails are not suitable because of medical or security reasons. 28 C.F.R. § 522.11(b). The regulations contemplate that referrals to the BOP will be “occasional[].” 28 C.F.R. § 522.10. In any event, confinement of a witness usually should be near the location where the grand jury sits. Thorton, 560 F.Supp. at 185.

Then there's this:

Miller also argues that “while we do not believe we can argue in good faith that Miller’s physical health requires imposition of home detention,” there are certain circumstances which “militate in favor of a home detention setting for health reasons.” Motion at 12. We do not dispute the accuracy of the sealed filings concerning Miller’s health conditions, nor those concerning her husband. Suffice it to say, however, that her health circumstances obtained when Miller was dispatched to Iraq during the conduct of a war. Certainly one who can handle the desert in wartime is far better equipped than the average
person jailed in a federal facility.

Miller argues without elaboration that the D.C. Jail would “be unduly dangerous for a woman in [her] situation.” The motion provides no evidence that the U.S. Marshal’s Service cannot carry out its mission of safely confining a civil contemnor. Special Counsel has no personal knowledge of the conditions in the D.C. Jail for female detainees, or the manner in which the United States Marshals Service and the Bureau of Prisons generally handle civil contemnors in the District of Columbia. Accordingly, Special Counsel defers to the Court’s judgment and experience in determining whether Miller should be confined to the D.C. Jail or some other nearby federal facility. Unless confinement in the D.C. Jail would expose Miller to unacceptable risks, however, it would be inappropriate for Miller to
receive any special treatment not provided to other contemnors.

My Prediction: The Judge will not put her in the D.C. jail. But she may end up in the federal detention center in MDC Brooklyn or MCC Manhattan.

Brooklyn

New York

Another possibility unless the rules prohibit it could be a community corrections facility in Brooklyn or Anapolis- but that's a longshot in my opinion.

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    So why aren't the Feds going after Robert Novak? Wasn't he the one who actually broke the story, willingly participating in the "outing" of Plame and the punishment of Wilson for telling the truth? John Shaw link

    Re: Prosecutor Addresses Jail Requests for Judith (none / 0) (#2)
    by DawesFred60 on Sat Dec 17, 2005 at 01:00:52 PM EST
    John is right.

    Liberals demanded that the culprit be caught for revealing the identity of the CIA agent. Now that prosecutor Fitzgerald is playing hardball to get to the bottom of it, Liberals are complaining about how harsh he is to reporters. Can't have it both ways.

    Re: Prosecutor Addresses Jail Requests for Judith (none / 0) (#4)
    by Sailor on Sat Dec 17, 2005 at 01:00:52 PM EST
    FfJ, I'm what you so quaintly label 'lib', and I want to see miller in an orange jumpsuit and belly chains, like anyone else in that predicament. OR I want to see no prisoner who isn't a flight risk or dangerous treated like that. As the prosecutor said, it's meant as punishment so they'll talk. I think that concept sux. As far as 'libs' complaing about their treatment, not even most reporters or editors think a blanket 1st Amend shield should exist for the press. See, one of the differences between the left and right, (and those lables suck too) is the right seem to all march in lockstep and repeat the exact same talking points over and over, while 'lefties' have a lot of different POVs and frequently disagree with each other. This isn't an inchoherence on 'our' side, but rather an acknowlegement of our diversity, and a willingness to respect other's viewpoints.

    a post that makes no sense and ignores the history of this case-the liberal papers wanted this investigated to the ends of the earth(including the NYT). now it is reaching back to bite them in the rear and they whine. how does this show the great intellectual diversity of the left? as for talking points, I don't see a great deal of new thoughts here, unless "america bad, anything against america good" counts as the height of intellect.

    Bang... that is the number one republican talking point right there: "Why do liberals/democrats/artists/atheists/the press/professors hate america?" I would like you to link one post where us "lefties" ever said "america bad, anything against america good". And do not confuse the president or the war to be America, because few of us support either of those.

    Re: Prosecutor Addresses Jail Requests for Judith (none / 0) (#7)
    by jen on Sat Dec 17, 2005 at 01:00:53 PM EST
    Why all this hubub about what 'libs' or 'wingers' want or dont want, what about Mr. Shaw's ORIGINAL QUESTION??
    So why aren't the Feds going after Robert Novak? Wasn't he the one who actually broke the story, willingly participating in the "outing" of Plame and the punishment of Wilson for telling the truth?
    I am curious about that myself. I can only assume Mr Novak gave up his source without hesitation. Is there another reason?

    Perhaps Novak pleaded the 5th?

    Re: Prosecutor Addresses Jail Requests for Judith (none / 0) (#9)
    by Dadler on Sat Dec 17, 2005 at 01:00:53 PM EST
    Novak actually died a few months ago. They've been using his hide stretched over an animatronic frame since then. Can't indict a robot.