I don't think Ted Olson's connections are going to sway the Court. But what the change does accomplish is allow each to make their own argument in separate filings - kind of like having two bites of the apple, or at least, twice as many pages in which to make the argument.
Of course, maybe Olson thinks Cooper has a stronger case than Miller. Miller never actually wrote about Valerie Plame. She may have gotten the informaton while researching an article-- or maybe she got the info gratis, as gossip. Also, this is the Government's second subpoena of Cooper, and he complied with the first one. Maybe Ted Olson sees some wiggling room there.
The Government has agreed not to oppose either reporter's request for a stay of any jail sentence pending review by the Supreme Court. You can read the text of the order being appealed here (pdf).
Clients facing jail change lawyers for all sorts of reasons. Maybe Abrams was not providing a rosy-enough outlook on the Supreme Court action, so Cooper shopped around for someone who was more positive about his chances. Cooper, in interviews that I've seen and read, has appeared more agitated by the prospect of jail than Miller. He's attributed his agitation to not knowing what to tell his young son. The New York Times quoted him (2/16/05):
He said he was not dwelling on the chance that he might go to jail, and had yet to explain his situation to his 6-year-old son. ''Why worry him until you have to?'' Mr. Cooper said. ''I'm teaching him about respect for the law and the rule of law, and it's hard to explain why Daddy finds himself in a legal predicament.''
On a related note, it's still not known what course of action Robert Novak took with respect to the grand jury. Here are the unanswered questions as I viewed them in February, when the Court of Appeals ruling came down:
Did Novak get a subpoena? Did he take the 5th? Was he immunized and did he sing? Or, has special prosecutor Fitzgerald been dragging his feet in seeking an immunity order for Novak while he exhausts all other avenues? Who does Fitzgerald have in his cross-hairs besides Libby, who has waived all confidentiality privileges?
If Novak took the 5th, for what crime did he take it? Most people agree his publicizing Plame's identity was not a crime. The law prohibits disclosure by those with authorized access to classified information and the like, not to journalists, unless they habitually make such disclosures. Was there a cover-up attempted - did Novak initially agree to one?
Finally, on an unrelated but interesting note, Cooper is married to former Clinton advisor Mandy Grunwald. He also moonlights as a stand-up comedian.
