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Timing is important. Yesterday, the New York Times ran an editorial supporting jailed New York Times reporter Judith Miller. As if arguing to the Judge, the paper declared that Miller should be freed, because if she hasn't talked by now, she isn't going to talk. Under the civil contempt statute, the Judge may release an imprisoned contemnor if satisfied that the person won't talk, no matter what.

Judith Miller's lawyers have not filed a motion seeking her release. Miller attorney Floyd Abrams appeared on CNN's Lou Dobb's show yesterday. He denied that Miller was acting out of self-interest or for any reason other than her principled stand that journalists' sources must be protected.

At Huffington Post today, Arianna takes a look at the New York Times handbook on ethical standards (pdf) for its reporters. She writes:

"The Times's policy does not permit the granting of anonymity to confidential news sources 'as cover for a personal or partisan attack.'" So which is it, Times editors? Let's give Judy the benefit of the doubt for a minute and accept that she was a catcher, not a pitcher. Then, according to her own paper's ethical standards, if the person pitching to her is doing it for partisan reasons -- and is anybody doubting that? -- then there is no "granting of anonymity".

Arianna asks,

"Will the preemptive PR work and keep Judy from being charged with criminal contempt? Stay tuned..."

My questions are: Why are the Times and Abrams coming out now, in August, when the grand jury isn't set to expire until October? Has Abrams been told Fitzgerald is ready to file criminal contemmpt charges against Miller now if she doesn't change her mind and cooperate? If Miller were to accept Fitzgerald's offer now, he would still have time to evaluate her information and call more witnesses if necessary. If he waited until the final days of the grand jury to make Miller his final offer, there might not be time enough remaining to tie it all together and present indictments to the grand jury.

Next question: Fitzgerald has previously said that Judith Miller was single-handedly derailing the investigation. Is it possible that if Judith Miller turns down his final overture, she will be the only one indicted by Fitzgerald and he will say that without her testimony, there was insufficient evidence to indict anyone else - even for perjury or making a false statement? Does he need her testimony that she was not the source for Rove or Libby to put the final nail in the coffin of Rove's claim that he learned of Valerie Plame's covert status from a journalist? All the other journalists have already talked and denied being Rove's source prior to the time he allegedly told Matthew Cooper, "Yeah, I heard that too." Miller may be the only one left who could have told Rove (or Libby) and if she is ruled out, then Fitzgerald may have his case that Rove lied to federal investigators and/or the grand jury.

And, if as Arianna puts it, Miller was the "catcher not the pitcher," is she the only one who can make the case for Fitzgerald that Rove or Libby leaked the contents of the classified June memo that reached Colin Powell on Air Force One the day the plane took off for Africa?

Or, is she the only one who can establish there was a plan to out and discredit Plame, because multiple sources within the Administration told her about the "boondoggle," as Walter Pincus called it.

Fitzgerald has said he knows the identity of Miller's source. The subpoenas directed to her asked for information from a specific White House official - Lewis Libby. She has said she doesn't want to talk because she believes, based on what Fitzgerald did to Matt Cooper, that Fitzgerald will then insist on asking her about other sources. Who are these other sources, what did they show her or tell her, and how high up the (presumably Cheney) chain of command do they go?

As Arianna says, stay tuned.

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    Re: Is a Criminal Contempt Charge Looming for Judi (none / 0) (#1)
    by owenz on Sat Dec 17, 2005 at 01:02:23 PM EST
    Damn right, Judy is worried about her other sources. Is there a reporter alive with more shady, compromised, dubious sources than Judie? Fitzgerald has specialized in government corruption trials in the last few years. Once he starts going through her fat rolodex, his need to ask more questions may become overwhelming.

    Re: Is a Criminal Contempt Charge Looming for Judi (none / 0) (#2)
    by theologicus on Sat Dec 17, 2005 at 01:02:25 PM EST
    Oy Veh! And where does John I-was-in-prison-and-you-visited-me Bolton fit in?

    Re: Is a Criminal Contempt Charge Looming for Judi (none / 0) (#3)
    by squeaky on Sat Dec 17, 2005 at 01:02:25 PM EST
    My guess would be comtempt charges are coming down the pike and the rats smell it. Even though I could not bring myself to read Dole's puke, I recognize that he is heavy defensive artillery. I did read the NTY sickly sweet editorial. That kind of perfume is only used doused to mask something very rotten. Judith Miller and Cindy Sheenan each are lightningrods for America's disgust with Bush. Miller, representing lies and unnacountability, is hated for her warmongering collusion with traitors; Sheehan, representing truth and accountability, is loved as the victim of those policies and for the unyeilding focus on demanding real answers. Juilette and Justine again; hopefully this time there will be a different ending to that old story.

    Arianna says today: And Fitzgerald is clearly not happy with Judy. Indeed, both Fitzgerald and Judge Hogan have spoken in open court about the possibility of charging Miller with criminal contempt -- and, at a July hearing, Fitzgerald described Miller as "breaking the law" and having committed a "crime." How did we miss that? It just reaffirms my theory that Judy's covering her need for the 5th amendment by asserting the 1st amendment. I think Fitzgerald's waited long enough for the criminal contempt charge but on the other hand, to show he really means business, he could charge Judy right before she was to be released and then extend the Grand Jury for another 6 mos. The closer we get to 2006 elections the better, as far as I'm concerned.

    Re: Is a Criminal Contempt Charge Looming for Judi (none / 0) (#5)
    by DawesFred60 on Sat Dec 17, 2005 at 01:02:26 PM EST
    One word.."Yes".

    Re: Is a Criminal Contempt Charge Looming for Judi (none / 0) (#6)
    by CMike on Sat Dec 17, 2005 at 01:02:26 PM EST
    TalkLeft said: Does he need her testimony that she was not the source for Rove or Libby to put the final nail in the coffin of Rove's claim that he learned of Valerie Plame's covert status from a journalist? Are you saying that Fitzgerald does not want to get hung out to dry at trial and therefore wants to tie up this loose end? Or are you saying that if defendent A said I heard it from somebody - "I'm not sure who; B, C, D or E," - that a prosecutor has to disprove that by getting statements from B, C, D and E? I don't get what you're saying the prosecutor needs to do here to prove illegality beyond showing that someone had access to classified information and passed that information on to someone not entitled to have it. Wouldn't the burden shift to the accused to prove he gained the information from another source? Otherwise it seems someone could always say, "I didn't read the classified document, I just learned that information from a conversation I overheard involving people I can't identify."

    Re: Is a Criminal Contempt Charge Looming for Judi (none / 0) (#7)
    by squeaky on Sat Dec 17, 2005 at 01:02:26 PM EST
    CMike- Perhaps he is going after perjury charges and needs two corroborating witnesses.