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A Leak Probe Gone Awry (Wilson, Plame)
New York Times ^ | September 27, 2004 | Editorial

Posted on 09/27/2004 6:16:05 AM PDT by OESY

When the Justice Department opened an investigation a year ago into the question of how Robert Novak obtained the name of a covert Central Intelligence Agency operative for publication in his syndicated column, we expressed two basic concerns. The first was the need for an independent inquiry led by someone without Attorney General John Ashcroft's ultra-close ties to the White House. That was addressed belatedly with the naming of a special prosecutor, Patrick Fitzgerald, to pursue the accusations that unnamed Bush administration officials illegally leaked the woman's undercover role in an effort to stifle criticism of Iraq policy by her husband, former ambassador Joseph Wilson IV.

Unfortunately, our second, overriding fear has become a reality. The focus of the leak inquiry has lately shifted from the Bush White House, where it properly belongs, to an attempt to compel journalists to testify and reveal their sources. In an ominous development for freedom of the press and government accountability that hits particularly close to home, a federal judge in Washington has ordered a reporter for The New York Times, Judith Miller, to testify before a grand jury investigating the disclosure of the covert operative's identity and to describe any conversations she had with "a specified executive branch official."

The subpoena was upheld even though neither Ms. Miller nor this newspaper had any involvement in the matter at hand - the public naming of an undercover agent. Making matters worse, the newly released decision by Judge Thomas Hogan takes the absolutist position that there is no protection whatsoever for journalists who are called to appear before grand juries.

This chilling rejection of both First Amendment principles and evolving common law notions of a privilege protecting a reporter's confidential sources cries out for rejection on appeal, as does the undue secrecy surrounding the special prosecutor's filings in the case.

Mr. Novak has refused to say whether he received a subpoena. But other journalists have acknowledged getting subpoenas and some have testified about their contacts with I. Lewis Libby, Vice President Dick Cheney's chief of staff. They say they did so based on his consent, but consent granted by government employees under a threat of dismissal hardly seems voluntary. Once again, none of these journalists were involved in the central issue: the initial public identification of Mr. Wilson's wife.

If an official at the White House intentionally triggered publication of the name of a C.I.A. operative to undermine Mr. Wilson's credibility and silence criticism of Iraq policy, it was a serious abuse of power. The legacy of the investigation should not be a perverse legal precedent that makes it easy for prosecutors to undo a reporter's pledge of confidentiality, thereby discouraging people with knowledge of real abuses to blow the whistle to the press.


TOPICS: Culture/Society; Editorial; Foreign Affairs; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: ashcroft; bush; cia; cialeak; firstamendment; fitzgerald; freedomofthepress; iraq; josephwilson; judithmiller; justice; libby; newsmedia; newyorktimes; novak; plame; wilson; yeloowcake
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To: Just mythoughts
Joe Wilson said that he did not know who sent him to investigate "yellowcake" and he would not know them if he met them on the street.

So, what really happened? One morning he opened his box of cereal and out popped instructions and an airline ticket?

HELLO!!!!!

81 posted on 09/27/2004 8:53:56 AM PDT by liberallarry
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To: liberallarry
"So, what really happened? One morning he opened his box of cereal and out popped instructions and an airline ticket?

HELLO!!!!!"


When I heard him say this that was my question. I heard him say he did not know who sent him and he would not recognize them if he met them on the street.

Interesting isn't it he never sent a report to the CIA, no he sent his report to the NYTimes. Wilson knew allllll about supposed forged/fake documents that have now been accused of being done by an Italian at the behest of the French government.
82 posted on 09/27/2004 8:57:33 AM PDT by Just mythoughts
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To: liberallarry
Miller is being forced to reveal her sources of information relevant to Plame's outing.

It may be the information she has is more to do with the type of investigation that is normally conducted in the area of inquiry Wilson claims to have conducted, and other matters in that area, not Plame's "outing" per se.

Plame's occupation is considered classified information by the government...whether or not you agree.

It's not a matter of agreeing. It is a matter you are in no position to state authoritatively. There is evidence it was not classified, so we shall see.

You mean you really can't see that you're applying one standard to Novak and another to Miller? You can't think at all. LOL...a fool's cackle.

I don't see Miller and Novak's roles as the same since Miller didn't write an article explaining how and why Wilson was sent off to Niger. I have said nothing derogatory about Miller. I've been plain that I don't see any evidence she has done anything wrong, nor has Novak. How you conclude that is applying a different standard is beyond me. Cackle all day long, but you failed to explain this line of "reasoning".

Yes.

But I can't be sure and neither can you since his instructions have never been made public, nor has his report, nor the reports of the Ambassador to Niger or of General Fulford.

Are you not aware that the 9/11 Commission (even they) found Wilson's representations to be false? My observation that standing by the position that Wilson was forthright and honest in his representation of his trip is an absurd one is accurate.

83 posted on 09/27/2004 8:58:32 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: liberallarry

There is not one post that indicates a wish that Judith Miller go to jail.


84 posted on 09/27/2004 8:59:47 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: cyncooper
Since the reporters who have fought subpoenas have been publicized and Novak's name has not been among them I will guess he fulfilled his statement that he would cooperate.

I would guess he's not been called or been called and refused to cooperate. If he'd revealed his sources he would certainly have told them and they'd be responding.

85 posted on 09/27/2004 9:00:40 AM PDT by liberallarry
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To: liberallarry
I would guess he's not been called or been called and refused to cooperate.

If he's been called and refused to cooperate, precedent indicates he would have been held in contempt like Russert and Cooper were. He may not have been called at all, but I find that unlikely.

86 posted on 09/27/2004 9:05:33 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: cyncooper
There is not one post that indicates a wish that Judith Miller go to jail.

Post #s 1,2,6,8,9, and 12 (that's as far as I got) all say (cheer) that the New York Times reporter should be forced to testify. Only 6 said clearly that that rule should apply to all reporters. When I brought up Novak there was clear discomfort among quite a few, you even attempting to say he should not be subjected to the same treatment as Miller.

87 posted on 09/27/2004 9:08:47 AM PDT by liberallarry
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To: cyncooper
Yes, CBSDNCGeorgeSoros'toadiesKerryCampaign are not the only rats coordinating attacks, excuse me, I meant political ads. The coordination efforts appear to be international--no surprise there either.

So I suspect #5 in your link is a picture of a lady and her lawyer. Will stay tuned for further developments. Thanks.

88 posted on 09/27/2004 9:11:31 AM PDT by Sal
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To: cyncooper
It may be the information she has is more to do with the type of investigation...

I can't make any sense of this. Perhaps if you elaborated...

It's not a matter of agreeing. It is a matter you are in no position to state authoritatively.

At this point it's considered classified. That's why there's such an elaborate investigation.

I've been plain that I don't see any evidence she has done anything wrong, nor has Novak

So the entire investigation is nonsense...simply because you believe that Plame's occupation was not classified? Meanwhile, however, Miller will certainly go to jail if she doesn't reveal her sources.

89 posted on 09/27/2004 9:14:54 AM PDT by liberallarry
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To: liberallarry

I've already pointed out the error of your equating testifying with being complicit in wrongdoing.

I can't be more plain than that. If I witness a crime and testify that does not mean I'm going to jail.


90 posted on 09/27/2004 9:17:17 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: cyncooper
If he's been called and refused to cooperate, precedent indicates he would have been held in contempt like Russert and Cooper were. He may not have been called at all, but I find that unlikely

What I find unlikely is that the sources wouldn't have revealed themselves by now. Most unlikely. If they had done nothing wrong they certainly would have...and spared everyone this immense time, trouble, and expense.

91 posted on 09/27/2004 9:17:20 AM PDT by liberallarry
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To: OESY
The Constitution does not grant the press the right to some privilage on sources. The press made that one up themselves and have nurtured it over the years to the point where they think it is cast in stone. They can say and print whatever they want, but there is no immunity for secret "sources". If they want to go to jail in order to protect their sources, that is their choice, but there is no special protection granted to the press.

They have abused their privilage to the point that it needs to be taken away until they learn to be a little more responsible with it.

92 posted on 09/27/2004 9:18:18 AM PDT by McGavin999 (If Kerry can't deal with the "Republican Attack Machine" how is he going to deal with Al Qaeda)
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To: liberallarry
you even attempting to say he should not be subjected to the same treatment as Miller.

That is false. What on earth are you talking about? I never said he shouldn't testify.

93 posted on 09/27/2004 9:18:22 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: liberallarry
I can't make any sense of this. Perhaps if you elaborated...

I said maybe the information Miller has to offer has nothing to do with Plame but about other matters pertaining to WMD investigation.

At this point it's considered classified. That's why there's such an elaborate investigation.

That's your assumption.

So the entire investigation is nonsense...simply because you believe that Plame's occupation was not classified? Meanwhile, however, Miller will certainly go to jail if she doesn't reveal her sources.

No, I never said the investigation is nonsense. If you'd open your mind instead of stubbornly sticking to dem talking points perhaps you'd see there's plenty to investigate, all of it legitimate and important to be looked into. I'm sure you can save your tears for Miller. The other reporters who were held in contempt worked out a deal and testified. I don't foresee her going to jail.

94 posted on 09/27/2004 9:22:17 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: OESY
This chilling rejection of both First Amendment principles and evolving common law notions of a privilege protecting a reporter's confidential sources cries out for rejection on appeal, as does the undue secrecy surrounding the special prosecutor's filings in the case.

First ammendment protection for me, but not for thee. The NYT pushed hard for Novak to reveal his source because the initial claims by Wilson were getting little traction and an accusation of spiteful leaking of a CIA agent against a Bush official would at least keep Wilson in the news. I'm really interested in what part the NYT reporter played in the story.

95 posted on 09/27/2004 9:23:38 AM PDT by Eva
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To: OESY
I guess the whole story is coming out anyway, so now it can be told - it was Valarie ("Jane Bond") Plame who Lt. Kerry was ferrying to Cambodia on Christmas 1968 and who gave him his happy hat.
96 posted on 09/27/2004 9:24:29 AM PDT by colorado tanker ("medals, ribbons, we threw away the symbols of what our country gave us and I'm proud of that")
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To: OESY
Making matters worse, the newly released decision by Judge Thomas Hogan takes the absolutist position that there is no protection whatsoever for journalists who are called to appear before grand juries.

The 5th Amendment protects one from self-incrimination, not from having to incriminate others.

This chilling rejection of both First Amendment principles and evolving common law notions of a privilege protecting a reporter's confidential sources cries out for rejection on appeal, as does the undue secrecy surrounding the special prosecutor's filings in the case.

This says it all, doesn't it? "... evolving common law notions of a privilege ..." The 1st Amendment doesn't really address anything of the sort. Nor is a judicial inquiry into a crime, somehow an abridgement by law of congress of the freedom of the press.

97 posted on 09/27/2004 10:10:29 AM PDT by Hermann the Cherusker
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To: cyncooper
Let me cut to the chase.

This investigation was begun to find out who outed Plame and why. That puts Novak at the heart of it. If he was called and revealed his sources its almost impossible to believe that wouldn't be public by now. So he hasn't been called. The most obvious reason is that some high government official did screw up badly and the Administration is trying to sit on it until after the election - probably by getting Fitzgerald to alter the older in which he called witnesses.

Now I support the Administrations foreign policy.
I believe they lied or distorted in order to gain approval for the conquest of Iraq. I support that as justified considering the stakes and the narrow window of opportunity presented by 911.
I believe that electing Kerry would be a disaster for the country.
Therefore I find myself supporting their efforts in this case too.
But it's increasingly uncomfortable. Machiavellian tools are infinitely dangerous...and their users must be a thousand times more clever than boy scouts.

And don't ask me to believe the tortured justifications that I hope others will believe.

98 posted on 09/27/2004 10:24:49 AM PDT by liberallarry
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To: liberallarry
If he was called and revealed his sources its almost impossible to believe that wouldn't be public by now. So he hasn't been called.

Goodness. He has stated his source was not from the Bush WH. I think it is likely his information led to the interesting widening of the investigation that has the Times heaving.

Your logic simply does not compute. "Be public now"? You wish. And coincidentally, so wishes the Times.

LOL

99 posted on 09/27/2004 10:41:07 AM PDT by cyncooper (Have I mentioned lately that I despise the media?)
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To: Just mythoughts
Clearly what he meant was that he didn't know the ultimate whys' and wherefores' of his mission. He didn't know who in the CIA and above had decided to authorize this mission and why. He only knew what his briefers told him.

Interesting isn't it he never sent a report to the CIA

Not true.

Wilson knew allllll about supposed forged/fake documents that have now been accused of being done by an Italian at the behest of the French government

This is important.

I don't think Wilson has ever revealed the specifics of his instructions. Tenet said that the CIA had reasons other than the forged documents to investigate Niger-Iraq yellowcake sales...but didn't go beyond that.

The La Repubblica time-line has the CIA receiving copies or summaries of the forgeries in Dec-2001/Jan 20002 - just before Wilson was sent to Niger. The IEAE said the documents were forgeries in March 2003. The Information became public in April. Wilson spoke about them after that.

100 posted on 09/27/2004 10:41:40 AM PDT by liberallarry
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