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Judge Orders New York Times Reporter Jailed
http://aolsvc.news.aol.com ^ | 7 6 05 | PETE YOST

Posted on 07/06/2005 2:33:03 PM PDT by freepatriot32

WASHINGTON (July 6) - A federal judge on Wednesday jailed New York Times reporter Judith Miller for refusing to divulge her source to a grand jury investigating who in the Bush administration leaked an undercover CIA operative's name.

''There is still a realistic possibility that confinement might cause her to testify,'' U.S. District Judge Thomas Hogan said of the showdown in a case that has seen both President Bush and Vice President Dick Cheney interviewed by investigators.

Miller stood up, hugged her lawyer and was escorted from the courtroom.

Earlier, Time magazine reporter Matthew Cooper, in an about-face, told Hogan that he would cooperate with a federal prosecutor's investigation into the leak of the identity of CIA operative Valerie Plame. He said he would do so now because his source gave him specific authority to do so.

''Last night I hugged my son goodbye and told him it might be a long time before I see him again,'' Cooper said as he took the podium to address the court.

''I went to bed ready to accept the sanctions'' for not testifying, Cooper said. But he told the judge that not long before his early afternoon appearance, he had received ''in somewhat dramatic fashion'' a direct personal communication from his source freeing him from his commitment to keep the source's identity secret.

As for Miller, unless she decides to talk, she will be held until the grand jury ends its work in October. The judge speculated that Miller's confinement might cause her source to give her a more specific waiver of confidentiality, as did Cooper's.

Cooper, talking to reporters afterward, called it ''a sad time.''

''My heart goes out to Judy. I told her as she left the court to stay strong,'' Cooper added. ''I think this clearly points out the need for some kind of a national shield law. There is no federal shield law and that is why we find ourselves here today.''

''Judy Miller made a commitment to her source and she's standing by it,'' New York Times executive editor Bill Keller told reporters.

Floyd Abrams, a prominent First Amendment lawyer who represented Miller, told reporters: ''Judy is an honorable woman, adhering to the highest tradition of her profession and the highest tradition of humanity.''

''Judy Miller has not been accused of a crime or convicted of a crime,'' Abrams said. ''She has been held in civil contempt of court.''

The prosecutor, U.S. Attorney Patrick Fitzgerald had responded in court to Miller's refusal to name her source by saying ''we can't have 50,000 journalists'' each making their own decision about whether to reveal sources.

''We cannot tolerate that,'' he said. ''We are trying to get to the bottom of whether a crime was committed and by whom.''

Another Miller attorney, Robert Bennett, said earlier that prosecutors traditionally have shown great respect for journalists and ''have had the good judgment not to push these cases very often.''

Hogan held the reporters in civil contempt of court in October, rejecting their argument that the First Amendment shielded them from revealing their sources. Last month the Supreme Court refused to intervene.

In court documents filed Tuesday, Fitzgerald urged Hogan to take the unusual step of jailing the reporters, saying that may be the only way to get them to talk.

''Journalists are not entitled to promise complete confidentiality - no one in America is,'' Fitzgerald wrote.

Fitzgerald had disclosed Tuesday that a source of Cooper and Miller had waived confidentiality, giving the reporters permission to reveal where they got their information. The prosecutor did not identify the source, nor did he specify whether the source for each reporter was the same person.

Cooper said he had been told earlier that his source had signed a general waiver of confidentiality but that he did not trust such waivers because he thought they had been gained from executive branch employees under duress. He told the court that he needed not a general waiver but a specific waiver from his source, which he did not get until Wednesday.

''I received express personal consent'' from the source, Cooper told the judge.

Hogan and Fitzgerald accepted Cooper's offer.

''That would purge you of contempt,'' Hogan said.

Prior to the hearing, Miller argued that it is imperative for reporters to honor their commitments to provide cover to sources who will only reveal important information if they are assured anonymity. Forcing reporters to renege on the pledge undercuts their ability to do their job, she said.

Last week, Time Inc., last week provided Fitzgerald with records, notes and e-mail traffic involving Cooper, who had argued that it was therefore no longer necessary for him to testify. Time also had been found in contempt and officials there said after losing appeals it had no choice but to turn over the information.

The case is seen as a key test of press freedom and many media groups have lined up behind the reporters. Thirty-one states and the District of Columbia have shield laws protecting reporters from having to identify their confidential sources.

Fitzgerald is investigating who in the administration leaked Plame's identity. Her name was disclosed in a column by Robert Novak days after her husband, former Ambassador Joseph Wilson, impugned part of President Bush's justification for invading Iraq.

Wilson was sent to Africa by the Bush administration to investigate an intelligence claim that Saddam Hussein may have purchased yellowcake uranium from Niger in the late 1990s for use in nuclear weapons. Wilson said he could not verify the claim and criticized the administration for manipulating the intelligence to ''exaggerate the Iraqi threat.''

Novak, whose column cited as sources two unidentified senior Bush administration officials, has refused to say whether he has testified before the grand jury or been subpoenaed. Novak has said he ''will reveal all'' after the matter is resolved and that it is wrong for the government to jail journalists.

Disclosure of an undercover intelligence officer's identity can be a federal crime if prosecutors can show the leak was intentional and the person who released that information knew of the officer's secret status.

Cooper spoke to White House deputy chief of staff Karl Rove after Wilson's public criticism of Bush and before Novak's column ran, according to Rove's lawyer, Robert Luskin, who denies that Rove leaked Plame's identity to anyone. Cooper's story mentioning Plame's name appeared after Novak's column. Miller did some reporting, but never wrote a story.

Among the witnesses Fitzgerald's investigators have questioned besides Bush and Cheney are Cheney's chief of staff, Lewis Libby; and former White House counsel Alberto Gonzales, who is now the attorney general.

Fitzgerald has said that his investigation is complete except for testimony from Cooper and Miller.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: New York
KEYWORDS: aclulist; billofrightslist; constitutionlist; donutwatch; govwatch; jailed; judge; judithmiller; new; newyorktimes; orders; reporter; times; york
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Judith Miller and Matthew Cooper
1 posted on 07/06/2005 2:33:05 PM PDT by freepatriot32
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To: Abram; Alexander Rubin; AlexandriaDuke; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
2 posted on 07/06/2005 2:34:08 PM PDT by freepatriot32 (www.lp.org)
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To: freepatriot32

Hmmmm... is the Pen mightier than the Shiv?


3 posted on 07/06/2005 2:36:13 PM PDT by theDentist (The Dems have put all their eggs in one basket-case: Howard "Belltower" Dean.)
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To: freepatriot32

We need to get behind Judith Miller and Matthew Cooper - they've been fair and honest with us... ummm, never mind...


4 posted on 07/06/2005 2:36:43 PM PDT by GOPJ
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To: freepatriot32

I would love to see this headline every day.


5 posted on 07/06/2005 2:36:51 PM PDT by thoughtomator (The legislative process is like the digestive process, same end product)
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To: freepatriot32

We need to get behind Judith Miller and Matthew Cooper - they've been fair and balanced with us... ummm, never mind...


6 posted on 07/06/2005 2:38:18 PM PDT by GOPJ
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To: freepatriot32
Floyd Abrams, a prominent First Amendment lawyer who represented Miller, told reporters: ''Judy is an honorable woman, adhering to the highest tradition of her profession and the highest tradition of humanity.''

Don't lawyers ever realize what idiots they make of themselves when they say stuff like this?

7 posted on 07/06/2005 2:38:28 PM PDT by facedown (Armed in the Heartland)
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To: thoughtomator
''Judy Miller made a commitment to her source and she's standing by it,'' New York Times executive editor Bill Keller told reporters.

A couple of nights with the bull dykes, junkies, gangbangers and the rest of the "unwashed" will have her begging to testify by the weekend..

8 posted on 07/06/2005 2:39:44 PM PDT by cardinal4 (Relocate Guantanamo inmates to Dick "Rhymes with Turban" Durbin's house..)
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To: GOPJ

You can say that again.


9 posted on 07/06/2005 2:41:28 PM PDT by thoughtomator (The legislative process is like the digestive process, same end product)
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To: facedown

''Judy is an honorable woman, adhering to the highest tradition of her profession and the highest tradition of humanity"

poor Judy,lets just call her butch- one tough reporter about to get her licks.


10 posted on 07/06/2005 2:42:59 PM PDT by ConsentofGoverned (A sucker is born every minute..what are the voters?)
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To: freepatriot32
Miller argued that it is imperative for reporters to honor their commitments to provide cover to sources

Whew! Jason Blair is safe for now!

11 posted on 07/06/2005 2:46:08 PM PDT by Lonesome in Massachussets (Deadcheck the embeds first.)
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To: freepatriot32
Nice how the Liberal mediums are all using the term "undercover CIA operative". Heard it on the CNN radio feed too.
12 posted on 07/06/2005 2:46:29 PM PDT by byteback
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To: freepatriot32

"Ve haff vays..."


:-(





"Our liberty cannot be guarded but by the freedom of the press, nor that be limited without danger of losing it."
--Thomas Jefferson to John Jay, 1786.


13 posted on 07/06/2005 2:47:59 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: freepatriot32

I could go for a national shield law; however no reporter shall be permitted to protect someone who is breaking the law. Wanna blow the whistle on a defense contractor? Keep away from the secrets and blather all you want to a reporter. Anyone with security clearance knows how to walk the line on what is public knowledge and what isn't.

And sure, there will still be reporters who will stand up for what they believe in and go to jail. More power to them. Make them pay for the stay as well; typical room on that island is, what, $200 including meals and laundry service?


14 posted on 07/06/2005 2:48:01 PM PDT by kingu
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To: byteback

The presstitutes are also ignoring the fact that this may have nothing to do with Plame. See #8 on this thread: http://www.freerepublic.com/focus/f-news/1437704/posts


15 posted on 07/06/2005 2:49:54 PM PDT by eureka! (It will not be safe to vote Democrat for a long, long, time...)
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To: cardinal4
A couple of nights with the bull dykes, junkies, gangbangers and the rest of the "unwashed" will have her begging to testify by the weekend..

That's called 'research'. She'll be thrilled with the stories she'll be able to write when she's out, and forever more she'll be referred to as the woman who went to jail to protect her source. Quite the badge of honor among the flagship media outlets.
16 posted on 07/06/2005 2:50:03 PM PDT by kingu
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To: freepatriot32

matt cooper looks like Boss Hog


17 posted on 07/06/2005 2:52:03 PM PDT by DM1
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To: freepatriot32

I think Wilson is the source.


18 posted on 07/06/2005 2:52:26 PM PDT by patton ("Fool," said my Muse to me, "look in thy heart, and write.")
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To: freepatriot32

Wonder if her nickname in the joint will be Judy P-daddy


19 posted on 07/06/2005 2:53:33 PM PDT by shadeaud (Liberals suffer from acute interior cornial craniorectoitis)
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To: thoughtomator
"I would love to see this headline every day."

It's a start at least . . .

20 posted on 07/06/2005 2:53:50 PM PDT by Neanderthal
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To: patton
I think Wilson is the source.

Ding Ding Ding! We have a winner!

21 posted on 07/06/2005 2:54:02 PM PDT by cardinal4 (Relocate Guantanamo inmates to Dick "Rhymes with Turban" Durbin's house..)
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To: freepatriot32

And they all wanted to see Karl Rove frog marched in cuffs off to jail.

Who's laughing now at the MSM? LOL!


22 posted on 07/06/2005 2:54:03 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: freepatriot32
I'm confused! Cooper's source says it's OK to give up his or her name, but Miller's source says NO? Are there two different sources or is Miller the source?
23 posted on 07/06/2005 2:56:25 PM PDT by Bushbacker1 (Kill 'em til they're dead! Then, kill 'em again!)
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To: freepatriot32
'Journalists are not entitled to promise complete confidentiality - no one in America is,'' Fitzgerald wrote.

uh-oh...looks like priests are no longer confessional safe.
24 posted on 07/06/2005 2:56:29 PM PDT by stylin19a (Suicide bomber ??? "I came to the wrong jihad")
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To: thoughtomator
Just a thought.What if some of the media make up facts just to slant a story the way they want it to read Then they would have imaginary sources , now wouldn't they? And how could they reveal that?

Just a theory.....

25 posted on 07/06/2005 2:57:23 PM PDT by COUNTrecount
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To: freepatriot32

How much money is Judith Miller going to make off being jailed. It will make her a high draw on the speaking circuit, a book deal, an a revered status on talk shows for perpetuity. She must be hoping for at least one night in jail. She just got rich.


26 posted on 07/06/2005 2:58:32 PM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: freepatriot32
"Cooper added. ''I think this clearly points out the need for some kind of a national shield law. There is no federal shield law and that is why we find ourselves here today.''"

Rubbish. You need to go to jail for aiding and abetting the felon who leaked confidential national security secrets, not be "shielded" from jail because someone pays you to type on a keyboard (i.e. "journalism").

27 posted on 07/06/2005 2:59:01 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack

snif..snif..i'm verklempt.


28 posted on 07/06/2005 2:59:52 PM PDT by samadams2000
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To: freepatriot32
Wilson was sent to Africa by the Bush administration to investigate an intelligence claim that Saddam Hussein may have purchased yellowcake uranium from Niger in the late 1990s for use in nuclear weapons. Wilson said he could not verify the claim and criticized the administration for manipulating the intelligence to "exaggerate the Iraqi threat."

Just a short comment on Wilson: In the annals of bad intelligence jobs investigated by multiple committees and commissions, Wilson's stunt in Niger still stands as the sloppiest example of unprofessional intelligence gathering. It continues to be mindboggling that he was ever accorded a shred of credibility, though it is easy to see how the New York Times was duped by his ineptitude. They wanted to believe.

It is a sorry, but serious case where the liberal media tried to hijack the 2004 election. So what about the public's right to know the full background as to which editors were involved and who the sources were? One thing is certain: We know Miller and Cooper are not risking going to jail to protect Karl Rove and the White House.

29 posted on 07/06/2005 2:59:56 PM PDT by OESY
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To: freepatriot32

Some Pigs are more equal than others!! Quite an Orwellian concept! Jail the sucker!!!!!


30 posted on 07/06/2005 3:00:30 PM PDT by Highest Authority
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To: kingu

Did Judy sign a book deal yet? How about a miniseries? Maybe Molly Grunewald,who is supposed to be married to Cooper,can get her lots of interviews and even a picture with the woman who lost the Olympic games for New York, Hillary Rodham.


31 posted on 07/06/2005 3:05:04 PM PDT by Maumee
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To: Bushbacker1
See Eva's reply in #15 on this thread.

It may be two different sources, for two different offenses. If Miller's in hot water for tipping off terrorists before an FBI raid, I hope she rots.

The BBC is reporting that Cooper received a "dramatic message" which freed him to testify. I guess he had to come up with a dramatic excuse, or risk getting shunned -- for whimping out -- by his liberal colleagues.

32 posted on 07/06/2005 3:09:12 PM PDT by browardchad
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To: samadams2000

oy vey


33 posted on 07/06/2005 3:16:56 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Bushbacker1
I'm confused! Cooper's source says it's OK to give up his or her name, but Miller's source says NO? Are there two different sources or is Miller the source?

Miller's source waived confidentiality, too. We've known that. She claims it could be coerced so says it does not sway her to talk.

It is not clear if it is the same source as Cooper's.

34 posted on 07/06/2005 3:25:38 PM PDT by cyncooper
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To: OESY

Thank you for highlighting the part I was going to comment on next.

What disingenuousness for this article to state Wilson was sent "by the Bush administration".

That was the point of Novak's first column---Wilson's wife at the CIA recommended her rabidly anti-Bush husband.

This article's phrasing is designed to imply that Wilson was sent with the blessings of the administration and they then ignored the fine fellow.

Fact: The WH never had a clue about Wilson's sojourn. What he really did over there is suspect, but we do know the scope of his "investigation" into the matter of Iraq and yellowcake was shallow, indeed, and certainly was not extensive enough on which to be basing his accusations.

What a disgraceful article---starting with the blithe description of Plame as "undercover".


35 posted on 07/06/2005 3:35:01 PM PDT by cyncooper
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To: Southack

something tells me her family rabbi will be getting his first phone call from her since she was a teen...


36 posted on 07/06/2005 3:39:13 PM PDT by samadams2000
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To: kingu
BUMP

Emphasizing:

I could go for a national shield law; however no reporter shall be permitted to protect someone who is breaking the law. Wanna blow the whistle on a defense contractor? Keep away from the secrets and blather all you want to a reporter. Anyone with security clearance knows how to walk the line on what is public knowledge and what isn't.

And sure, there will still be reporters who will stand up for what they believe in and go to jail. More power to them. Make them pay for the stay as well; typical room on that island is, what, $200 including meals and laundry service?

Bumping again.

37 posted on 07/06/2005 3:41:41 PM PDT by Calpernia (Breederville.com)
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To: thoughtomator
You can say that again.

Remember when liberals came after our political speech rights and the New York Times stood with us against legislation that would restrict our constitutionally protected rights?

Oh, wait, they didn't care...

Well, remember when the liberals came after our private property rights and the New York Times stood with us?

Opps, forgot, they stood with those who would steal our homes and give them to developers.

Well, remember when they stood with us as liberals weaken our constitutional rights to own a gun?

Oh, Jeeze, forgot, they stood with those who would take our rights away.

Wasn't there a time... Nah...

Never mind.

38 posted on 07/06/2005 3:43:21 PM PDT by GOPJ
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To: nickcarraway
She just got rich.

Nah...she's only protecting Rove, so there's no gain to what she's doing.

39 posted on 07/06/2005 3:48:56 PM PDT by PeoplesRepublicOfWashington (Washington State--Land of Court-approved Voting Fraud.)
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To: cyncooper

Exactly! And if this had been any kind of officially sanctioned trip, Joe Wislon, himself, would've been guilty of violating protocol when he decided to write on Op-Ed for the NY Times.

There are so many convoluted lies still being perpetrated by the media WRT this story. Heck, they continue to leave out the fact that Wilson was the one who was wrong...and rediculed for his role in this fraud.


40 posted on 07/06/2005 3:57:34 PM PDT by cwb
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To: GOPJ

Shep Smith ranted and raved about this travesty. He could not believe from the emails he got, the number of people who did not get it.

Freedom of the press!! If the press is not free, we are doomed.

They were free to report Juanita Broaddrick. (She's a liar)
They were free to report on the Swifties. (They are liars)
They were free to follow up on Dan Rather's bogus memos. (Bush is a liar)
They were free to report John Kerry's lies. (We are liars)

If the press did it's job and followed a story instead pressing an agenda...I might be a little sympathetic.

The collective wringing of hands on TV tonight, even on Brit's show, is nauseating.

Hey Press!!!! Welcome to our world!


41 posted on 07/06/2005 4:00:05 PM PDT by Protect the Bill of Rights
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To: COUNTrecount

That's exactly what I think the case is. They simply made it up and she's willing to go to jail because the alternative is to have her fraud exposed and her career ruined.


42 posted on 07/06/2005 4:05:47 PM PDT by thoughtomator (The legislative process is like the digestive process, same end product)
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To: freepatriot32

I love it when stories have a *happy* ending.


43 posted on 07/06/2005 4:49:37 PM PDT by No Truce With Kings (The opinions expressed are mine! Mine! MINE! All Mine!)
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To: ConsentofGoverned
poor Judy,lets just call her butch- one tough reporter about to get her licks.

She could join Janet Reno, Barbara Boxer, Nancy Pelosi and the Beast, in the splitting hairs lifestyle.... Whom did I leave out on this scenario?

44 posted on 07/06/2005 5:07:19 PM PDT by Cobra64
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To: freepatriot32
Whadda cupple of loozers. Miller's going down for the ship with Floyd Abrams whispering sweet first amendment nothings in her ear. And Cooper is making grand statements while he's avoiding being a bad man's boyfriend.

She's a misguided idiot, and he's a woosie. Hellooo democratic party, here are your persons.

45 posted on 07/06/2005 5:21:47 PM PDT by Thebaddog (Dawgs off the coffee table.)
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Comment #46 Removed by Moderator

To: COUNTrecount
What if some of the media make up facts just to slant a story the way they want it to read

Good point, but strangely, I've always considered that lying, not slanting.

47 posted on 07/06/2005 6:06:37 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: nickcarraway

She'll be a star on "The View."


48 posted on 07/06/2005 6:09:00 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: Maumee

Can't do a book deal on her incarceration in NY.. Called the Son of Sam law...


49 posted on 07/06/2005 6:27:57 PM PDT by Schwaeky ("Today a day that will live in Infamy, the Canadians have bombed the Baldwins" Thanks Canada!)
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To: Gondring
Freedom of the press does not mean freedom of reporters to disregard the laws everyone else has to follow, if doing so would help get a good scoop. They're not a special class of citizens, regardless of how much they like to think of themselves as such.
50 posted on 07/06/2005 7:20:03 PM PDT by inquest (FTAA delenda est)
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