Appeals Court Refuses to Rehear CIA Leak Case (Plame)

[Rose Siding]

WASHINGTON (Reuters) - A U.S. appeals court refused on Tuesday to rehear a case in which it had ruled that two journalists must disclose conversations with their confidential sources to a grand jury investigating a leak that exposed the identity of a covert CIA operative.

The U.S. Court of Appeals in Washington said it voted against rehearing the case before the whole court.

A three-judge panel in February upheld a lower court ruling that found New York Times investigative reporter Judith Miller and Time magazine reporter Matthew Cooper in contempt for refusing to testify.

They each face jail time for refusing to testify.

The three-judge panel ruled that the two journalists must comply with a subpoena from a grand jury investigating whether the Bush administration illegally leaked the CIA officer's name to the news media.

http://www.reuters.com/newsArticle.jhtml?type=politicsNews&storyID=8227065&src=rss/ElectionCoverage

[H2O Man]

1. good news!

Slowly but surely, the investigation nears its end.

[shraby]

3. Is that the last recourse they have?

I doubt the supremes will touch it. If it is the last stop for them, it shouldn't be more than 2-3 weeks to wait now for an annoucement from Fitzgerald.

[H2O Man]

11. They have the option

of appealing; it seems unlikely that it will be more than a formality.

[Dhalgren]

2. I have a general question,

that I'm sure has probably been answered before (but I missed it). Why is it that Robert No-Facts isn't under subpoena? He was the actual publisher of the leak, why isn't he being made to "sing"?

[htuttle]

4. Only one reason I can think of

He's already sung.

http://www.washingtonpost.com/wp-dyn/articles/A32380-2005Apr6.html

The information in a March 22 court filing by special counsel Patrick J. Fitzgerald suggests that syndicated columnist Robert D. Novak, who first published the name of undercover CIA officer Valerie Plame, has already spoken to investigators about his sources for that report, according to legal experts. Novak, whose July 2003 column sparked the investigation, and his attorney have refused to comment on whether he was questioned.

[leveymg]

7. Fitzgerald bought the defense that Valerie Plame's identity

as a CIA officer wasn't really covert, and was already public knowledge. The operative legal theory is that the outing was intentional and malicious (undeniably), but that it was already known that Ambassador Wilson's wife was a covert operator.

I'm sure that's true among those in Washington who have security clearances. However, if under similar circumstances, someone at DU had first published her name, I wonder whether the US Attorney from Chicago would have decided against indictment.

I guess they should now let Judy Miller and Matt Cooper off the hook.
But, I still want to know who Novak's source was -- that's unlikely to be released now, as the Grand Jury record will be sealed, unless perjury charges are sought against someone. Fitz has said that's a possibility, so the show's not over yet.


:bounce:

[Toots]

9. already known that Ambassador Wilson's wife was a covert operator

She can't be both covert and known about. LIES LIES and more LIES

[leveymg]

12. I appreciate that irony. n/t

Most CIA covers are pretty thin. Particularly William F. Buckley, the CIA station chief in Beirut, who chose in 1984 to take up residence in the same "safe house" that had been occupied by his predecessor. Everyone who wanted to know who he was, knew it, including his kidnappers.

Buckley's murders did not need to read a book that had identified him as CIA to figure out who he was. Nonetheless, the law making it a major felony to publish an undercover CIA officer's name was originally justified by -- in large part -- that incident.

Seems that intelligence can be pretty thin in Washington. Lots of irony.


:bounce:

[H2O Man]

10. Do you have anything

to back up your claim of what Fitzgerald determined?

[H2O Man]

13. Maybe not.

Considering that the grand jury is still out, and that the process is secret, it might be a bit early to say what it may decide.

[leveymg]

14. This came out a couple weeks ago,

Sorry, I couldn't find the WashPost link. But, article is reprinted in its entirety at DailyKos http://www.dailykos.com/story/2005/4/6/21160/44425

Wed Apr 6th, 2005 at 18:16:00 PDT

This is from the Washington Post (not on their Web site yet).
Speculation seems to be that Novak sang, and that someone in the administration may be facing a perjury charge.

Diaries :: EZ writer's diary :: :: Trackback ::

Probe Into Leak of CIA Agent's Identity May Be Nearly Complete// (Washn)
By Carol D. Leonnig=(c) 2005, The Washington Post

WASHINGTON--The special prosecutor investigating whether Bush administration officials illegally revealed the identity of a covert CIA operative says he finished his investigation months ago, except for questioning two reporters who have refused to testify.

The information in a March 22 court filing by special counsel Patrick Fitzgerald suggests that syndicated columnist Robert Novak, who first published the name of undercover CIA officer Valerie Plame, has already spoken to investigators about his sources for that report, according to legal experts. Novak, whose July 2003 column sparked the investigation, and his attorney have refused to comment on whether he was questioned by prosecutors.

Legal experts and sources close to the case also speculated Wednesday that Fitzgerald is not likely to seek an indictment for the crime he originally set out to investigate--whether a government official knowingly exposed a covert agent. The sources, who asked not to be named because the matter is the subject of a grand jury investigation, said Fitzgerald may instead seek to charge a government official with committing perjury by giving conflicting information to prosecutors.

Fitzgerald's court filing was part of his effort to persuade the U.S. Court of Appeals in the District of Columbia that he needs the testimony of New York Times reporter Judith Miller and Time magazine reporter Matt Cooper to wrap up his two-year investigation.

<SNIP>

[frictionlessO]

5. Is this good??

Makes me nervous when reporters are forced to give up their sources. However since this was a matter of National Security and the bushistas love keeping things so secret, I don't see how they can't force them to reveal.

[shraby]

6. No one should be able to help cover up a crime.

Not even reporters. What happened is an equivalent to giving bank robbers the guns to help them hold up the bank then writing an exclusive story of the bank robbery but not telling who the robbers are even though the reporter knows.

[frictionlessO]

8. a'yep....

I see your point, like I said it just makes me nervous.

[Demit]

15. Except these reporters aren't the ones who wrote about the "robbery"

That would be Robert Novak. Who continues to get off scot-free. What I don't understand is, if he was forthcoming with the name of the leaker, why Fitzgerald had to involve the other reporters at all. Something's really fishy here, and I suspect that it has to do with setting a precedent for making reporters reveal their sources.

I've heard it suggested that maybe Novak is/was a target of the investigation & Fitzgerald just wants/wanted to tighten the noose...but the investigation appears to have been concluded, & there's really been no published conclusion at all. It stinks to high heaven.

[Me.]

17. Yes But Their Role In This Drama

may be two-fold, a.) confirmation of who the source was, even though they did not write about it they have the knowledge which leads to b.) if they were told about Plame that constitutes additional counts in the indictment against the perpetrator.

Also, it bears repeating, we are not dealing with reporters who were in the confidence of a whistle blower who was trying to inform the public about government corruption. The persons who committed this crime, and (to quote Condi. "Let's be clear about this.") it was and is a crime, and then used the media as accomplices to commission of the crime., were the original corruptors. The whistle blowers law was not meant to shield reporters who aid and abet in an act of treason.

As for Ms. Miller in particular, this is not the only aiding she has done and she is still under investigation for the money laundering fiasco, where she informed the members of a so called Islamic charity that the FBI was on the way.

As for Novak, it is thought by many that both he and Rove made and deal and have already sung for their supper.

[tsuki]

16. Prediction - they will be the only two to serve time for the outing

of a CIA Operative.

[Me.]

18. Kick For The Night Crew

[Moderator]

19. kick to combine

[Rex_Goodheart]

20. Plame reporters going to jail

Court Declines Case of Reporters in Leak Case
By ADAM LIPTAK

Published: April 19, 2005

Two reporters facing up to 18 months in jail for refusing to testify about their sources lost another round in the courts today. The reporters, Judith Miller of The New York Times and Matthew Cooper of Time magazine, now have only one appeal left, to the United States Supreme Court.

But it is hardly certain that the justices will agree to hear the case or that the reporters will remain free even while that court considers how to proceed.


http://www.nytimes.com/2005/04/19/politics/19cnd-medi.html?ex=1271563200&en=6473f6925b170ec6&ei=5090&partner=rssuserland&emc=rss


OK... I confess to not understanding the legal rationale for sending these two to jail while Novak walks.

[David Dunham]

21. They will go to jail until they identify their source.

[Atman]

22. Novak gives better head

His teeth are removable. They need him around in case Gannon/Guckert isn't available.

[wtmusic]

26. LOL

only if you catch him before his morning martini :crazy:

[Bridget Burke]

27. And before he puts in the dentures!

**

[bunkerbuster1]

38. ewww.

thanks for that lovely image.

[tavalon]

23. Novak talked

What he said we may never know because they are trying to bury this deeper than China, but we do know he talked. They didn't talk, therefore they are held in contempt and sent to jail. I don't know much about Matthew Cooper but Judy, well, it couldn't have happened to a more deserving "journalist" (in quotes because that's the last thing she is).

[Stephanie]

29. That's the reason

Novak talked. If these reporters would talk it would build the case against the leakers. Their refusal to talk is not justified because they are protecting a criminal, not a source. They are covering up a criminal act, not protecting a whistleblower. So I don't understand why they are holding out on this unless it is because of their friendship with the traitors in the WH who revealed the name of the CIA agent and destroyed her network that was investigating WMD transactions. It is not a first amendment issue - that is just their excuse.

[tavalon]

31. What I'm wondering

is if they don't get corroboration from one of these creeps, does that mean that we'll never find out who Novak squealed on?

[Stephanie]

32. No

The corroboration is just to elevate the charges against the leaker. The more people he leaked to, the more trouble he's in.

[On the Road]

35. If Novak Talked,

isn't that enough to identify the leakers and file charges?

[atommom]

42. It SHOULD be, but we may never know what he said.

Where's a good leak when you need it?

[roughandtumble]

24. Judith "I was F***ing proved right!" Miller

can go to hell. Her lies cost American lives. Karma's a bitch, ain't it?

[hlthe2b]

25. RW can pose as trying to investigate while simultaneously intimidating

the press (and no, Judith M. is not a journalist)..... This is such BS. Novak doesn't even deserve my spit. I detest this man...

[grumpy old fart]

28. It's impressive....chill the Press while faking an investigation....

it all so....Rovian!

[leftofthedial]

30. We KNOW members of the bushgang committed treason

but they are getting away with it

[readmylips]

33. Actually the squeeze is on the Prince of Darkness Novakula...

If these two go to jail, there's no place for Novak to hide. He was the one who broke the story. They'll all be put in the same boiling pot...Watch little bush come to their rescue and pull a Scheivo/TomDeLay/Enron on the American people.

[tavalon]

36. He already squealed like the pig he is

(I don't want to give anyone the impression that it was a bad thing that he talked. It was a good thing but he didn't talk because it was good or right but because he's a chicken out to save his carcass)

[sharonking21]

34. Argh!

Better stand up for Freedom of the Press even if a couple of the defendants are distasteful.

[Toots]

37. I suggest they call Delay right away and get an 'Act of Congress'

to disallow this obvious work of "activist judges". Maybe even get Delay to put out a contract on Judges for them. I mean really Why should any Republican ever be held accountable? Really why?? What is so good about having all this power if it can't be used to further your cause.

[Pithy Cherub]

39. There's the rub... which "way" should the activist judges rule?

DeLapdog is not sure where to aim these days and everything he touches ricochets. If these two slimebag members of the media whores deserve a champion for their sins Delay is perfect! Novak has his room ready in Hell! Damaged goods rooting for damaged goods!

[warrens]

40. Novak's a target

They're uncooperative witnesses.

[AlCzervik]

41. I like to see Miller jailed for her reporting in the run up to the war but

i was reading an article about Novakula in Vanity Fair magazine and they talked to Miller and Cooper and both said that Novak has offered no support at all to them, they were both pissed off about it.

[november3rd]

43. Novak

Why don't they just both say their source was Robert Novak? Then he could take the fall (like he deserves) or at least leave the onus on him to lie his way out of it (like he usually does).

For an incredible dose of doublespeak on this bullshit artist from his neocon droids in the blogoshpere, click here

[progressivebydesign]

44. WHere's Novak? He should be put there, too. for a looong time n/t

[hector459]

45. One way to shake up the MSM is throw a few in jail. Then maybe their

alligiance might be more to the public than their corporate masters.