Reporter From Time Is Held in Contempt in C.I.A. Leak Case

[gldstwmn]

http://www.nytimes.com/2004/08/10/politics/10leak.html

A federal judge in Washington held a reporter for Time magazine in contempt of court yesterday and ordered him jailed for refusing to name the government officials who disclosed the identity of an undercover C.I.A. officer to him. The magazine was also held in contempt and ordered to pay a fine of $1,000 a day.

The judge, Thomas F. Hogan, chief judge of the Federal District Court in Washington, suspended both sanctions while Time and its reporter, Matthew Cooper, pursued an appeal. But the judge firmly rejected their contention that the First Amendment entitled journalists to refuse to answer a grand jury's questions about confidential sources.

"The information requested," Judge Hogan wrote, "is very limited, all available means of obtaining the information have been exhausted, the testimony sought is necessary for completion of the investigation, and the testimony sought is expected to constitute direct evidence of innocence or guilt."

The ruling came in an investigation into whether Bush administration members illegally disclosed the identity of a covert C.I.A. officer.

Legal experts said yesterday that the potential jailing of a journalist represented perhaps the most significant clash between federal prosecutors and the news media since the 1970's. The case is one of several making their way through federal courts in which journalists have been ordered to reveal their sources.

The subpoenas for Mr. Cooper and other journalists were issued by a special prosecutor, Patrick J. Fitzgerald, trying to learn who told the syndicated columnist Robert Novak the identity of an undercover C.I.A. officer, Valerie Plame. Ms. Plame is married to Joseph C. Wilson IV, a former diplomat who asserted in a July 6, 2003, Op-Ed article in The New York Times that President Bush had relied on discredited intelligence when he said, in his 2003 State of the Union address, that Iraq had sought uranium from Africa.

On July 14, 2003, Mr. Novak wrote in his column that "two administration officials" told him that Ms. Plame "is an agency operative on weapons of mass destruction." Disclosing the identity of a covert officer for the Central Intelligence Agency officer can be a crime. Mr. Wilson has suggested that the White House might have leaked his wife's name as retribution for his criticism of the president.

It is not known whether Mr. Novak has received a subpoena or, if he did, how he responded. His lawyer, James Hamilton, declined to comment yesterday.

On July 17, 2003, Time reported that "some government officials" had disclosed Ms. Plame's identity to the magazine.

Mr. Bush, Vice President Dick Cheney and a number of White House officials have been questioned in the inquiry, which Mr. Fitzgerald, the United States attorney in Chicago, took over after Attorney General John Ashcroft recused himself in December.

Like Mr. Cooper, Tim Russert, of the NBC program "Meet the Press," received a subpoena in May. In a decision dated July 20 but made public yesterday, Judge Hogan ordered Mr. Russert and Mr. Cooper to testify before the grand jury.

Mr. Cooper refused, leading to the contempt order yesterday. By contrast, Mr. Russert agreed to cooperate.

In a statement, NBC said Mr. Russert was interviewed under oath by prosecutors on Saturday. NBC said Mr. Russert had not been a recipient of a leak and was not asked questions that would have required him to disclose a confidential source.

"The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney's chief of staff, phoned him last summer," NBC reported Saturday. "Russert told the special prosecutor that at the time of the conversation he didn't know Plame's name or that she was a C.I.A. operative and did not provide that information to Libby."

A spokesman for Mr. Fitzgerald declined to comment on the investigation.

A Washington Post reporter, Glenn Kessler, was interviewed by prosecutors in June. The Post reported then that he had testified about conversations with Mr. Libby at Mr. Libby's request and that he did so without violating any promises to confidential sources.

A second Post reporter, Walter Pincus, said he received a subpoena yesterday. He referred questions about whether The Post would challenge the subpoena to the paper's lawyers. Neither The Post's in-house lawyers nor its outside lawyer, Seth P. Waxman, responded to messages seeking comment.

Legal experts, including some sympathetic to the arguments by Mr. Cooper and Time, said the appeals court was unlikely to reverse Judge Hogan's decision.

"I think we're going to have a head-on confrontation here," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "I think Matt Cooper is going to jail."

Time's managing editor, James Kelly, said the judge had given too little weight to the importance to the public of allowing reporters to pledge confidentiality to their sources in exchange for important information.

Several reporters, including James Risen and Jeff Gerth of The New York Times, have been ordered to reveal their confidential sources in a case brought by Wen Ho Lee. Mr. Lee, a scientist at the Los Alamos nuclear laboratory, was suspected of espionage in 1999 but ultimately pleaded guilty to a single felony count of mishandling secrets. Mr. Lee is suing the federal government, alleging violations of his privacy.

Later this month, Judge Thomas Penfield Jackson, also of the Federal District Court in Washington, is scheduled to rule on a motion by Mr. Lee's lawyers to hold the reporters in contempt. Mr. Lee's case is a civil one, seeking money, while the Plame investigation is a criminal one.

In his ruling in the Plame matter last month, Judge Hogan said a federal Supreme Court decision from 1972 known as Branzburg required Mr. Cooper to disclose his sources.

Judge Hogan wrote, "Branzburg makes clear that neither the First Amendment nor the common law protect reporters from their obligations shared by all citizens to testify before the grand jury when called to do so."

Floyd Abrams, a lawyer for Time and Mr. Cooper, said the decision would make it harder for reporters like Mr. Cooper to do their jobs.

"The story was essentially critical of the administration for leaking information designed to focus the public away from what Ambassador Wilson was saying was true and toward personal things," Mr. Abrams said of the Time article. "That sort of story, about potential government misuse of power, is precisely the sort of thing that is impossible to do without the benefit of confidential sources."

[dissention]

Now that we know Russert is a sleazeball, I'm curious about this Cooper character. He's written quite a few puff pieces about Bush and Co., so I wouldn't be surprised to find out he's in their pocket. God, this is going to be huge in a few days. Novak is going up the river!

[strandinthewind]

Originally Posted by dissention

Now that we know Russert is a sleazeball . . .

How do you get that from:
______________________________________________

Mr. Cooper refused, leading to the contempt order yesterday. By contrast, Mr. Russert agreed to cooperate.

In a statement, NBC said Mr. Russert was interviewed under oath by prosecutors on Saturday. NBC said Mr. Russert had not been a recipient of a leak and was not asked questions that would have required him to disclose a confidential source.

"The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney's chief of staff, phoned him last summer," NBC reported Saturday. "Russert told the special prosecutor that at the time of the conversation he didn't know Plame's name or that she was a C.I.A. operative and did not provide that information to Libby."
________________________________

Russert was doing what any law abiding person would do

Originally Posted by dissention

I'm curious about this Cooper character. He's written quite a few puff pieces about Bush and Co., so I wouldn't be surprised to find out he's in their pocket. God, this is going to be huge in a few days. Novak is going up the river!

Your def. of a puff peece about Bush and the definition of the vast majority of people probably significantly differs I think to you anyone that gives W slight credit in any regard is a traitor

Originally Posted by dissention

God, this is going to be huge in a few days. Novak is going up the river!

I am unsure if a significant number of people will more than slightly if at all care about the leaking of the name. Now, if this goes to a criminal court and W or Cheney is implicated in a crime, which remains to be seen and is, at the slightest, an uphill battle, then yes, it will be huge

[dissention]

Originally Posted by strandinthewind

How do you get that from:

Russert was doing what any law abiding person would do

You need to read some more articles about this other than the one you posted. Russert was under investigation himself in the leak of Plame and only agreed to testify once NBC told him he had to. However, the rules were that they could only ask him very limited questions and the whole testimony ended up being nothing. He didn't give anyhting up or tell them anyhting they didn't know.

Originally Posted by strandinthewind

Your def. of a puff peece about Bush and the definition of the vast majority of people probably significantly differs I think to you anyone that gives W slight credit in any regard is a traitor

Have you read any of his articles? The magazines came with a fresh **** stain from all the ass kissing, Jason.

Originally Posted by strandinthewind

I am unsure if a significant number of people will more than slightly if at all care about the leaking of the name. Now, if this goes to a criminal court and W or Cheney is implicated in a crime, which remains to be seen and is, at the slightest, an uphill battle, then yes, it will be huge

The investigation is being held because they believe the leak came from the White House and that the press (namely Novak) is helping in covering it up. I think it's a big deal if we find out that it was the WH after all. It doesn't bode well for Shrubya. It's very telling that Cooper is willing to go to jail for this and it leads me to believe that this is more than just a man trying to protect his informant. All they need to know is who Cooper heard it from and this case will be blown open. I hope Novak goes up the river, seeing as how he's one of the big wigs under investigation, because what he did was treasonous.

[strandinthewind]

Originally Posted by dissention

You need to read some more articles about this other than the one you posted. Russert was under investigation himself in the leak of Plame and only agreed to testify once NBC told him he had to. However, the rules were that they could only ask him very limited questions and the whole testimony ended up being nothing. He didn't give anyhting up or tell them anyhting they didn't know.

AHHHHH - I was just wondering - you statment "Now that we know" implied to me that you concluded this from the posted article. I like Russert and do not see the big deal here. But, if you do - so be it.

Originally Posted by dissention

Have you read any of his articles? The magazines came with a fresh **** stain from all the ass kissing, Jason.

Bless your liberal "the sky is falling" heart

Originally Posted by dissention

The investigation is being held because they believe the leak came from the White House and that the press (namely Novak) is helping in covering it up. I think it's a big deal if we find out that it was the WH after all. It doesn't bode well for Shrubya. It's very telling that Cooper is willing to go to jail for this and it leads me to believe that this is more than just a man trying to protect his informant. All they need to know is who Cooper heard it from and this case will be blown open. I hope Novak goes up the river, seeing as how he's one of the big wigs under investigation, because what he did was treasonous.

I agree. It will be a horrible thing if they can prove it. But, my question is will anyone care unless W and/or someone high up (like Cheney or Rumsfeld) is implicated and convicted. Things like that rarely happen. It is usually the little guy. But, all talk points to a high ranking official(s) so . . . .

[dissention]

Originally Posted by strandinthewind

AHHHHH - I was just wondering - you statment "Now that we know" implied to me that you concluded this from the posted article. I like Russert and do not see the big deal here. But, if you do - so be it.

I know, that came across as bitchy...not my intention, darling.

Originally Posted by strandinthewind

Bless your liberal "the sky is falling" heart

It's true! I'll try to find some of his articles, they read like his reelection website!

Originally Posted by strandinthewind

I agree. It will be a horrible thing if they can prove it. But, my question is will anyone care unless W and/or someone high up (like Cheney or Rumsfeld) is implicated and convicted. Things like that rarely happen. It is usually the little guy. But, all talk points to a high ranking official(s) so . . . .

Or...Karl Rove.

PS: If you go to the DU, you'll find all the information you need about the Plame case. There are 17 threads about it!

[strandinthewind]

Rove is the most intersting of them all.

He is relatively unknown outside of people like us. I think if you polled most Americans, they may say, I have heard of him, but that would be about it. Thus, if Rove did say it, the effect will not be the same as if someone like Runsfeld, who many many more people know and trust (not us ) said it. I do not think Rove will EVER let it out if it is him. He knows too many things about where many many skeletons are in many different peoples' closets. They may get him though. Although he is unquestionably brilliant, he is also HATED by many. That does not bode well for him.

I would be saddest if it came from Powell. I think Powell is still the most altruistic of the that pack of liars. I think without Powell, it would be a whole lot worse. So, I hope it is not him or that they do not try to blame it on him, which they are not above.

[dissention]

Originally Posted by strandinthewind

I would be saddest if it came from Powell. I think Powell is still the most altruistic of the that pack of liars. I think without Powell, it would be a whole lot worse. So, I hope it is not him or that they do not try to blame it on him, which they are not above.

Read the "Powell Doctrine" and get back to me. He's a shill who sold out and whored himself to the higher-ups in the GOP. Any respect I had for him went out the window when he jumped aboard this ship. They won't sell him out because he's just as much involved in this as they are and couldn't risk him blowing things.

[strandinthewind]

Originally Posted by dissention

Read the "Powell Doctrine" and get back to me. He's a shill who sold out and whored himself to the higher-ups in the GOP. Any respect I had for him went out the window when he jumped aboard this ship. They won't sell him out because he's just as much involved in this as they are and couldn't risk him blowing things.

Bless your heart - do you like anyone other than Ford

I think Powell stayed because he thought he could help stay these people. That is a far cry from selling out. But, I know I know - to give anything related to W any credit is never possible

[dissention]

Originally Posted by strandinthewind

Bless your heart - do you like anyone other than Ford

Yes, Olympia Snowe. It's only a matter of time before she switches to Democrat.

Originally Posted by strandinthewind

I think Powell stayed because he thought he could help stay these people. That is a far cry from selling out. But, I know I know - to give anything related to W any credit is never possible

Look at his actions over the last four years. Even he knew the intel he presented to the UN was bogus, but he did so anyways.

[strandinthewind]

Originally Posted by dissention

Yes, Olympia Snowe. It's only a matter of time before she switches to Democrat.

I LOVE her!!!!!!

Originally Posted by dissention

Look at his actions over the last four years. Even he knew the intel he presented to the UN was bogus, but he did so anyways.

It was bogus in hindsight. But, did we know it then? The world did not think so - they believed he had these WMD. Even Blix believed it because he went on in the beginning about how SH had to comply with proving he destroyed the WMD. Thus, it is murky about whether Powell knowingly lied to the UN IMO. But, I know you do not think so and never will

[CarneVaca]

Originally Posted by dissention

You need to read some more articles about this other than the one you posted. Russert was under investigation himself in the leak of Plame and only agreed to testify once NBC told him he had to. However, the rules were that they could only ask him very limited questions and the whole testimony ended up being nothing. He didn't give anyhting up or tell them anyhting they didn't know.

I still don't see how that makes him a sleazeball.

What makes a sleazeball in this case? A reporter who violates the source/reporter contract to reveal the source and save his hide? Or a reporter who refuses to reveal the source who potentially but an agent in mortal danger?

[dissention]

Originally Posted by strandinthewind

It was bogus in hindsight. But, did we know it then? The world did not think so - they believed he had these WMD. Even Blix believed it because he went on in the beginning about how SH had to comply with proving he destroyed the WMD. Thus, it is murky about whether Powell knowingly lied to the UN IMO. But, I know you do not think so and never will

Curve Ball.

[dissention]

Originally Posted by CarneVaca

I still don't see how that makes him a sleazeball.

What makes a sleazeball in this case? A reporter who violates the source/reporter contract to reveal the source and save his hide? Or a reporter who refuses to reveal the source who potentially but an agent in mortal danger?

Besides for the fact that I already thought Russert was a sleazeball ( ), I think that anyone who would involve themselves in the outing of an undercover CIA agent, putting not only her life in danger but the lives of 70 other officers, is a sleazeball of the highest order.

[strandinthewind]

Originally Posted by dissention

Besides for the fact that I already thought Russert was a sleazeball ( ), I think that anyone who would involve themselves in the outing of an undercover CIA agent, putting not only her life in danger but the lives of 70 other officers, is a sleazeball of the highest order.

But wasn't the article saying Russert had nothing to do with the outing of her. He was just reporting on it as every other reporter whose news agancy picked up the story did

BTW - although I am sure I will disagree and am hesitant to ask, why is Chris Matthrews a racist