Court Holds Reporter in Contempt in Leak Case

[Flint-oid]

Court Holds Reporter in Contempt in Leak Case
Time Magazine's Cooper Threatened with Jail for Not Revealing Source

By Carol D. Leonnig
Washington Post Staff Writer
Monday, August 9, 2004; 3:06 PM

A reporter is being held in contempt of court and faces possible jail time, and another was earlier threatened by a federal judge with the same fate, after they refused to answer questions from a special prosecutor investigating whether administration officials illegally disclosed the name of a covert CIA officer last year.

Newly-released court orders show U.S. District Court Chief Judge Thomas F. Hogan two weeks ago ordered Matt Cooper of Time magazine and Tim Russert of NBC to appear before a grand jury and tell whether they knew that White House sources provided the identity of CIA officer Valerie Plame to the media.

HERE

[AngryAmish]

1. That's not good

[merh]

29. This is good for us. It means the court is not going to let them

hide behind the 1st Amendment and that their testimony is important.

This is very good! (imho)

[Tight_rope]

54. I totally agree..."No One" should be allowed to hide from this crime!

[Jack The Tab]

35. on the contrary, this is good for America...

See, these guys played a game with one woman's life, a woman who served this country in a VERY dangerous fashion.

When she her cover was blown, a seriously criminal and TREASONOUS act, not only her life was put into danger, but it is speculated on the low end that at least 70 other people's lives were endangered.

There are most likely dozens DEAD...DEAD..because of this action.

This is treason and the person who leaked it should be in jail.

[Waverley_Hills_Hiker]

38. Yeah, it tells me the WH has been sucessfull in stonewalling..

...they couldnt get any admin people to talk, so they are now going to the media (which was probably a last resort).

[lancdem]

44. There's no evidence he got no administration people to talk

This does not indicate to me Fitzgerald is doing anything other than building the strongest case possible.

[hang a left]

60. THe Judge does indicate, according to the article that

all other methods of determining innocence or guilt have been exhausted. I didn't like the sound of that paragraph. I was hoping there had been whistleblowers other than administration officials. We knew those bastards were gonna lie.

[slojim240]

40. If Susan McDougal went to jail because she refused to lie, then these

should go to jail for refusing to tell the truth.

[GreatCaesarsGhost]

2. did timmy cave?

[Flint-oid]

7. YUP

Sources close to the investigation said they believe Russert was not held in contempt Aug. 6 because he agreed to answer the questions after Hogan's July 20 ruling.

[denverbill]

3. What about Novak? n/t

[Seabiscuit]

30. Exactly! Why isn't Novak in prison yet???

n/t

[Dover]

51. Either Novak stonewalled (and is in contempt) or he is a bigger part

of this than has yet been revealed and is duplicitous.

[Tight_rope]

55. Yes..Seeing Novak on CNN's "The Capital Gang" is making me sick!

I can't believe that criminal is walking freely and on TV...

[hang a left]

61. i read something somewhere here just recently that said that

Novak was not being investigated in any criminal activity, not in this particular grand jury. And someone speculated that he could be later during another action.

[MallRat]

4. Oddly, this may work in our favor.

Anyone notice the absolute dearth of Plame-related updates in the broadcast news?

If they haul Cooper away in handcuffs on contempt charges, it's sure to put the story back front-and-center. I just hope Fitzgerald has enough from other sources to make his case.

I don't read Time magazine myself... what's the story with Matt Cooper? Is he just trying to be a martyr for the First Amendment, or is he in Karl Rove's pocket? Has he typically been a fair reporter, or just a GOP tool?

-MR

[AngryAmish]

12. I wish there would be some Plame related discussion around here

[Hamlette]

26. ha ha ha Angry Amish

I feel the same way! I'm not saying there is anything wrong with it.

[tlcandie]

32. Plame discussion? LoL try DU.. there are at least six threads

that have about 100-200 posts in them EACH related to NOTHING but Plame!! Pallas 180 is who begins the threads.

DU General Discussion...I will go find the latest thread which links to all the rest!

LoL :crazy:

Here ya go.. over 200 posts in this thread atm! Have fun!!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x2178477

[NewYorkerfromMass]

66. 17 now.

It think it was a joke.

[Warpy]

15. He seems to have been assigned to more than one puff piece

on the Bush campaign. It's impossible to tell from his articles where he might be. He did the assingnment without either barbs or obvious fawning. Apparently the Bush team felt him friendly enough to shop the Plame story to him, though, and that's not a good sign.

If you want to look at his columns, I suggest a Google of Matthew Cooper Time. Matt Cooper gets you an Irish newspaperman, a ball player, and a special effects guy.

[MasonJar]

5. Why haven't they asked Novak; he's the featherbrain who did

the outing? I wouldn't mind seeing old Bob on the rack.

[yardwork]

10. There must be a reason - maybe Novakula is a target of the probe himself?

Be nice to see him in jail along with the rest of BushCo.

[DoYouEverWonder]

24. Because Novak is one of the subjects

of the investigation. A grand jury only looks at evidence and questions witnesses.

The fact that Novak hasn't been called, is actually very bad news for him.

[spotbird]

27. But he may have testified for all we know.

He is a coward after all, he could have testified that it was all a mistake. He had been subpoenaed with the rest of them, at least it was reported that way at the time.

[DoYouEverWonder]

36. That is possible

hard to know for sure yet, since there have been very few leaks out of this investigation.

Unlike Ken Starr, who leaked everything to the press.

[Jacobin]

6. Will they put him in shackles like Susan McDougal?

Oh, and an orange jump suit? Puhleeze don't let the appeals court let him out pending appeal.

Will anyone even take Novakula's phone calls anymore?

I wish they would put Mr. Potato Head in jail.

After all, if the Bill of Rights has been suspended, let's play fair and go get Novakula who truly is a treasonous windbag

[The Magistrate]

8. These People Should Expose The Traitors, Sir

It is that simple....

"Kill one, warn one hundred."

"LET'S GO GET THOSE BUSH BASTARDS!"

[DeepModem Mom]

9. Welcome to DU, mrsuomela -- and thanks for this wowzer news!

G.E. Russert must be squirming like hell, caught between a court order and his fealty to the Bush administration.

[amber dog democrat]

11. its about time

something happened. I hope this sends a message to the media pawns of the GOP.
You will still be hald accountable for criminal conduct. Now i wonder when will it be MR NOVAK'S turn ? I would love seeing him seething in an orange jumpsuit - and have Scott or the Chimp say that they hardly know this person.

I think this is going to go futher since loyalty only goes so far. We are not talking about an omerta here.

[milkyway]

13. HOLY CRAP! Did Tim Russert give it up? Read the full

article.

<snip>
Cooper still refused to answer questions after Hogan's July 20 order, and on Aug. 6 Hogan held him in contempt of court and ordered that he go to jail. Cooper has been released on bond pending his emergency appeal to a federal appeals court. Hogan has ordered that Time pay a $1,000 fine for each day Cooper does not appear before the grand jury.

Sources close to the investigation said they believe Russert was not held in contempt Aug. 6 because he agreed to answer the questions after Hogan's July 20 ruling.
<snip>

[David Zephyr]

37. My Thoughts, Too, Milkyway.

I think that is the underlying headline here.

[Inland]

14. Bush suddenly regrets we no longer have rights to resist investigations

[Snazzy]

16. The order and opinion pdf's

http://www.dcd.uscourts.gov/04ms296a.pdf (2 page order)
http://www.dcd.uscourts.gov/04ms296.pdf (12 pg Opinion)

Time in contempt too. $1000 a day, Cooper ordered confined.

[merh]

31. thanks for the links! (n/t)

[Rose Siding]

17. Would this point mean they don't have other independent evidence?:

snip>
Hogan wrote in his just-unsealed order that the information requested from Cooper and Russert is "very limited" and that "all available alternative means of obtaining the information have been exhausted." He added that "the testimony sought is expected to constitute direct evidence of innocence or guilt."

[lancdem]

21. I can't believe with all the testimony received so far

they don't have other evidence. Fitzgerald probably just wants to make sure he has everything he can get access to.

Edit: Since this is being appealed to the U.S. Court of Appeals in D.C., I'm almost positive they'll rule in Cooper's favor. Why? Because it's stacked with RW justices who only like to see investigations of Dem presidents.

[Rose Siding]

25. I think so, too

I didn't *think* the language was exclusionary, but was just checking how it reads to others.

Re: the DC court, isn't this ruling based on pretty standard, established law? Would they risk it going to the Supremes? That would be a risk, imo- It doesn't seem like this SCOTUS would rule to limit judicial power (especially with the song and dance going on at the DoD over the last ruling)

[lancdem]

28. You could be right

I'm just cynical about the Appeals Court because they're the ones who gave us Ken Starr.

[hang a left]

62. However there is precedent here, that he cannot refuse. n/t

[havocmom]

39. Could be direct evidence that other witnesses committed perjury

Cheney, bush* and others in the malAdministration have testified already. Reporters naming who gave them classified info could be used to prove others have perjured themselves. Possibly a lot more here than just who outed Ms. Plame and ended her very valuable work. There is likely a cover up which would involve more people than the original outing.

Somewhere in hell, Nixon is shaking his head and laughing.

[msanthrope]

18. Here are my bets...............

Scooter Libby indicted for the outing and for lying about it.

Novak indicted for the outing, possibly for lying about it.

Russert given transactional immunity, but later indicted for obstruction of justice.

Cooper given transactional immunity.

AND....

Alberto Gonzales, indicted for the coverup.

Cheney--unindicted co-conspirator.

Watch the rats scramble......

[MountainLaurel]

19. Wow

My girlie bits trembled at the thought of Robert Novak being convicted.

:evilgrin:

[msanthrope]

22. Gird your loins, Laurel!!!! n/t

[reprobate]

33. It was reported when Boosh was interviewed by the prosecuter

....that he was asked "Do you plan to resign, Mr. President?

[MGKrebs]

45. Sounds about right...

I'm gonna say that Russert gets off. But that guy Doug Feith doesn't. He's dirty. I can feel it!

[DeepModem Mom]

48. "He's dirty" -- That's what Gene Hackman says in "The French Connection"

when he can "feel" somebody's involved in criminal activity. Imagine if we could have Popeye Doyle having a go at these Treasongate characters?

[spotbird]

20. Here is the order

http://www.dcd.uscourts.gov/04ms296a.pdf

Here is the opinion:
http://www.dcd.uscourts.gov/04ms296.pdf

[Flint-oid]

23. Novak on "Meet the Press"

Novak: Well, there is a code in this—the business I’m in and have made my life’s work, that you do not reveal confidential sources, sources who are giving you information, not for attribution. I have said elsewhere, on CNN, that if I were to give up that name, I would leave journalism. But I wouldn’t give up the name. I have had officials who have given me information about the government, classified, unclassified, for over 40 years, and, obviously, if you once reveal a source on that kind of information, just as Dana is not revealing the source on her story, you’re finished.

Russert: You would be willing to go to prison?

Novak: I don’t think I’ll have to go to prison. I don’t—I’d be surprised—you’re a lawyer, do you think I’m culpable?

Russert: I’m not going to practice this morning.

Novak: OK.

Russert: But would you be willing to go to prison before giving up the source?

Novak: Well, I think that’s a dramatic question that—I will not give up the source. Put it that way.

from Atrios

[Walt Starr]

34. BWAHAHAHAHAHAHAHA, The Freekers actually think the leaker is WILSON!!!

http://www.freerepublic.com/focus/f-news/1188142/posts

OFMG, what planet are these morans (sic) from?

[roguevalley]

41. More on this from Salon (www.salon.com)

Reporters ordered to testify over CIA leak

SNIP!

Aug. 9, 2004 | WASHINGTON (AP) -- A federal judge on Monday ordered "Meet the Press" host Tim Russert and Time magazine's Matthew Cooper to testify before a grand jury investigating the leak of the identity of a covert CIA officer.

U.S. Attorney Patrick Fitzgerald of Chicago wants Russert and Cooper to testify "regarding alleged conversations they had with a specified executive branch official," wrote U.S. District Judge Thomas F. Hogan of Chicago. The official he referred to was not further identified in court papers.

Hogan ruled that Russert, who is also NBC's Washington bureau chief, and Time's Cooper must testify because the Supreme Court has ruled that reporters do not have an absolute privilege under the First Amendment to refuse to appear before a grand jury.

"There have been no allegations whatsoever that this grand jury is acting in bad faith or with the purpose of harassing these two journalists," Hogan wrote.

SNIP!

Cooper and Russert could appeal Hogan's decision. If they do testify, they will follow a long list of Bush administration officials who have appeared before the grand jury or have been interviewed by prosecutors and the FBI.

Bush himself was interviewed in the White House on June 25, and earlier this month Secretary of State Colin Powell was interviewed.

[takumi]

42. Russert Held in Contempt in CIA Leak Case

http://www.guardian.co.uk/worldlatest/story/0,1280,-4404321,00.html

[Zynx]

47. That article headline's wrong.

Russert cooperated. Cooper is the one who has defied the order and is being held in contempt.

[seemslikeadream]

43. It's being reported on MSNBC

right now!
:toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast::toast:

[spotbird]

46. The issue is who told Libby!

http://www.msnbc.msn.com/id/5652246/
Reporter Held in Contempt in CIA Leak Case

***skip***

NBC said in its statement that Russert told Fitzgerald in the interview that he did not know Plame's name or her identity as a CIA officer, and that he did not provide that information to Libby. The statement said that Libby had told the FBI about his conversation with Russert and requested that it be disclosed.

***more***

Fitzgerald knows Libby is the leaker, but Libby is claiming he heard it from the press (not through his security clearance, an element of the crime). If he didn't know it was classified there was no crime. Russert didn't help Libby out by saying he (Russert) didn't tell Libby.

[DeepModem Mom]

49. Have a guess, spotbird, as to who told Libby?

[spotbird]

52. None at all, but it wasn't Russert.

Which doesn't help Libby.

[hang a left]

63. My guess, even though you asked spotbire, is Chaingang. n/t

[DeepModem Mom]

68. Well, I'd say that would ratchet this case up a notch!!! nt

[SKKY]

50. I'm wondering who leaked here...

Does anyone know, or suspect, who may have leaked her name? I've heard much about this, but I haven't yet heard a name. I wonder how high this thing goes.

[Algomas]

53. There once was a sign at the WH that read: The Buck Stops Here.

[LeftHander]

67. Analysis - Speculation - Recap

It is believed it was Cheney who leaked it to WHite House in general through his trips to the CIA. Libby and (Cheney) are likely to have been the leakers as they scramble to discredit Wilson (Or to ensure the Niger yellow cake buy was indeed accepted as a fraud...which it may not have been but a sting operation by Plame which Cheney fell for) The outing was done to halt any further investigations and/or sting operations underway that ultimately would implicate Cheney trying to trump up justification for war by framing Iraq for a purchase of nuke material.

Granted this is speculation but there is a fact the Scooter Libby made one of the calls in question. Russert acknolweged that he spoke to Libby. But Russert affirmed that HE (Russert) did not know Plame or mention her. (That assumes that Libby did.) Typical backwards spin statement from Russert.

Now people are thinking that Novak rolled over and did a deal. Because he would not comment on weather or not he was supeoned in the investigation. But certainly Novak should have known that outing a CIA agent would of been a crime. Ignorance is no excuse in the eyes of the law. So is he ready to go to prison. I hardly think so. He is a weasle and will weasle his way out of it even if it means ratting out the WHite House.

It is likely that Fitzgerald is still wanting testimony from the other journaists to prevent any defence from saying...."Novak lied to protect himself." He needs corroborating testimony to put away the leakers. (Again speculation)

One thing is for sure. I know feel very confident that somebody in the White Hosue is going to be indicted for sure.

This was a criminal act. The contitution has no protection for confidential sources when a felony is commited. Specifically one that endangers national security.

The fish are almost frying.

[TacticalPeek]

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

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

Published: August 10, 2004

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.

snip

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.

snip

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."

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


:evilgrin:

[Snazzy]

57. 1st amendment is my favorite but...

Gets pretty murky I think when a crime is involved, and in this case even murkier since the actual communication is a crime (disclosing the name of our spy).

But for one thing, this is a grand jury and not open court. The judge, who's decided he's not having much 1st amendment business dragged in, points to a pretty clear '72 Supreme Court ruling, at least via my brief skimming. Interesting and dif. times--'72, involved two cases, a reporter taking pictures of someone handling hashish and a reporter visiting a Black Panther meeting. That case was specifically about grand juries.

His order also says Cooper is in contempt for as long as the grand jury sits, which probably isn't much longer. The time table for the appeal was about three weeks.

Scooter released some of these other guys to talk, why is Cooper not then? Principle or was he not released by Scooter (or someone else)? Did TIME have a dif. twist on this than the others? I think they may have.

Do reporters provide us with a lot of useful information from criminals? I suppose I can can come up with some unjust laws, and/or circumstances where one small criminal act may give the public valuable information about a worse criminal act, whistleblowers and so on. But it's not a blanket stand--it's ethics with a shifting goal post, like justice itself. Whichever WH scumbags were shopping information that was clearly vindictive and, investigated, clearly illegal. Should you go to jail to stand up for that as a reporter? That gets to personal ethics and choices, maybe questionable ones. Strikes me as marketing yourself to a future generation of scumbags.

(disclaimers: not a lawyer and I probably shouldn't pick favorite amendments either).

[Moderator]

58. kick

[emad]

59. More from Guardian (AP source)

Reporter Held in Contempt in CIA Leak Case

Tuesday August 10, 2004 3:01 PM


By CURT ANDERSON

Associated Press Writer

WASHINGTON (AP) - Time magazine is appealing a judge's ruling that one of its reporters is in contempt of court for refusing to testify before a grand jury investigating the leak of the identity of a covert CIA officer.

Faced with a similar contempt ruling, NBC-TV's ``Meet the Press'' host Tim Russert agreed to an interview with prosecutors about a telephone conversation he had in July 2003 with Vice President Cheney's chief of staff, Lewis ``Scooter'' Libby.

The journalists' divergent decisions came after U.S. District Judge Thomas F. Hogan, in a sealed ruling July 20, rejected their claims that the First Amendment protected them from having to testify. That ruling and Hogan's holding of Time magazine reporter Matthew Cooper in contempt were made public Monday.

Grand jury subpoenas for Russert and Cooper were issued as part of the investigation into the leak of the identity of CIA officer Valerie Plame, whose name was disclosed by syndicated columnist Robert Novak on July 14, 2003. Novak cited two ``senior administration officials'' as his sources.

More:
http://www.guardian.co.uk/worldlatest/story/0,1280,-4406643,00.html

[Moderator]

64. Kick

Kick

[mountainvue]

65. This thing is getting ready to blow. n/t