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Reporters Ask Judge for Home Detention
Washington Post ^ | July 2, 2005 | Carol D. Leonnig

Posted on 07/02/2005 1:48:56 AM PDT by Cincinatus' Wife

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To: Patriot from Philly

I am highly suspicious of this. How do we know those are the original notes? Those reporters wouldn't have protected Rove...they would have turned him over in a New York minute.


21 posted on 07/02/2005 5:09:13 AM PDT by Miss Marple
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To: Cincinatus' Wife

Judith Miller...urged Hogan yesterday not to jail her... her lawyers said that...incerceration would be "merely punitive""


Um, Judy dear, that is what jail is for. To PUNISH the offender for breaking the law.


22 posted on 07/02/2005 5:15:24 AM PDT by toomanygrasshoppers (Freud was wrong. It's all about "Roe v. Wade")
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To: Miss Marple

Send 'em to Martha Stewart's place in West Virginia.


23 posted on 07/02/2005 5:15:43 AM PDT by ReadyNow
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To: Woliff

Probably because they had the Italian government approval. However, the US will never admit that since they don't want to get an allies' officials in trouble with lefty Italian judges.
The Americans can better take the heat since they can get out of Dodge.


24 posted on 07/02/2005 5:17:11 AM PDT by Patriot from Philly
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To: Miss Marple

Right, I agree. Plus I thought I had heard that Cooper's source had given him permission to release his name. I recall reading that somewhere-not sure.

And I think Rowe would be more careful.


25 posted on 07/02/2005 5:18:31 AM PDT by Patriot from Philly
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To: Patriot from Philly
I found that comment very unsettling, since this would be a major blow to the Republicans.


First question is why would Rove put himself at risk like this?

Second, if that was the case, do you for a minute think these reporters would go to jail for him?

Third, if that was the case, that information would have been leaked to friends of theirs and it would be on 60 minues within a week.

I don't know who their source is, but I doubt it is a Republican, if so they would have tossed them to the wolfs long ago.

26 posted on 07/02/2005 5:21:12 AM PDT by CIB-173RDABN
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To: CIB-173RDABN

Thanks, I feel better. I don't think the reporters would protect Rove at all. This case really is being hyped because it is the only criminal,ethics case against the Bush administration. The Clinton had lots of investigations. Double standard.


27 posted on 07/02/2005 5:27:18 AM PDT by Patriot from Philly
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To: Cincinatus' Wife
Oh, I hope to high heaven that these two reporters are allowed to serve their time in their homes.

Otherwise, we'll be bombarded with daily op/ed bulletins from their federal pens on how they're not being treated according to the Geneva Conventions, how humiliating it is in the showers, and how lousy the food is.

Rice pilaf, AGAIN?

Leni

28 posted on 07/02/2005 5:47:50 AM PDT by MinuteGal (Florida Freepers: Check out the Florida Forum. Click the Florida Flag on Your Profile Page)
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To: xzins
Really? And if one of these numbn*ts makes stuff up? Oh, no! That can't happen. Congress didn't make any laws regarding the press.These mooks refuse to furnish information in a criminal investigation. It's a BS case to be sure [When will Victoria Plame and Joe Wilson just crawl under a rock?], but it's a potential criminal prosecution of a Federal law. And I don't put reporters above the law. If they won't testify, and provide the documents subpoenaed [and neither the reporter for the NYT and the NYT will]they go to jail.If the wrong guy got charged, tried and convicted would you prefer these doofuses didn't go in for their "source"?
29 posted on 07/02/2005 6:14:59 AM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: PzLdr

thanks for explaining this so well; it makes me wonder why Woodward and Bernstein weren't hauled in to reveal their source during the real investigation, thus preventing selectivity of investigation based on political sensitivities of the media.


30 posted on 07/02/2005 6:43:05 AM PDT by gusopol3
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To: Cincinatus' Wife

Time Inc. wasn't the target of the judge's ruling that refusing to speak was contempt of court, it was their reporter.

He should be man enough to take the gaff if he continues to refuse.


31 posted on 07/02/2005 7:03:55 AM PDT by wildbill
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To: Mad Mammoth

Do take the 2nd Amendment symbolically, too?


32 posted on 07/02/2005 7:08:54 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: PzLdr

If there's no law, then how are they being charged?


33 posted on 07/02/2005 7:10:08 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: Patriot from Philly
Probably because they had the Italian government approval.

I believed they did, at least at a lower level who may not have let the government know or knew that the government did not want to know .

34 posted on 07/02/2005 7:18:26 AM PDT by Woliff
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To: xzins

You are misinterpreting the first amendment, my friend, much as the liberals do. While the liberals read the Establishment clause to say that the government must be hostile to religion, and read the Free Speech clause to mean that they can say whatever they want without ANY consequence (not just government consequences), you seem to read the Free Press clause to mean that no law applies to a reporter if they were in the course of their job. The Free Press clause just says that the government cannot tell the press what to print or what not to print, and even that has some restrictions in time of war. It does not say that they will be free of consequences for what they print (think libel, etc.), nor does it say that they are exempt from other laws during the course of their duties.

In this case, no one told the reporters they could not print what they discovered. The laws being enforced here are not laws against the press - they are laws that apply to everyone; namely, that you cannot impede a criminal investigation by refusing to supply information in your possession about criminal activities (unless you will incriminate yourself by doing so). Reporters think they are above this law, but there are no exceptions written into federal law for the media (although several states do provide protection for reporters.)

So, if you object to this situation, the conservative course of action is to lobby Congress to pass a law allowing reporters to protect their sources without conseqence. I would oppose that, but it would be the correct process to follow. If you advocate having the judge ignore the clear text of the law, then that is a liberal position, not a conservative one.


35 posted on 07/02/2005 7:30:15 AM PDT by CA Conservative
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To: Mr Ramsbotham
They should be put in prison and raped, like everyone else.

Throw them in the wing where the weight lifters like to bunk. Let them learn what cringing servitude to your master means

36 posted on 07/02/2005 7:34:18 AM PDT by dennisw (See the primitive wallflower freeze, When the jelly-faced women all sneeze)
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To: CA Conservative
The Constitution says: Congress shall make no law...abridging the freedom of the press.

I'm not really interpreting too much. It says "no law." If I want "no law" to mean exactly that in reference to religion (which I do), then I want it to mean the same in reference to the freedom of the press.

To abridge means "to make less than." Any law that results in less freedom than full freedom is in violation of this amendment.

Here's the part where I begin to interpret. If sources CAN be developed if confidentiality is assured, then full, unencumbered freedom would allow that. Any law that lessens that full freedom would then be in violation of the 1st amendment, imho.

Additionally, there would also be concerns regarding the 4th and 5th amendments in forcing an agent of the press to reveal sources.

I don't want any laws regarding religion, therefore, I don't want any laws abridging the freedom of the press. I want "no law" to mean the same in both cases. It's not an unreasonable expectation, since "no law" actually does mean "ZERO law."

37 posted on 07/02/2005 7:48:04 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: xzins
The reporters are facing a citation for contempt of court. The Court impanels the Grand Jury. The Grand Jury hears two kinds of cases. One:Where A kills B, A has been arrested, and the evidence against A is presented to make out probable cause to believe A killed B. The the GJ believes there is, A is indicted on any criminal violation submitted by the prosecutor which the Grand Jury finds is supported by the evidence. The second type of matter handled by a Grand Jury involves investigations, either in crimes or malfeasance. In that case, the prosecutor presents evidence to the Grand Jury. Can lead to a report [in certain types of matters, think the 9-11 commission report, although the 9-11 commission wasn't a Grand Jury], or an indictment.

The reporters were subpoenaed to testify about matters under investigation, AND WHICH THEY HAD REPORTED ON, which theoretically constitute a Federal felony. The were ordered to produce notes, memos, etc that they used in those stories. They were ordered to identify the source[s] of their reportage. They refused to do so, claiming a privilege not universally recognized. The source may be the potential defendant on the case. They are going to jail under a contempt citation. They can remain in jail, in theory, as long as the Grand Jury sits, and they refuse to cooperate. Or the Court may fix a term. Depends on the jurisdiction.
38 posted on 07/02/2005 8:30:13 AM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: CA Conservative
The laws being enforced here are not laws against the press - they are laws that apply to everyone

If they don't apply to the press, then how is the press being charged for violating them?

If they do apply to the press, then they are "a law" rather than "no law." The constitution says "no law" abridging freedom of the press.

39 posted on 07/02/2005 8:33:08 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: PzLdr

See posts #37 & #39.

I am a pastor. I have full confidentiality in pastoral counseling, so I'm told.

It is obvious to me, that no criminal would ever confess anything in my presence if he knew I could be forced to divulge it in a court of law.

The same applies to the press. Who would talk about questionable activities to the press if they knew the press could be forced to reveal their sources?

If the one injures religion, then the other injures the press. "NO law abridging the freedom of the press." No law = no law.

IMHO, the reporters are right.


40 posted on 07/02/2005 8:38:51 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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