[cyncooper]

More from article:

Allowing the reporters home confinement would make it easier for them to continue to defy a court order to testify, he said. Special treatment for journalists may "negate the coercive effect contemplated by federal law," Fitzgerald wrote in filings with the courts

That would have been a good spot for Yost to note that the unanimous Appeals Court ruling noted that any privilege that might exist does not apply in this case.

Of course, that would undermine his theme that an out of control prosecutor is trampling the rights of these reporters.

Thanks for the update. Pinging others.

[Shermy]

The "Karl Rove" angle offered fresh meat to the MoveOn.Org types but couldn't last.

I don't think the "Wilsons as heroes" angle will hold.

What's the NYTimes to do? Tell the story straight? Naaawww.

[summer]

Also from the article:

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In his court filings, Fitzgerald said it is essential for courts to enforce their contempt orders so that grand juries can get the evidence they need.

Fitzgerald said it would be up to the judge to decide whether to send Cooper to the District of Columbia jail or some other facility. On Friday, Cooper's lawyers argued against sending him to the D.C. jail, saying it is a "dangerous maximum security lockup already overcrowded with a mix of convicted offenders and other detainees awaiting criminal trials."

Miller's lawyers argue that there are no circumstances under which she will talk, but Fitzgerald disagreed.

"There is tension between Miller's claim that confinement will never coerce her to testify and her alternative position that this court should consider less restrictive forms of confinement," the prosecutor wrote.

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This prosecutor seems tough as nails!

[Shermy]

"That would have been a good spot for Yost to note that the unanimous Appeals Court ruling noted that any privilege that might exist does not apply in this case.

Of course, that would undermine his theme that an out of control prosecutor is trampling the rights of these reporters."

I think posters at FR are the only ones who read the thing. Even the judge who sounded favorable to the reporters' legal arguments said in this instance the privileged would be trumped, because the leaks themselves involve a crime, and the judge was not willing to give the privilege the carte blanche like that given to priests.

[Fedora]

Thanks for the ping!