Posted on 10/22/2005 7:16:36 PM PDT by churchillbuff
At the end of his long opinion on the jailing of Miller, which I have linked, Judge Tatel said that the reporters' privilege yields, in this case, to “THE GRAVITY OF THE REPORTED CRIME.”(My caps)
I don't like Laurence O'Donnell, but he's stating a fact when he reports the following:
"Judge Tatel’s opinion has eight blank pages in the middle of it where he discusses the secret information the prosecutor has supplied only to the judges to convince them that the testimony he is demanding is worth sending reporters to jail to get. The gravity of the suspected crime is presumably very well developed in those redacted pages. Later, Tatel refers to “[h]aving carefully scrutinized [the prosecutor’s] voluminous classified filings.” "
O'Donnell continues: "Some of us have theorized that the prosecutor may have given up the leak case in favor of a perjury case, but Tatel still refers to it simply as a case “which involves the alleged exposure of a covert agent.” Tatel wrote a 41-page opinion in which he seemed eager to make new law -- a federal reporters’ shield law -- but in the end, he couldn’t bring himself to do it in this particular case. In his final paragraph, he says he “might have” let Cooper and Miller off the hook “[w]ere the leak at issue in this case less harmful to national security.” "
""Tatel’s colleagues are at least as impressed with the prosecutor’s secret filings as he is. One simply said “Special Counsel’s showing decides the case.” ""
""All the judges who have seen the prosecutor’s secret evidence firmly believe he is pursuing a very serious crime, and they have done everything they can to help him get an indictment. ""
Given that we have 2 distinct nations here in America just whose "national" security has been breached?
I think Larry O'D is having a flashback to "Scarborough and Company".
It is said Rove is bright. I believe he is. Why would one so smart fail to remember that what got Clinton impeached was not felatio and infidelity to his wife and family, but lying to a grand jury. His memory would remind him. His lawyer would remind him. George Bush demanded it of him. Why, then, would Rove commit obstruction and perjury? It does not make sense.
One more question....will someone please answer for me......WHY WAS WILSON SENT TO NIGER TO REPRESENT THE USA REGARDING WHETHER OR NOT IRAQ WAS BUYING YELLOWCAKE? WHY? WHY? WHY?
That's funny, but what do you say about the judges' comments - - their statement that this is a serious case, with serious evidence?
i don't know but maybe it was on feb.5th. secret evidence ? in this leak fest there are no secrets.
In his final paragraph, he says he “might have” let Cooper and Miller off the hook “[w]ere the leak at issue in this case less harmful to national security.” "
So the outing of Plame was harmful to "national security"?
I find it hard to reconcile with the numerous times liberal/socialists have revealed covert names and actually
caused the deaths agents with out suffering consequences.
What leaker, who caused deaths, went unprosecuted?
[sarcasm] Just what we need. [/sarcasm]
Another judge "making law."
Apparently a bipartisan panel of federal judges, having revealed secret evidence that neither you nor I nor Rush nor O'Donnell has seen, think it may have.
BWAHAHAHAHAHAHAHA!
The only problem with this is EVERYBODY (even the NY Times) now concedes that no crime was broken by the leaking of Plame's name.
Any indictments, we are told, will be based on the "cover-up" of this non-crime.
But nice try. LOL
Uh, that referral was made two years ago. In the interregnum, it appears that neither Rove nor Libby actually revealed Plame's name or status (in fact, many have suggested she was not covert).
If there was no underlying crime, then perjury over no underlying crime seems to be a silly thing to persue.
Martha Stewart redux.
Not according to the federal judges who ruled on the reporters' jailing. And unlike you, me or the NY Times, they've seen Fitzgerald's evidence.
You have to remember the filing was dated in February. However, if we are to believe the press reports, Fitz decided to limit the scope of Miller's Testimony. Testimony which could have been regarding the "Holy Land Foundation".
The thing that I am not clear about is why Fitzgerald met with Bennett prior to Miller testimony.
Do the judges get to decide whether to prosecute? Or does Fitzgerald make the decision whether or not to prosecute?
No, the ruling - and the judges' statement that the secret evidence alleged a "grave" crime -- was last February. And why would the passage of time from February to now change the nature of the evidence that they saw?
All I can say is that it's certainly another straw in the wind. But the number of players who might be accused of violating secrecy is pretty large at this point.
It would be delightful if Porter Goss, about whom we haven't heard very much recently, weighed in and decided to throw all those leftist CIA leakers to the wolves, but if it happens it will represent a kind of hardball that the Republicans have never played before.
If there is any indictment, i'm willing to bet it wont be for any outing of Valerie Plame.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.