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"In re Subpeonas, re J. Miller"
D.C. Circuit Court of Appeals ^ | February 05 | D.C. Circuit Court of Appeals

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. ""


TOPICS: Your Opinion/Questions
KEYWORDS: chamberlainbuff; cialeak; cnim; cooper; creepyliar; fitzgerald; judithmiller; mattcooper; miller; neville; nigerflap; plamegate; plamenamegame; tatel; wardchurchillbuff
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To: churchillbuff

BS.

This was from last February, when Fitzgerald was trying to throw Judy into jail for not revealing her source. All he had to do was show that she might have been able to prove that Libby had leaked Plame's name.

Guess what, Bucko? Judy said Libby wasn't her source for Plame's ID. That she got it from somebody else she can't remember. She swore to that under oarth.

Why are you dredging up in this no-longer even slightly relevant material from last February? Are you that desperate?


21 posted on 10/22/2005 7:44:04 PM PDT by Sam Hill
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To: syriacus
Do the judges get to decide whether to prosecute? Or does Fitzgerald make the decision whether or not to prosecute?"""

Fitzgerald. Of course, he has to get the GJury to agree. My point in posting this judicial opinion is that, unlike a lot of folks who haven't seen Fitzgerald's evidence (and who are saying Fitzgerald has nothing of substance), the three federal appellate judges who HAVE seen the evidence, said that it was "grave" enough to justify jailing Judith Miller to procure her cooperation.

22 posted on 10/22/2005 7:44:29 PM PDT by churchillbuff
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To: churchillbuff
And why would the passage of time from February to now change the nature of the evidence that they saw?

Uh, lots of folks testified who hadn't testified then.

If the evidence was so rock solid, why has Fitzgerald STILL not indicted anybody?

23 posted on 10/22/2005 7:45:00 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: churchillbuff

The "outing" of Plame is not necessarily the national security issue that was discussed in the ruling, and which the judges ruled upon.

The NYT finally admitted a day or so ago that Fitz decided early on that there was no exposure of a covert spy.

What of the info about the Niger trip that Wilson leaked to the press, and then wrote about under his own byline? Was the other source(s) of Cooper and Miller (neither Libby nor Rove) the target?


24 posted on 10/22/2005 7:45:04 PM PDT by leftcoaster
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To: churchillbuff

"No, the ruling - and the judges' statement that the secret evidence alleged a "grave" crime -- was last February."

The word "grave" does not appear in that opinion.

So much for your credibility. Sheesh.


25 posted on 10/22/2005 7:46:02 PM PDT by Sam Hill
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To: churchillbuff
Maybe the judge is talking about a previous leak about Plame when she was still covert.
26 posted on 10/22/2005 7:46:03 PM PDT by syriacus (Bush hasn't done a bad job, all things (WOT, vagaries of Nature, Lib lies + obstruction) considered)
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To: churchillbuff
That's funny, but what do you say about the judges' comments - - their statement that this is a serious case, with serious evidence?

It's serious because it involves Republicans. That is the only reason IMO.

27 posted on 10/22/2005 7:46:17 PM PDT by Hattie
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To: Sam Hill
Why are you dredging up in this no-longer even slightly relevant material from last February?""

Since fully one-seventh of Tatel's opinion was redacted, presumably because it discussed secret evidence -- evidence that neither you, bucko, nor I have seen -- you're in no position to say that it's not "revelant" - since YOU DON'T KNOW WHAT IT IS, or to whom it might point.

It really irritating having to respond to taunts from somebody, like you, who shoots "knows it all" when he doesn't know jack.

28 posted on 10/22/2005 7:47:47 PM PDT by churchillbuff
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To: Hattie
It's serious because it involves Republicans. That is the only reason IMO. ""

Check me on this, but I believe two of the appellate judges are Republicans.

29 posted on 10/22/2005 7:48:25 PM PDT by churchillbuff
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To: syriacus
Maybe the judge is talking about a previous leak about Plame when she was still covert.""

Yeah, maybe. Maybe not. We'll find out if Fitzgerald brings indictments. If he doesn't, we might not find out.

30 posted on 10/22/2005 7:49:40 PM PDT by churchillbuff
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To: churchillbuff

We all know that at ONE time Plame was 'covert.' That has nothing to do with National security now that would require the portions to be blocked out on the judges ruling. There is more here than is being discussed in the msm. Some has been touched on here. I believe there was an attempt by Plame/Wilson to subvert the interests of the United States by having Plame get Wilson to go to Niger, with the intention of trying to discredit the Administration's forign policy in prosecution of the War on Terror, and I think in a treasonous way. It is now well known that the Wilsons have lib dimo connections, and these connections exisited before wilson rode off to Africa. What dim libs had knowledge of Plame's attempt to get Wilson on this mission, and did anyone conspire with Wilson/Plame to try to get Plame to seek her husband for this mission with the purpose of compromising the security of the US for political results that Plame/Wilson and lib dims wanted


31 posted on 10/22/2005 7:50:19 PM PDT by feedback doctor (Dan Rather - guilty until proved innocent)
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To: Sam Hill
The word "grave" does not appear in that opinion. """

The word "gravity" does - - - "crime of this gravity" Read the opinion before spouting.

32 posted on 10/22/2005 7:51:29 PM PDT by churchillbuff
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To: churchillbuff

LOL.

You're just doing what most of the DNC/MSM and their mouthpieces on the internet are doing: trying to make it look like some huge crime was committed that is going to be swept under the rug when Fitzgerald doesn't indict anyone.

Fitzgerald has commented about what this was about. It was that he needed Miller's testimony to wrap this whole thing up. Since he was charged to investigate the leak of Plame's name and the only law that would apply to that is the IIPA of 1982, we are safe in assuming that that is what this was all about.

You can jump up and down and go Larry Crazy O'Donnel, but there's all there is to it.

So sorry it didn't work out for you. Better luck next "crime."


33 posted on 10/22/2005 7:51:38 PM PDT by Sam Hill
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To: syriacus
the proscecuter goes to the gJ and asks if there is enough evidence to issue a bill of indictment on preponderance of the evidence. 12 jurors out of 16-23 must vote in the affirmative to carry the bill of indictment. This is according to Rule 6(e).
34 posted on 10/22/2005 7:51:57 PM PDT by Perdogg ("Facts are stupid things." - President Ronald Wilson Reagan)
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To: Sam Hill

Not real bright, are you?


35 posted on 10/22/2005 7:52:45 PM PDT by churchillbuff
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To: feedback doctor

I think you've got it.


36 posted on 10/22/2005 7:55:24 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: churchillbuff
Check me on this, but I believe two of the appellate judges are Republicans.

If what Sandy Berger did is diddly squat in this justice system, then this is nothing more than a charade.

37 posted on 10/22/2005 7:56:08 PM PDT by Hattie
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To: Perdogg

Thanks, Perdogg.


38 posted on 10/22/2005 7:56:44 PM PDT by syriacus (Bush hasn't done a bad job, all things (WOT, vagaries of Nature, Lib lies + obstruction) considered)
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To: Perdogg
Testimony which could have been regarding the "Holy Land Foundation".

This certainly would merit national security interest and "graveness". And wasn't it Fitzgerald who was investigating this case in the first place when Judy tipped of the Holy Landers about the warrant?

39 posted on 10/22/2005 7:57:36 PM PDT by Archon of the East ("universal executive power of the law of nature")
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To: syriacus

anytime.


40 posted on 10/22/2005 7:58:16 PM PDT by Perdogg ("Facts are stupid things." - President Ronald Wilson Reagan)
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