CJR: My Plame Problem -- And Yours CJR: My Plame Problem -- And Yours
Obviously quite liberal journalist moaning in the Columbia Journalism Review about what has happened to a reporter's privilege against testifying in the Plame case.
But what the author doesn't mention, given the dates involved, is the upcoming Libby criminal case. There, by all evidence so far, the prosecutor is going to have to utilize a lot of reporter testimony to make his case, and that leaves open for the defense to depose even more reporters. And, of particular note, the questioning by the special prosecutor, Fitzgerald, was often quite constrained, and, indeed, often not done under oath. This will not be the case for Libby's lawyers. They will put all those reporters under oath, they will be asked a lot of very intense questions, and they will go to jail if they refuse to answer (and if they do, Fitzgerald won't be able to use their testimony in court against Libby).
My view is that the MSM got what it deserved. They wanted blood, and they are getting it. Unfortuantely, they wanted it from the Administration, and will get their own instead. In retrospect, they were absolutely stupid to try to swing the election for Kerry this way by asking for the special prosecutor. They got him. He indicted Cheney's Chief of Staff. And now, they are going to lose even more of their precious privilege.
But what the author doesn't mention, given the dates involved, is the upcoming Libby criminal case. There, by all evidence so far, the prosecutor is going to have to utilize a lot of reporter testimony to make his case, and that leaves open for the defense to depose even more reporters. And, of particular note, the questioning by the special prosecutor, Fitzgerald, was often quite constrained, and, indeed, often not done under oath. This will not be the case for Libby's lawyers. They will put all those reporters under oath, they will be asked a lot of very intense questions, and they will go to jail if they refuse to answer (and if they do, Fitzgerald won't be able to use their testimony in court against Libby).
My view is that the MSM got what it deserved. They wanted blood, and they are getting it. Unfortuantely, they wanted it from the Administration, and will get their own instead. In retrospect, they were absolutely stupid to try to swing the election for Kerry this way by asking for the special prosecutor. They got him. He indicted Cheney's Chief of Staff. And now, they are going to lose even more of their precious privilege.
Labels: Plame Game
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