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Go Directly To Jail, Do Not Pass Go

Highlights from this afternoon's hearing In RE: Special Counsel Investigation Misc. Case Nos. 04-407, et al.:

  • Rejecting her appeal at all levels, Judge Hogan has ordered that Judy Miller go immediately to a jail in the "D.C. area." Judge Hogan said that he didn't believe that one could tell the coercive effect of jail on Miller before it happened.

    Following the hearing, NYT Executive Editor Bill Keller said it was a "confusing case" and the precedent "would likely serve future cover-ups of information in the recesses of government and other powerful institutions. I think anyone who believes that the government and other powerful institutions should be closely and aggresively watched should feel a chill up their spine today."

    Keller continued, saying Miller made "a brave and principled choice" to honor her "professional commitment" and is not trying to put herself above the law.

    In response to Time handing over notes, Keller said: "What Time did was a decision made after honest reflection and probably a great deal of agonizing, but I think it was wrong."

  • Matt Cooper will testify, as per his source allows. His contempt citation will be vacated. Speaking outside the courthouse and playing with his coat pockets in the way that he does when nervous, Cooper said "This is a sad day not just for journalists but for our country.... I told [Judy] as she left the courtroom to stay strong."

    "This morning in what can only be described as a stunning set of developments, my source agreed to give me a specific, personal, and unambiguous waiver to speak before the grand jury," he said. "I've kept my word for two years."

    Upon being congratulated by one reporter outside the court, "There's no congratulations. This is a sad day."

> UPDATE: Time's Statement -- "As we said before today's hearing, Time Inc. respects Matt Cooper's right to make his own decision in this important legal matter. But by personally and directly releasing Matt from his obligation to confidentiality, his source has made the decision for Matt to testify a simple one, as other journalists have already testified in this case after being released by their sources."

> The NYT's statement.

> The New York Times has lept at the opportunity to flog its record here, and posted a variety of articles about the last time a NYT reporter was jailed for not disclosing sources [see sidebar].


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