Thursday, September 29, 2005

Judith Miller Agrees to Testify

According to this report, Judith Miller was released from jail tonight after agreeing to testify in Special Counsel Patrick Fitzgerald's probe of the leak of Valerie Plame's identity. Other reports, say that it is unclear that she has agreed to testify.

I'm not convinced under the statute that a crime was ever committed, since many people, more connected to the DC scene than I, seem to have known before Novak's column who she was and where she worked. Furthermore, I don't see any reason why Miller should not have to testify. Her source, in this case, was not a whistleblower, but a potential lawbreaker. If I witness a crime or someone gives me classified information, not in an attempt to correct some grave injustice, but for their own purposes, I see no reason that communication or information should be protected.

Others talking: The English Guy and Kevin Drum.

UPDATE: Orin Kerr thinks something smells funny about the deal and asks why Miller's attorney didn't clear up any question of Libby's release before she spent three months in jail.