Thursday, July 7, 2005
the top [a] story today is the jailing the NYTimes reporter Judith Miller. The Wall Street Jrl here points out how the prosecutor on this case Patrick J. Fitzgerald has never provided to the court what crime he is pursuing. If there is no crime, is he entitled to this information? Is it a crime related to the leak (see here), is it perjury, or what is it? Couple this with the reporter's privilege involved, and one does have to ask - where is the necessity of obtaining this information? Perhaps the most bothersome aspect of this result is that Judith Miller did not write this story. (the one who prints the story goes home and the one who doesn't write it goes to jail). The NYTimes Story is here.
This case represents the ultimate conflict of the need of a grand jury to obtain information and the ability of the press to obtain information by providing confidentiality to its sources. But there is a second issue here also - that is who is better equipped to get the best information related to crimes? If not for the anonymity of "deep throat" would criminal activity have come to light? Where was the government then in getting to the bottom of the investigation? Can we be assured that the government will do a better job than the press in providing the real truth to what happened here?
The Wall Street Journal provides a wonderful listing of the biographies of key players related to this investigation. See here.