Judith Miller - Contempt of Court

Contempt of Court

On October 1, 2004, federal Judge Thomas F. Hogan found Miller in contempt of court for refusing to appear before a federal grand jury, which was investigating who had leaked to reporters the fact that Valerie Plame was a CIA operative. Miller did not write an article about the subject at the time of the leak, but others did, notably Robert Novak, spurring the investigation. Judge Hogan sentenced her to 18 months in jail, but stayed the sentence while her appeal proceeded. On February 15, 2005, the United States Court of Appeals for the District of Columbia Circuit unanimously upheld Judge Hogan's ruling. On June 17, 2005 the US Supreme Court declined to hear the case. On July 6, 2005, Judge Hogan ordered Miller to serve her sentence at "a suitable jail within the metropolitan area of the District of Columbia". She was taken to Alexandria City Jail on July 7, 2005.

In a separate case, Federal Judge Robert Sweet ruled on February 24, 2005 that Miller was not required to reveal who in the government leaked word of an impending raid to her. Patrick Fitzgerald, the same prosecutor who had had Miller jailed in the Plame case, argued that Miller's calls to groups suspected of funding terrorists had tipped them off to the raid and allowed them time to destroy evidence. Fitzgerald wanted Miller's phone records to confirm the time of the tip and determine who had leaked the information to Miller in the first place. Judge Sweet held that because Fitzgerald could not demonstrate in advance that the phone records would provide the information he sought the prosecutor's needs were outweighed by a 'reporter's privilege' to keep sources confidential. On August 1, 2006, a three-judge panel of the Second Circuit Court of Appeals reversed Judge Sweet's decision, holding 2–1 that federal prosecutors could inspect the telephone records of Miller and Philip Shenon. Judge Ralph K. Winter Jr. wrote: "No grand jury can make an informed decision to pursue the investigation further, much less to indict or not indict, without the reporters' evidence".

Prior to her jailing for civil contempt, Miller's lawyers argued that it was pointless to imprison her because she would never talk or reveal confidential sources. Under such circumstances, argued her lawyers, jail term would be "merely punitive" and would serve no purpose. Arguing that Miller should be confined to her home and could forego Internet access and cellphone use, Miller's lawyers suggested that "impairing her unrestricted ability to do her job as an investigative journalist ... would present the strictest form of coercion to her". Failing that, Miller's lawyers asked that she be sent to a women's facility in Danbury, Connecticut, nearer to "Ms. Miller's 76-year-old husband", retired book publisher Jason Epstein, who lives in New York City, and whose state of health was the subject of a confidential medical report filed by Miller's attorneys. Upon being jailed, the Times reported on July 7, 2005 that Miller had purchased a cockapoo puppy to keep her husband company during her absence.

On September 17, 2005, the Washington Post reported that Miller had received a "parade of prominent government and media officials" during her first 11 weeks in prison, including visits by former U.S. Republican Senator Bob Dole, NBC News anchor Tom Brokaw, and John R. Bolton, U.S. Ambassador to the United Nations. After her release on September 29, 2005, Miller agreed to disclose to the grand jury the identity of her source, Lewis Libby, Vice President Dick Cheney's chief of staff.

On Tuesday, January 30, 2007, Miller took the stand as a witness for the prosecution against I. Lewis "Scooter" Libby, Jr., Vice President Dick Cheney's former chief of staff. Miller discussed three conversations she had had with Libby in June and July 2003, including the meeting on June 23, 2003. In her first appearance before the grand jury, Miller said she could not remember. According to the New York Times, when asked if Libby discussed Valerie Plame, Miller responded in the affirmative, "adding that Libby had said Wilson worked at the agency’s (C.I.A.) division that dealt with limiting the proliferation of unconventional weapons". The trial resulted in guilty verdicts against Libby.