| Page 2 of 2 < |
2 Reporters in Leak Case Given 48 Hours to Argue Against Jailing
|
TOOLBOX
   Resize
COMMENT
 Discussion Policy
 CLOSE
Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.
Who's Blogging  |
"We shouldn't enable people to think court orders are optional," Fitzgerald said. "When President Nixon got the order to turn over the [White House] tapes, he didn't say, 'Let me think about my alternatives.' "
"This case is not about a whistle-blower," Fitzgerald added. "It's about potential retaliation against a whistle-blower."
Cooper's lawyers left open the chance that he could avoid jail if Time turns over his notes about conversations with government sources. Time lawyers said that if the notes identify the government source, Cooper might no longer have a practical reason to keep silent. Fitzgerald agreed.
"That might sway Mr. Cooper to comply," he said.
Lawyers for Time asked Hogan yesterday for time to review their options, saying that they were "considering" turning over the notes. Hogan replied that if Time continues to refuse, he will assess a retroactive fine of $270,000, which he said reflects the wealth of the magazine's corporate owner, Time Warner.
Cooper declined to answer questions after the hearing. He later told Reuters that he would rather Time not turn over his notes but acknowledged that the magazine had its own obligations to consider. Miller declined to comment as she left court.
Plame's name first appeared in Novak's column on July 14, 2003. He wrote that two anonymous government sources had told him that Plame had recommended her husband for a CIA mission to assess whether Iraq was attempting to purchase uranium for use in a nuclear weapons program. Novak has refused to comment on whether he cooperated with Fitzgerald. Yesterday, in an interview on CNN's "Inside Politics," Novak said he is still barred from talking about the investigation but said he will write about it when it ends. He said he thinks the facts will surprise people.
"I deplore the thought of reporters -- I've been a reporter all my life -- going to jail for any period of time for not revealing sources." he said. "They are not going to jail because of me . . . and those people who say that don't know anything about the case."
Four other reporters, including Cooper and The Washington Post's Walter Pincus and Glenn Kessler, have answered limited questions from prosecutors that did not involve identifying confidential sources.
