Re: Judy Miller needing killing

2005-10-24 Thread John Kelsey
The question is, can 
she defy a subpoena based on membership in the privileged Reporter class 
that an ordinary person could not defy?

It seems like the real question is how membership in the class is determined.  
If anyone who's acting like a reporter in a certain context (say, Adam Shostack 
interviewing me for his blog) qualifies, then I don't see the constitutional 
problem, though it may still be good or bad policy.  If you've got to get a 
special card from the government that says you're a journalist, it seems like 
that's more of a problem.  

I guess other places where there's some right not to answer these questions 
exist, but they're mostly based on licensed professions.  I gather your lawyer 
or priest has much more ability to refuse to talk than your doctor or 
accountant, and that your psychologist has a shockingly small ability to refuse 
to talk.  Other than priest, though, all these fields are at least somewhat 
licensed by the state for other reasons, so that makes it easy to use 
possession of a license as a way to tell when someone really is a doctor, 
lawyer, psychologist, etc.  For constitutional reasons, that's not really true 
for journalists.  

GH

--John



Re: Judy Miller needing killing

2005-10-22 Thread John Kelsey
The question is, can 
she defy a subpoena based on membership in the privileged Reporter class 
that an ordinary person could not defy?

It seems like the real question is how membership in the class is determined.  
If anyone who's acting like a reporter in a certain context (say, Adam Shostack 
interviewing me for his blog) qualifies, then I don't see the constitutional 
problem, though it may still be good or bad policy.  If you've got to get a 
special card from the government that says you're a journalist, it seems like 
that's more of a problem.  

I guess other places where there's some right not to answer these questions 
exist, but they're mostly based on licensed professions.  I gather your lawyer 
or priest has much more ability to refuse to talk than your doctor or 
accountant, and that your psychologist has a shockingly small ability to refuse 
to talk.  Other than priest, though, all these fields are at least somewhat 
licensed by the state for other reasons, so that makes it easy to use 
possession of a license as a way to tell when someone really is a doctor, 
lawyer, psychologist, etc.  For constitutional reasons, that's not really true 
for journalists.  

GH

--John



Re: Judy Miller needing killing

2005-10-21 Thread Tyler Durden

Cyphrpunk wrote...



The notion that someone who is willing to spend months in jail just to
keep a promise of silence needs killing is beyond bizarre and is
downright evil. This list supports the rights of individuals to tell
the government to go to hell, and that is exactly what Judy Miller
did. She should be a hero around here. It's disgusting to see these
kinds of comments from a no-nothing like Major Variola.



While I agree that Variola has his bizarre moments, much of what he says at 
least merits further investigation. He partially fills a role that May 
filled, before his final descent into madness...


I, for one, welcome his return to posting, and it's not too much effort to 
hit the delete button on a post-by-post basis.


-TD




Re: Judy Miller needing killing

2005-10-21 Thread Tyler Durden

Cyphrpunk wrote...



The notion that someone who is willing to spend months in jail just to
keep a promise of silence needs killing is beyond bizarre and is
downright evil. This list supports the rights of individuals to tell
the government to go to hell, and that is exactly what Judy Miller
did. She should be a hero around here. It's disgusting to see these
kinds of comments from a no-nothing like Major Variola.



While I agree that Variola has his bizarre moments, much of what he says at 
least merits further investigation. He partially fills a role that May 
filled, before his final descent into madness...


I, for one, welcome his return to posting, and it's not too much effort to 
hit the delete button on a post-by-post basis.


-TD




Re: Judy Miller needing killing

2005-10-20 Thread Gil Hamilton

Dave Howe [EMAIL PROTECTED] wrote:

Gil Hamilton wrote:
 I've never heard it disclosed how the prosecutor discovered that Miller 
had
 had such a conversation but it isn't relevant anyway.  The question is, 
can
 she defy a subpoena based on membership in the privileged Reporter class 
that

 an ordinary person could not defy?
Why not? while Miller could well be prosecuted for revealing the identity, 
had
she done so - she didn't. Why should *anyone* be jailed for failing to 
reveal
who they had talked to in confidence? I am all in favour of people being 
tried

for their actions, but not for thoughtcrimes.


Miller wasn't prosecuted.  She was not charged with a crime.  She was not in 
danger of being charged if she had revealed the identity. She was jailed 
for contempt of court for obstructing a grand jury investigation by refusing 
to testify.  Perhaps no one should be required to testify but current law 
here is that when subpoenaed by a grand jury investigating a possible crime, 
one is obliged to answer their questions except in a small number of 
exceptional circumstances (self-incrimination would be one example).  Miller 
is seeking to be placed above the law that applies to the rest of us.




And yet Novak is the one who purportedly committed a crime - revealing the
identity of an agent and thus endangering them. So the actual crime (of
revealing) isn't important, but talking to a reporter is?


You're confused.  AFAIK, no one has suggested that Novak commited a crime in 
this case. The actual crime (of revealing) is what the grand jury was 
attempting to investigate; Miller was jailed for obstructing that 
investigation.


GH

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Re: Judy Miller needing killing

2005-10-20 Thread cyphrpunk
On 10/18/05, Major Variola (ret.) [EMAIL PROTECTED] wrote:
 So this dupe/spy/wannabe journalist thinks that journalists
 should be *special*.. how nice.  Where in the 1st amendment is the class
 journalists mentioned?   She needs a WMD enema.

We put up with this needs killing crap from Tim May because he was
imaginative and interesting, at least when he could shake free from
his racism and nihilism. You on the other hand offer nothing but
bilious ignorance. If you don't have anything to say, how about if you
just don't say it?

The notion that someone who is willing to spend months in jail just to
keep a promise of silence needs killing is beyond bizarre and is
downright evil. This list supports the rights of individuals to tell
the government to go to hell, and that is exactly what Judy Miller
did. She should be a hero around here. It's disgusting to see these
kinds of comments from a no-nothing like Major Variola.

CP



Re: Judy Miller needing killing

2005-10-20 Thread Riad S. Wahby
cyphrpunk [EMAIL PROTECTED] wrote:
 The notion that someone who is willing to spend months in jail just to
 keep a promise of silence needs killing is beyond bizarre and is
 downright evil.

Straw man alert.

MV's notion is that a person who thinks journalists should be a special
class of people who enjoy freedom of press (while, presumably, the rest
of us don't) needs killing.  That this person happens also to have spent
months in jail, c, is unhappy coincidence.

 This list supports the rights of individuals to tell
 the government to go to hell, and that is exactly what Judy Miller
 did. She should be a hero around here. It's disgusting to see these
 kinds of comments from a no-nothing like Major Variola.

I agree that her actions with regard to the Grand Jury situation are
commendable (especially in light of my belief that the entire Grand Jury
process is one of the most broken parts of our present legal system).
Nevertheless, calling for the creation of a (licensed?) journalist
class is stupidity so pure it's almost immoral.

Repeat after me: we are all journalists.

-- 
Riad S. Wahby
[EMAIL PROTECTED]



Re: Judy Miller needing killing

2005-10-20 Thread Dave Howe
Gil Hamilton wrote:
 I've never heard it disclosed how the prosecutor discovered that Miller had
 had such a conversation but it isn't relevant anyway.  The question is, can
 she defy a subpoena based on membership in the privileged Reporter class that
 an ordinary person could not defy?
Why not? while Miller could well be prosecuted for revealing the identity, had
she done so - she didn't. Why should *anyone* be jailed for failing to reveal
who they had talked to in confidence? I am all in favour of people being tried
for their actions, but not for thoughtcrimes.

 On the other hand - Robert Novak got the same information, REPORTED it -
 and isn't in any sort of trouble at all. Somehow this isn't the issue 
 though... and I wonder why?
 I don't know this either; perhaps because he immediately rolled over when he
 got subpoenaed?
And yet Novak is the one who purportedly committed a crime - revealing the
identity of an agent and thus endangering them. So the actual crime (of
revealing) isn't important, but talking to a reporter is?



Re: Judy Miller needing killing

2005-10-20 Thread Gil Hamilton

Dave Howe [EMAIL PROTECTED] wrote:

Gil Hamilton wrote:
 I've never heard it disclosed how the prosecutor discovered that Miller 
had
 had such a conversation but it isn't relevant anyway.  The question is, 
can
 she defy a subpoena based on membership in the privileged Reporter class 
that

 an ordinary person could not defy?
Why not? while Miller could well be prosecuted for revealing the identity, 
had
she done so - she didn't. Why should *anyone* be jailed for failing to 
reveal
who they had talked to in confidence? I am all in favour of people being 
tried

for their actions, but not for thoughtcrimes.


Miller wasn't prosecuted.  She was not charged with a crime.  She was not in 
danger of being charged if she had revealed the identity. She was jailed 
for contempt of court for obstructing a grand jury investigation by refusing 
to testify.  Perhaps no one should be required to testify but current law 
here is that when subpoenaed by a grand jury investigating a possible crime, 
one is obliged to answer their questions except in a small number of 
exceptional circumstances (self-incrimination would be one example).  Miller 
is seeking to be placed above the law that applies to the rest of us.




And yet Novak is the one who purportedly committed a crime - revealing the
identity of an agent and thus endangering them. So the actual crime (of
revealing) isn't important, but talking to a reporter is?


You're confused.  AFAIK, no one has suggested that Novak commited a crime in 
this case. The actual crime (of revealing) is what the grand jury was 
attempting to investigate; Miller was jailed for obstructing that 
investigation.


GH

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Re: Judy Miller needing killing

2005-10-20 Thread cyphrpunk
On 10/18/05, Major Variola (ret.) [EMAIL PROTECTED] wrote:
 So this dupe/spy/wannabe journalist thinks that journalists
 should be *special*.. how nice.  Where in the 1st amendment is the class
 journalists mentioned?   She needs a WMD enema.

We put up with this needs killing crap from Tim May because he was
imaginative and interesting, at least when he could shake free from
his racism and nihilism. You on the other hand offer nothing but
bilious ignorance. If you don't have anything to say, how about if you
just don't say it?

The notion that someone who is willing to spend months in jail just to
keep a promise of silence needs killing is beyond bizarre and is
downright evil. This list supports the rights of individuals to tell
the government to go to hell, and that is exactly what Judy Miller
did. She should be a hero around here. It's disgusting to see these
kinds of comments from a no-nothing like Major Variola.

CP



Re: Judy Miller needing killing

2005-10-20 Thread Riad S. Wahby
cyphrpunk [EMAIL PROTECTED] wrote:
 The notion that someone who is willing to spend months in jail just to
 keep a promise of silence needs killing is beyond bizarre and is
 downright evil.

Straw man alert.

MV's notion is that a person who thinks journalists should be a special
class of people who enjoy freedom of press (while, presumably, the rest
of us don't) needs killing.  That this person happens also to have spent
months in jail, c, is unhappy coincidence.

 This list supports the rights of individuals to tell
 the government to go to hell, and that is exactly what Judy Miller
 did. She should be a hero around here. It's disgusting to see these
 kinds of comments from a no-nothing like Major Variola.

I agree that her actions with regard to the Grand Jury situation are
commendable (especially in light of my belief that the entire Grand Jury
process is one of the most broken parts of our present legal system).
Nevertheless, calling for the creation of a (licensed?) journalist
class is stupidity so pure it's almost immoral.

Repeat after me: we are all journalists.

-- 
Riad S. Wahby
[EMAIL PROTECTED]



Re: Judy Miller needing killing

2005-10-19 Thread Chris Clymer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

You're just trolling, right?

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.

Sending a reporter to jail for not revealing her source sure sounds like
its infringing on freedom of the press to me.  The issue isn't HER.  The
issue is that if I'm someone that wants to blow the whistle on
something, I'm going to be less likely to do it if the reporter I tell
might reveal me as her source.  And of course, reporters might be less
likely to cover such stories if they may end up choosing between
protecting the source and jail.

On July of 2005, Miller was jailed for contempt of court by refusing to
testify before a federal grand jury investigating a leak naming Valerie
Plame as a covert CIA agent. Miller did not write about Plame, but is
reportedly in possession of evidence relevant to the leak investigation.
According to a subpoena, Miller met with an unnamed government official
? later revealed to be Scooter Libby, Vice President Cheney's Chief of
Staff ? on July 8, 2003, two days after former ambassador Joseph Wilson
published an Op-Ed in the Times criticizing the Bush administration for
twisting intelligence to justify war in Iraq. (Plame's CIA identity
was revealed by political commentator Robert Novak on July 14, 2003.)

That woman went to jail for not revealing the source, on a story SHE
NEVER EVEN WROTE.  Thats dedication.

Major Variola (ret.) wrote:
 So this dupe/spy/wannabe journalist thinks that journalists
 should be *special*.. how nice.  Where in the 1st amendment is the class
 journalists mentioned?   She needs a WMD enema.
 
 
 LAS VEGAS (AP) -- New York Times reporter Judith Miller defended her
 decision to go to jail to protect a source and told a journalism
 conference Tuesday that reporters need a federal shield law so that
 others won't face the same sanctions. 
 
 http://wireservice.wired.com/wired/story.asp?section=BreakingstoryId=1104064
 
 

- --
  Chris Clymer - [EMAIL PROTECTED]
PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8

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Re: Judy Miller needing killing

2005-10-19 Thread Shawn Duffy
Unfortunately, it's not as simple as protecting a source.

Most shield laws, or proposed shield laws, as I understand them,
protect a journalist from revealing a source who is exposing
wrongdoing that is in the public interest.  This is not the same
thing.  The act of leaking the identity of Ms. Plame is, itself, a
crime, not the exposing of wrongdoing.  Now, sending her to jail
certainly betrays the spirit of shield laws, but freedom of the press
does not necessarily protect a journalist who is shielding a felon.



On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1

 You're just trolling, right?

 Congress shall make no law respecting an establishment of religion, or
 prohibiting the free exercise thereof; or abridging the freedom of
 speech, or of the press; or the right of the people peaceably to
 assemble, and to petition the Government for a redress of grievances.

 Sending a reporter to jail for not revealing her source sure sounds like
 its infringing on freedom of the press to me.  The issue isn't HER.  The
 issue is that if I'm someone that wants to blow the whistle on
 something, I'm going to be less likely to do it if the reporter I tell
 might reveal me as her source.  And of course, reporters might be less
 likely to cover such stories if they may end up choosing between
 protecting the source and jail.

 On July of 2005, Miller was jailed for contempt of court by refusing to
 testify before a federal grand jury investigating a leak naming Valerie
 Plame as a covert CIA agent. Miller did not write about Plame, but is
 reportedly in possession of evidence relevant to the leak investigation.
 According to a subpoena, Miller met with an unnamed government official
 ? later revealed to be Scooter Libby, Vice President Cheney's Chief of
 Staff ? on July 8, 2003, two days after former ambassador Joseph Wilson
 published an Op-Ed in the Times criticizing the Bush administration for
 twisting intelligence to justify war in Iraq. (Plame's CIA identity
 was revealed by political commentator Robert Novak on July 14, 2003.)

 That woman went to jail for not revealing the source, on a story SHE
 NEVER EVEN WROTE.  Thats dedication.

 Major Variola (ret.) wrote:
  So this dupe/spy/wannabe journalist thinks that journalists
  should be *special*.. how nice.  Where in the 1st amendment is the class
  journalists mentioned?   She needs a WMD enema.
 
 
  LAS VEGAS (AP) -- New York Times reporter Judith Miller defended her
  decision to go to jail to protect a source and told a journalism
  conference Tuesday that reporters need a federal shield law so that
  others won't face the same sanctions.
 
  http://wireservice.wired.com/wired/story.asp?section=BreakingstoryId=1104064
 
 

 - --
   Chris Clymer - [EMAIL PROTECTED]
 PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8

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 Version: GnuPG v1.2.7 (GNU/Linux)
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Re: Judy Miller needing killing

2005-10-19 Thread Chris Clymer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

My understanding is that she only went to jail because of a federal law
passed in the early 80's designed to protect undercover federal agents.

Maybe I'm misunderstanding, but I was under the impression that were it
not for that law, there would be no need for a shield law...just
stronger clarification of that law.  Did this issue go before the
supreme court...have they ruled that the law is constitutional?

Freedom of the press should protect a reporter from prosecution fromt he
reporting of ANYTHING.  Reporting about a felon is fine(i don't think
current laws dispute this).  If in addition to that, the reporter is
breaking ANOTHER law by shielding a felon, thats another issue altogether.

We're talking freedom to report things, not freedom for a reporter to do
anything they wish.

Shawn Duffy wrote:
 Unfortunately, it's not as simple as protecting a source.
 
 Most shield laws, or proposed shield laws, as I understand them,
 protect a journalist from revealing a source who is exposing
 wrongdoing that is in the public interest.  This is not the same
 thing.  The act of leaking the identity of Ms. Plame is, itself, a
 crime, not the exposing of wrongdoing.  Now, sending her to jail
 certainly betrays the spirit of shield laws, but freedom of the press
 does not necessarily protect a journalist who is shielding a felon.
 
 
 
 On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:
 
 You're just trolling, right?
 
 Congress shall make no law respecting an establishment of religion, or
 prohibiting the free exercise thereof; or abridging the freedom of
 speech, or of the press; or the right of the people peaceably to
 assemble, and to petition the Government for a redress of grievances.
 
 Sending a reporter to jail for not revealing her source sure sounds like
 its infringing on freedom of the press to me.  The issue isn't HER.  The
 issue is that if I'm someone that wants to blow the whistle on
 something, I'm going to be less likely to do it if the reporter I tell
 might reveal me as her source.  And of course, reporters might be less
 likely to cover such stories if they may end up choosing between
 protecting the source and jail.
 
 On July of 2005, Miller was jailed for contempt of court by refusing to
 testify before a federal grand jury investigating a leak naming Valerie
 Plame as a covert CIA agent. Miller did not write about Plame, but is
 reportedly in possession of evidence relevant to the leak investigation.
 According to a subpoena, Miller met with an unnamed government official
 ? later revealed to be Scooter Libby, Vice President Cheney's Chief of
 Staff ? on July 8, 2003, two days after former ambassador Joseph Wilson
 published an Op-Ed in the Times criticizing the Bush administration for
 twisting intelligence to justify war in Iraq. (Plame's CIA identity
 was revealed by political commentator Robert Novak on July 14, 2003.)
 
 That woman went to jail for not revealing the source, on a story SHE
 NEVER EVEN WROTE.  Thats dedication.
 
 Major Variola (ret.) wrote:
 
So this dupe/spy/wannabe journalist thinks that journalists
should be *special*.. how nice.  Where in the 1st amendment is the class
journalists mentioned?   She needs a WMD enema.
 
 
LAS VEGAS (AP) -- New York Times reporter Judith Miller defended her
decision to go to jail to protect a source and told a journalism
conference Tuesday that reporters need a federal shield law so that
others won't face the same sanctions.
 
http://wireservice.wired.com/wired/story.asp?section=BreakingstoryId=1104064
 
 
 
 --
   Chris Clymer - [EMAIL PROTECTED]
 PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8
 

- --
  Chris Clymer - [EMAIL PROTECTED]
PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8

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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

 On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:

 You're just trolling, right?

[snip]

 Major Variola (ret.) wrote:

So this dupe/spy/wannabe journalist thinks that journalists
should be *special*.. how nice.  Where in the 1st amendment is the class
journalists mentioned?   She needs a WMD enema.


The problem is that reporters want to be made into a special class of people 
that don't have to abide by the same laws as the rest of us.  Are you a 
reporter?  Am I?  Is the National Inquirer?  How about Drudge?  What about 
bloggers?  Which agency will you have to apply to in order to get a 
Journalism License?  And will this License to Report entitle one to ignore 
subpoenas from federal grand juries?


Reporters should have no rights the rest of us don't have.  It's hard to 
imagine the framers of the constitution approving an amendment that said 
freedom of the press is granted to all those who first apply for and receive 
permission from the government.


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Justin
On 2005-10-19T19:59:18+, Gil Hamilton wrote:
 
 Reporters should have no rights the rest of us don't have.  It's hard to 
 imagine the framers of the constitution approving an amendment that said 
 freedom of the press is granted to all those who first apply for and 
 receive permission from the government.

Blame the framers.  They separately enumerated freedom of speech and
freedom of the press, which suggests at least a little bit that freedom
of the press includes something extra.

-- 
Do you know what your sin is?



Re: Judy Miller needing killing

2005-10-19 Thread Dave Howe
Gil Hamilton wrote:
 The problem is that reporters want to be made into a special class of
 people that don't have to abide by the same laws as the rest of us.  Are
 you a reporter?  Am I?  Is the National Inquirer?  How about Drudge? 
 What about bloggers?  Which agency will you have to apply to in order to
 get a Journalism License?  And will this License to Report entitle one
 to ignore subpoenas from federal grand juries?
  Problem there is - Miller didn't write the story, pass on the info to anyone
else, or indeed do much more than have a conversation with an unnamed source
where a classified name was revealed.  The Grand Jury is aware that Miller had
this info but refused to reveal who the informant was.
  On the other hand - Robert Novak got the same information, REPORTED it - and
isn't in any sort of trouble at all. Somehow this isn't the issue though... and
I wonder why?



Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

Dave Howe wrote:

Gil Hamilton wrote:
 The problem is that reporters want to be made into a special class of
 people that don't have to abide by the same laws as the rest of us.  Are
 you a reporter?  Am I?  Is the National Inquirer?  How about Drudge?
 What about bloggers?  Which agency will you have to apply to in order to
 get a Journalism License?  And will this License to Report entitle one
 to ignore subpoenas from federal grand juries?
  Problem there is - Miller didn't write the story, pass on the info to 
anyone
else, or indeed do much more than have a conversation with an unnamed 
source
where a classified name was revealed.  The Grand Jury is aware that Miller 
had

this info but refused to reveal who the informant was.


I've never heard it disclosed how the prosecutor discovered that Miller had 
had such a conversation but it isn't relevant anyway.  The question is, can 
she defy a subpoena based on membership in the privileged Reporter class 
that an ordinary person could not defy?



  On the other hand - Robert Novak got the same information, REPORTED it - 
and
isn't in any sort of trouble at all. Somehow this isn't the issue though... 
and

I wonder why?


I don't know this either; perhaps because he immediately rolled over when he 
got subpoenaed?


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

Justin [EMAIL PROTECTED]wrote:

On 2005-10-19T19:59:18+, Gil Hamilton wrote:

 Reporters should have no rights the rest of us don't have.  It's hard to
 imagine the framers of the constitution approving an amendment that said
 freedom of the press is granted to all those who first apply for and
 receive permission from the government.

Blame the framers.  They separately enumerated freedom of speech and
freedom of the press, which suggests at least a little bit that freedom
of the press includes something extra.


Yes, it specifies printed material rather than spoken; this wouldn't have 
been unusual to them -- English law has long distinguished libel from 
slander, for example.  Your statement implies that you think the framers 
were being deliberately vague or encoding various sorts of subtle nuances in 
the amendment's language.  It's much simpler to presume that they said what 
they intended to say.


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Dave Howe
Gil Hamilton wrote:
 I've never heard it disclosed how the prosecutor discovered that Miller had
 had such a conversation but it isn't relevant anyway.  The question is, can
 she defy a subpoena based on membership in the privileged Reporter class that
 an ordinary person could not defy?
Why not? while Miller could well be prosecuted for revealing the identity, had
she done so - she didn't. Why should *anyone* be jailed for failing to reveal
who they had talked to in confidence? I am all in favour of people being tried
for their actions, but not for thoughtcrimes.

 On the other hand - Robert Novak got the same information, REPORTED it -
 and isn't in any sort of trouble at all. Somehow this isn't the issue 
 though... and I wonder why?
 I don't know this either; perhaps because he immediately rolled over when he
 got subpoenaed?
And yet Novak is the one who purportedly committed a crime - revealing the
identity of an agent and thus endangering them. So the actual crime (of
revealing) isn't important, but talking to a reporter is?



Re: Judy Miller needing killing

2005-10-19 Thread Chris Clymer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

My understanding is that she only went to jail because of a federal law
passed in the early 80's designed to protect undercover federal agents.

Maybe I'm misunderstanding, but I was under the impression that were it
not for that law, there would be no need for a shield law...just
stronger clarification of that law.  Did this issue go before the
supreme court...have they ruled that the law is constitutional?

Freedom of the press should protect a reporter from prosecution fromt he
reporting of ANYTHING.  Reporting about a felon is fine(i don't think
current laws dispute this).  If in addition to that, the reporter is
breaking ANOTHER law by shielding a felon, thats another issue altogether.

We're talking freedom to report things, not freedom for a reporter to do
anything they wish.

Shawn Duffy wrote:
 Unfortunately, it's not as simple as protecting a source.
 
 Most shield laws, or proposed shield laws, as I understand them,
 protect a journalist from revealing a source who is exposing
 wrongdoing that is in the public interest.  This is not the same
 thing.  The act of leaking the identity of Ms. Plame is, itself, a
 crime, not the exposing of wrongdoing.  Now, sending her to jail
 certainly betrays the spirit of shield laws, but freedom of the press
 does not necessarily protect a journalist who is shielding a felon.
 
 
 
 On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:
 
 You're just trolling, right?
 
 Congress shall make no law respecting an establishment of religion, or
 prohibiting the free exercise thereof; or abridging the freedom of
 speech, or of the press; or the right of the people peaceably to
 assemble, and to petition the Government for a redress of grievances.
 
 Sending a reporter to jail for not revealing her source sure sounds like
 its infringing on freedom of the press to me.  The issue isn't HER.  The
 issue is that if I'm someone that wants to blow the whistle on
 something, I'm going to be less likely to do it if the reporter I tell
 might reveal me as her source.  And of course, reporters might be less
 likely to cover such stories if they may end up choosing between
 protecting the source and jail.
 
 On July of 2005, Miller was jailed for contempt of court by refusing to
 testify before a federal grand jury investigating a leak naming Valerie
 Plame as a covert CIA agent. Miller did not write about Plame, but is
 reportedly in possession of evidence relevant to the leak investigation.
 According to a subpoena, Miller met with an unnamed government official
 ? later revealed to be Scooter Libby, Vice President Cheney's Chief of
 Staff ? on July 8, 2003, two days after former ambassador Joseph Wilson
 published an Op-Ed in the Times criticizing the Bush administration for
 twisting intelligence to justify war in Iraq. (Plame's CIA identity
 was revealed by political commentator Robert Novak on July 14, 2003.)
 
 That woman went to jail for not revealing the source, on a story SHE
 NEVER EVEN WROTE.  Thats dedication.
 
 Major Variola (ret.) wrote:
 
So this dupe/spy/wannabe journalist thinks that journalists
should be *special*.. how nice.  Where in the 1st amendment is the class
journalists mentioned?   She needs a WMD enema.
 
 
LAS VEGAS (AP) -- New York Times reporter Judith Miller defended her
decision to go to jail to protect a source and told a journalism
conference Tuesday that reporters need a federal shield law so that
others won't face the same sanctions.
 
http://wireservice.wired.com/wired/story.asp?section=BreakingstoryId=1104064
 
 
 
 --
   Chris Clymer - [EMAIL PROTECTED]
 PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8
 

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Re: Judy Miller needing killing

2005-10-19 Thread Shawn Duffy
Unfortunately, it's not as simple as protecting a source.

Most shield laws, or proposed shield laws, as I understand them,
protect a journalist from revealing a source who is exposing
wrongdoing that is in the public interest.  This is not the same
thing.  The act of leaking the identity of Ms. Plame is, itself, a
crime, not the exposing of wrongdoing.  Now, sending her to jail
certainly betrays the spirit of shield laws, but freedom of the press
does not necessarily protect a journalist who is shielding a felon.



On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1

 You're just trolling, right?

 Congress shall make no law respecting an establishment of religion, or
 prohibiting the free exercise thereof; or abridging the freedom of
 speech, or of the press; or the right of the people peaceably to
 assemble, and to petition the Government for a redress of grievances.

 Sending a reporter to jail for not revealing her source sure sounds like
 its infringing on freedom of the press to me.  The issue isn't HER.  The
 issue is that if I'm someone that wants to blow the whistle on
 something, I'm going to be less likely to do it if the reporter I tell
 might reveal me as her source.  And of course, reporters might be less
 likely to cover such stories if they may end up choosing between
 protecting the source and jail.

 On July of 2005, Miller was jailed for contempt of court by refusing to
 testify before a federal grand jury investigating a leak naming Valerie
 Plame as a covert CIA agent. Miller did not write about Plame, but is
 reportedly in possession of evidence relevant to the leak investigation.
 According to a subpoena, Miller met with an unnamed government official
 ? later revealed to be Scooter Libby, Vice President Cheney's Chief of
 Staff ? on July 8, 2003, two days after former ambassador Joseph Wilson
 published an Op-Ed in the Times criticizing the Bush administration for
 twisting intelligence to justify war in Iraq. (Plame's CIA identity
 was revealed by political commentator Robert Novak on July 14, 2003.)

 That woman went to jail for not revealing the source, on a story SHE
 NEVER EVEN WROTE.  Thats dedication.

 Major Variola (ret.) wrote:
  So this dupe/spy/wannabe journalist thinks that journalists
  should be *special*.. how nice.  Where in the 1st amendment is the class
  journalists mentioned?   She needs a WMD enema.
 
 
  LAS VEGAS (AP) -- New York Times reporter Judith Miller defended her
  decision to go to jail to protect a source and told a journalism
  conference Tuesday that reporters need a federal shield law so that
  others won't face the same sanctions.
 
  http://wireservice.wired.com/wired/story.asp?section=BreakingstoryId=1104064
 
 

 - --
   Chris Clymer - [EMAIL PROTECTED]
 PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8

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 Version: GnuPG v1.2.7 (GNU/Linux)
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Re: Judy Miller needing killing

2005-10-19 Thread Chris Clymer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

You're just trolling, right?

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.

Sending a reporter to jail for not revealing her source sure sounds like
its infringing on freedom of the press to me.  The issue isn't HER.  The
issue is that if I'm someone that wants to blow the whistle on
something, I'm going to be less likely to do it if the reporter I tell
might reveal me as her source.  And of course, reporters might be less
likely to cover such stories if they may end up choosing between
protecting the source and jail.

On July of 2005, Miller was jailed for contempt of court by refusing to
testify before a federal grand jury investigating a leak naming Valerie
Plame as a covert CIA agent. Miller did not write about Plame, but is
reportedly in possession of evidence relevant to the leak investigation.
According to a subpoena, Miller met with an unnamed government official
? later revealed to be Scooter Libby, Vice President Cheney's Chief of
Staff ? on July 8, 2003, two days after former ambassador Joseph Wilson
published an Op-Ed in the Times criticizing the Bush administration for
twisting intelligence to justify war in Iraq. (Plame's CIA identity
was revealed by political commentator Robert Novak on July 14, 2003.)

That woman went to jail for not revealing the source, on a story SHE
NEVER EVEN WROTE.  Thats dedication.

Major Variola (ret.) wrote:
 So this dupe/spy/wannabe journalist thinks that journalists
 should be *special*.. how nice.  Where in the 1st amendment is the class
 journalists mentioned?   She needs a WMD enema.
 
 
 LAS VEGAS (AP) -- New York Times reporter Judith Miller defended her
 decision to go to jail to protect a source and told a journalism
 conference Tuesday that reporters need a federal shield law so that
 others won't face the same sanctions. 
 
 http://wireservice.wired.com/wired/story.asp?section=BreakingstoryId=1104064
 
 

- --
  Chris Clymer - [EMAIL PROTECTED]
PGP: E546 19B6 D1EC 47A7 CAA0 8623 C807 398C CD27 15B8

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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

 On 10/19/05, Chris Clymer [EMAIL PROTECTED] wrote:

 You're just trolling, right?

[snip]

 Major Variola (ret.) wrote:

So this dupe/spy/wannabe journalist thinks that journalists
should be *special*.. how nice.  Where in the 1st amendment is the class
journalists mentioned?   She needs a WMD enema.


The problem is that reporters want to be made into a special class of people 
that don't have to abide by the same laws as the rest of us.  Are you a 
reporter?  Am I?  Is the National Inquirer?  How about Drudge?  What about 
bloggers?  Which agency will you have to apply to in order to get a 
Journalism License?  And will this License to Report entitle one to ignore 
subpoenas from federal grand juries?


Reporters should have no rights the rest of us don't have.  It's hard to 
imagine the framers of the constitution approving an amendment that said 
freedom of the press is granted to all those who first apply for and receive 
permission from the government.


GH

_
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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

Justin [EMAIL PROTECTED]wrote:

On 2005-10-19T19:59:18+, Gil Hamilton wrote:

 Reporters should have no rights the rest of us don't have.  It's hard to
 imagine the framers of the constitution approving an amendment that said
 freedom of the press is granted to all those who first apply for and
 receive permission from the government.

Blame the framers.  They separately enumerated freedom of speech and
freedom of the press, which suggests at least a little bit that freedom
of the press includes something extra.


Yes, it specifies printed material rather than spoken; this wouldn't have 
been unusual to them -- English law has long distinguished libel from 
slander, for example.  Your statement implies that you think the framers 
were being deliberately vague or encoding various sorts of subtle nuances in 
the amendment's language.  It's much simpler to presume that they said what 
they intended to say.


GH

_
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Re: Judy Miller needing killing

2005-10-19 Thread Gil Hamilton

Dave Howe wrote:

Gil Hamilton wrote:
 The problem is that reporters want to be made into a special class of
 people that don't have to abide by the same laws as the rest of us.  Are
 you a reporter?  Am I?  Is the National Inquirer?  How about Drudge?
 What about bloggers?  Which agency will you have to apply to in order to
 get a Journalism License?  And will this License to Report entitle one
 to ignore subpoenas from federal grand juries?
  Problem there is - Miller didn't write the story, pass on the info to 
anyone
else, or indeed do much more than have a conversation with an unnamed 
source
where a classified name was revealed.  The Grand Jury is aware that Miller 
had

this info but refused to reveal who the informant was.


I've never heard it disclosed how the prosecutor discovered that Miller had 
had such a conversation but it isn't relevant anyway.  The question is, can 
she defy a subpoena based on membership in the privileged Reporter class 
that an ordinary person could not defy?



  On the other hand - Robert Novak got the same information, REPORTED it - 
and
isn't in any sort of trouble at all. Somehow this isn't the issue though... 
and

I wonder why?


I don't know this either; perhaps because he immediately rolled over when he 
got subpoenaed?


GH

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Re: Judy Miller needing killing

2005-10-19 Thread Dave Howe
Gil Hamilton wrote:
 The problem is that reporters want to be made into a special class of
 people that don't have to abide by the same laws as the rest of us.  Are
 you a reporter?  Am I?  Is the National Inquirer?  How about Drudge? 
 What about bloggers?  Which agency will you have to apply to in order to
 get a Journalism License?  And will this License to Report entitle one
 to ignore subpoenas from federal grand juries?
  Problem there is - Miller didn't write the story, pass on the info to anyone
else, or indeed do much more than have a conversation with an unnamed source
where a classified name was revealed.  The Grand Jury is aware that Miller had
this info but refused to reveal who the informant was.
  On the other hand - Robert Novak got the same information, REPORTED it - and
isn't in any sort of trouble at all. Somehow this isn't the issue though... and
I wonder why?



Re: Judy Miller needing killing

2005-10-19 Thread Justin
On 2005-10-19T19:59:18+, Gil Hamilton wrote:
 
 Reporters should have no rights the rest of us don't have.  It's hard to 
 imagine the framers of the constitution approving an amendment that said 
 freedom of the press is granted to all those who first apply for and 
 receive permission from the government.

Blame the framers.  They separately enumerated freedom of speech and
freedom of the press, which suggests at least a little bit that freedom
of the press includes something extra.

-- 
Do you know what your sin is?