> I am not sure whether she has refused to testify at all vs testify as > to her source, but what the prosecutor really wants is the name of her > source, right? So the distinction seems academic. I thought the Time > reporter was released from his pledge by his source.... but I coud be > wrong.
There is a non-acedemic distinction here - by refusing to appear she is breaking the law http://www.tba.org/LawBytes/T9_1807.html defines a subpoena but here's a snippet: "A subpoena is a written court order requiring the attendance of the person named in the subpoena at a specified time and place for the purpose of being questioned under oath concerning a particular matter which is the subject of an investigation, proceeding, or lawsuit." Further down in the text: "If you are served with a subpoena, you cannot ignore it. If you do, you risk being held in contempt of court..." This is what has happened with Mrs. Miller, she refused to follow the instruction of the independent council as indicated by a subpoena. She did attempt to vacate the subpoena and that request went as high as the Supreme Court. Even after their refusal to modify it she declined to appear and was therefore found in contempt - which is why she was jailed. The one thing that I don't know is whether she could have appeared and stated in her testimony that she was protected by the First Ammendment and could not be forced to reveal her source if she would be walking free today. Hatton ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Discover CFTicket - The leading ColdFusion Help Desk and Trouble Ticket application http://www.houseoffusion.com/banners/view.cfm?bannerid=48 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:164151 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
