it's my understanding that she did appear, but I could be mistaken. She was present but said she could not name her source. That's what I understand.
Dana On 7/9/05, C. Hatton Humphrey <[EMAIL PROTECTED]> wrote: > > 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:5:164157 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
