News

Miller Sent to Jail, Cooper to Testify About Source

July 06, 2005

After the Supreme Court refused last week to hear the appeals of reporters Matthew Cooper and Judith Miller, The New York Time’s reporter Judith Miller was sent to jail on July 6 for contempt of court.  She will remain in custody until she agrees to testify about the name of her source in the leak of a CIA agent’s name, or until the end of the grand jury’s term in October.  Separately, Time magazine’s Matthew Cooper agreed to testify to the grand jury about the name of his source, stating that his source was “comfortable” with the testimony.  Cooper said he was prepared to go to jail, but that his source contacted him only a few hours before he was to appear before District Court Judge Hogan, along with Miller, and gave him permission to testify.

On June 27th, the U.S. Supreme Court rejected the reporters’ appeals in the cases of Cooper v. United States and Miller v. United States, letting stand a District Court order that the reporters turn over their sources, as subpoenaed by the Special Counsel investigating the leak of CIA agent Valerie Plame’s name.  Ms. Plame’s name was was originally revealed in a story written by Robert Novak.  Cooper subsequently wrote about the controversy following Novak’s revelation, and Miller conducted research, though did not write about it.  Novak has not revealed the sources of the leak, and has not been held in contempt. 

Earlier this week, Time magazine agreed to turn over Cooper’s notes, though Cooper was personally opposed to the decision.  Cooper said that before his source contacted him with “unambiguous” permission to testify to the grand jury, he was ready to go to jail: “I said goodbye to my six-year-old son and told him that I wasn’t sure when I would be back.”

Regarding Miller’s decision not to testify before the grand jury, The New York Times’ Executive Editor, Bill Heller, said, “Judy Miller made a commitment to her source and she’s standing by it.” He added, “this is a chilling conclusion to an ultimately confounding case.”

For updated information on the Free Flow of Information Act of 2005 and shield laws for jouralists, generally, please see
The Importance of a Federal Shield Law to Protect Journalists

To write a letter of support to Ms. Miller:

Alexandria Detention Center
Inmate Number 45570083
Judith Miller
2001 Mill Road
Alexandria, Virginia 22314