In Re Grand Jury Subpoena, Judith Miller

397 F.3d 964 (D.C. Cir., 2005)

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Nature of the Case

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Facts

Judith Miller (D) was a reporter for the New York Times. Matthew Cooper was a White House reporter for Time Magazine. The New York Times published an op-ed from Joseph Wilson, who claimed that he had been sent to Niger by the CIA to investigate if Sadam Hussein had been seeking uranium. Wilson reported that he had not found any such evidence. Robert Novak published an editorial in the Chicago Sun-Times where he claimed that he was told by two senior administration officials that Wilson’s selection to go to Niger was at the suggestion of Wilson’s wife, Valerie Plame, a CIA agent. It is a crime to reveal the identity of a CIA agent. An investigation was initiated to see if any government employees had violated federal law Patrick Fitzgerald, special counsel, subpoenaed Ds. Ds refused to comply with the subpoenas, and the District Court held them in contempt. Ds’ appealed claiming a reporter’s privilege arising from the First Amendment or common law.