Confidential Sources

Asking investigative reporters to work without the ability to keep sources confidential is like asking a special prosecutor to do his job without the power of the subpoena.

In the case of "outed" CIA agent Valerie Plame, this reality has obviously escaped the comprehension of a fanatically zealous special prosecutor, Patrick Fitzgerald, and a judicial hooligan named Hogan--Judge Thomas.

The argument has been made that if Fitzgerald and Hogan had been around in 1973, Bob Woodward and Carl Bernstein might have ended up sitting in a jail cell for disclosing Grand Jury testimony instead of pursuing a story that brought down President Nixon. It's a chilling argument.

In this case, New York Times reporter Judy Miller is actually sitting in a jail cell for refusing to name her sources for a story she never even wrote! At the same time, columnist Robert Novak (known in Washington as Robert No Facts) goes free, although it was he who actually exposed Plame as a CIA agent. Somewhere, Franz Kafka must be smiling.

Did Novak make a deal with the prosecutor? He won't say. He obviously thinks it's OK to out a CIA agent, but not to out himself.
What would a real journalist do in this situation?

This case underscores the need for a federal shield law of the kind that already exists in 49 states. Every journalistic institution in the country--print, electronic, academic and online--should hound their Senators and US Representatives to pass such a law, which has in fact been introduced in the Senate.

Meanwhile, Judy Miller should get a visit every day by somebody from a news organization to show journalistic solidarity.

One other thing. I wish I were a member of Congress so that I could initiate impeachment proceedings against Judge Hogan for rendering one of the most anti-democratic rulings in American history.