Gil Hamilton wrote:
I've never heard it disclosed how the prosecutor discovered that Miller had had such a conversation but it isn't relevant anyway. The question is, can she defy a subpoena based on membership in the privileged Reporter class that an "ordinary" person could not defy? Why not? while Miller could well be prosecuted for revealing the identity, had she done so - she didn't. Why should *anyone* be jailed for failing to reveal who they had talked to in confidence? I am all in favour of people being tried for their actions, but not for thoughtcrimes.
On the other hand - Robert Novak got the same information, REPORTED it - and isn't in any sort of trouble at all. Somehow this isn't the issue though... and I wonder why? I don't know this either; perhaps because he immediately rolled over when he got subpoenaed? And yet Novak is the one who purportedly committed a crime - revealing the identity of an agent and thus endangering them. So the actual crime (of revealing) isn't important, but talking to a reporter is?