Why Miller is in jail. And why, probably, Novak isn't. Yet.

[Inland]

The grand jury convenes. Everyone subpoenaed has to testify unless they have a "privilege". A subpoena is a court order.

The reporters didn't disclose anyone's identity, and are not in danger of being accused of a crime in outing Plame. They are, however, witnesses, because WH dirtbags contacted them and asked them to print the outing (supposedly).

When called to testify, they refuse and claim a reporters privilege of some kind. The court rules there is no privilege, Miller still refuses. That's contempt of court, for disobeying an order of court, without privilege, right in the court's face.

Miller goes to jail SOLELY FOR THE PURPOSE OF COMPELLING COMPLIANCE with the order that she testify. If she wants to go home, all she has to do is bang on the door and say she's ready to take the oath and answer questions before the grand jury. As they say, she holds the key to the cell door. That's why its so weird that her attorneys asked for home confinement: did they have no idea that the purpose was to make it rough, not easy?

Novak, however, did publish the identity, and is in some danger of being charged with something. Therefore HE claims a privilege under the fifth amendment to not incriminate himself through testimony. He wins; he has a privilege that trumps the court's orders to testify in the form of his fifth amendment right.

It's some speculation for me to say that Novak took the fifth, of course, because grand jury proceedings are secret, but it makes sense....if he had tried the reporters privilege, he would have already lost, as Miller did; if he had testified, his career would have been over; and if he admitted taking the fifth, Jon Stewart would lampoon him mercilessly. So he is silent on what happened.

Now Novak isn't in a position where he can get himself out of trouble by testifying, like Miller. He could well be charged and given a sentence based on what he would say. He hopes that he has the best of both worlds, where he refuses to testify because he could possibly be charged and still never gets charged. We'll see.

[whistle]

1. Before they can put Robert Novak in jail, they will have to put...

....him in an alcohol detoxification facilty for ten days

[Inland]

2. They'll have to put him on trial. And that may still happen. nt

[still_one]

3. they need to do something with his teeth also

[graywarrior]

4. Ya mean these teeth?

[Auntie Bush]

5. Ten Days! It will take a year to get all the Booze out of him.

It will be as difficult as getting his money! Fat chance!