But the NYT ducking out while Time Mag was squeezed hard never rang true.
"The NYT was able to convince Fitzgerald and some skeptical judges that they didn't have anything. But Time Magazine was not so lucky. They were named in contempt of court and eventually--before Cooper testified--they gave up Cooper's notes to avoid punishment for contempt of court."
This was not the case, if the NYT did hand over copies of Miller's notes, when Fitzgerald came calling.
I've laid out my conjecture in a previous thread, and here it is.
-----------------------
The NYT's Outed Miller
A couple of things have always bothered me about this whole fiasco. One, why Miller was called to the grand jury without ever being published on the Plame matter. And two, why the NYT's ducked being squeezed, while Fitzgerald dropped the hammer on Time Magazine.
All I am left with is conjecture. If it unfolded thusly, these two anomalies suddenly fit, and also explain the latest misdirection concerning Miller's newly found notes.
It has been reported by people like Arianna Huffington, that the NYT's pending Miller mea culpa will be edited by this guy.
One promising sign is that, as Jay Rosen reports, the piece on Miller will be edited by deputy managing editor Jonathan Landman, who, a year before the Jayson Blair scandal broke, had written an e-mail warning: "We have to stop Jayson from writing for the Times. Right now."
Bear with me, and ask the question, would it have made sense for the NYT to have assigned Landman as Miller's personal handler/fact checker after they published their Blair sackcloth and ashes editorial in May 2003?
You bet it did.
If this is true, then Judy was handled by Landman starting around May 2003, prior to her taking notes about Plame.
I think the following happened.
All Miller's product is vetted by Landman after May 2003.
Landman spikes Miller's piece on Plame, keeping copies of her source material.
Fitzgerald ends up taking Time Magazine to court, but not, the NYT, because Landman simply handed over Miller's raw data at that time, without Miller's knowledge. It's more of Judy's neocon disinformation and he knows it. He is more likely to out sources like that, not protect them.
Miller thinks she has a choice; wrap herself in the first amendment to avoid revealing her collaboration with Libby et al in the Plame outing ( I wouldn't be surprised if Miller herself was Novak's original source, the one "without a partisan axe to grind") or come clean and go down the drain with the politicos she was flacking for.
Fitzgerald plays along, lets her sit, then gives Miller her limited sources proviso, because it doesn't matter. He even asks Luskin to get Libby to restate his source release to Miller.
Judy does her 15 minutes of first amendment fame, then testifies and perjures herself as proven by her notes that Fitzgerald has copies of already.
Fitzgerald drops the hammer on Judy about what he has known all along and, presto, she finds notes.
I think Fitzgerald has had these guys by the nuts since Landman or someone like him at the Times gave up Miller's work product, at around the time Cooper went to court. Anybody who has been before that grand jury, he played them, letting them lie themselves into a corner.
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the NYT's printed
Their Blair retraction in May 2003.
They had Miller back in New York from Iraq within a month, they were looking at her hard concerning what she was submitting while imbedded with a WMD task force. Her last shot about WMD's was concerning the so called mobile chemical weapon's labs, and it was patent garbage.
She was under heavy attack by MSM types like Howard Kurtz and Joe Conason at the time. As soon as the Times purged Blair's enablers, who also were Miller's biggest boosters, it would not have been much of a leap for the editorial side to put the clamps on her.
If a so called source is using a so called reporter like Miller to plant disinformation instead of verify a story, that source is not a source, and they lose any expectation of journalistic shielding.
I think the NYT knew that they had been had on WMD's when they pulled Miller out of Iraq.
They couldn't admit it so soon after the Blair hit they took.
So they put Miller in a box. She never published about Plame, but she researched it. They spiked the non story and gave up her work product when Fitzgerald came calling.
It's the only explanation for the NYT's not being subpeonaed like Time Magazine was.
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she put herself in jail
when she originally refused to testify. She wrapped herself in the first amendment and thought she could tough it out, because she was too stupid to realize the NYT had given up her work product.
All Fitzgerald wanted was to let her perjure herself by contradicting what the NYT managing editors gave him without a subpeona, which is what she had to do to cover her selling out to Cheney's neocon cabal, or come clean on her part in the outing of Plame to discredit Wilson.
Remember, Judy gladly whored for Cheney and the boys on WMD's. What would Fitzgerald care if she sat in jail, it makes his case better by putting the pressure on the same guys coming in to testify. He gives her limitation on testimony, too, which on the surface was weak, unless he already had her ass nailed to the wall.
I think Fitzgerald had Miller and whoever was feeding her disinformation, hanging on the cross, from the moment he asked the NYT's for source info, and they gave it up.
Is he that smart? Libby, Rove, all these guys parsing their testimony because they think that as long as Miller sits, Fitzgerald is in the dark?
I think he already had them.
He wasn't questioning them to get information, he was questioning them so they would commit perjury, and enhance conspiracy indictments with lies that amount to accessory after the fact.
"you can't beat them on the rink if you can't beat them in the alley"....Conn Smythe
by PeteyPuck on Sun Oct 09, 2005 at 07:59:55 PM PDT
http://www.dailykos.com/story/2005/10/9/192555/974
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