http://www.alternet.org/mediaculture/36001/Judith Miller: Headed Back to Jail?By Rory O'Connor, AlterNet
Posted on May 8, 2006, Printed on May 9, 2006
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What does that mean, in plain English? "Should the judge rule in favor of Libby and say that these documents must be turned over," the attorney responded, "There will likely be no avenue of appeal."
Before ruling, however, Judge Walton may decide he wants to look at the documents himself, in camera, to determine their relevance. If he then decides that Miller must turn over the material detailed in the subpoena, she will face a decision similar to the one that previously landed her in jail: whether or not to comply with a court order. Should Miller again choose not to, the lawyer conceded, "There is a distinct possibility of her being held in civil contempt, along the same lines as before.
"We're still miles from that scenario," the lawyer cautioned. "First, replies have to be filed to Libby's May 2 opposition to the motions to quash. Then there will be oral arguments on the 16th. Then there's the possibility the judge will choose to review the documents in camera. So everyone is hoping that bridge will not have to be crossed.
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The attorney believes the odds are "pretty low" that the judge will rule in Libby's favor, since like many observers, he views the subpoenas as "overly broad" by most legal standards. But there have been enough twists and turns in the affair thus far that he does not rule anything out - including the possibility that Judge Walton will compel Judy Miller to turn over everything the Libby defense team is demanding. Should that happen, Miller will once again have to decide whether to give the judge want he wants, or instead to stand on principle, invoke the First Amendment... and head right back to jail.
In other words, soon - most likely by month's end -- it could be déjà vu, and 'Miller Time,' all over again.