Maybe, but it depends on what happens in the intensifying perjury
and obstruction of justice case against Scooter Libby this week.Inquiring minds want to know -- and so they should, by the end of this month, as complex pre-trial legal maneuvering in the perjury and obstruction of justice case against former White House official I. Lewis (Scooter) Libby comes to a head.
Miller, the ex-New York Times reporter at the center of the affair who famously spent eighty-five days in the slammer before revealing that Libby was in fact her once-anonymous source, declined to speak on the record about the possibility of further incarceration, saying that to do so would be like "waving a red flag at the judge." Miller's attorneys also declined comment, but lawyers close to the ongoing legal skirmish between Libby and Miller, three other reporters and three major news organizations say the question will be answered later this month, once U.S. District Court Judge Reggie B. Walton finishes sorting out the various motions, filings and arguments now being advanced by all sides in the case.
The latest significant filings came last week. On Friday, Judge Walton refused to give Libby access to a wide range of information from several government agencies, saying he would not allow the trial in the CIA leak case to become a debate over the war in Iraq.
"I don't see how that will help us determine whether Mr. Libby lied when he talked to the FBI and went before the grand jury," the judge told defense lawyers, although he did order Special Counsel Patrick Fitzgerald to turn over evidence -- if he has any -- of when and how President Bush and Vice President Cheney decided to declassify part of a secret government intelligence report on Iraq so Libby could disclose it to Miller in an effort to discredit administration critics in 2003. The judge also appeared disposed to deny a defense request for documents Fitzgerald has related to the activities of White House adviser Karl Rove. Rove remains under investigation, and will be a defense witness if the prosecution doesn't call him to testify - or indict him - first.
http://www.alternet.org/columnists/story/36001/