Has anyone raised the possiblity that Judy Miller shifted from pleading the first amendment to pleading the fifth amendment yesterday? Wouldn't the "sudden discovery" of the notes expose her to chargers of being part of a criminal conspiracy... If Fitzgerald offered her no deal (Why would he?) wouldn't she plead the 5th on the grounds that any testimony might implicate her in a criminal conspiracy.
How else does one explain the sudden discovery of the notes, the deflated triumphalism and the brevity of the second session with the grand jury?
If reports are true that Judy was running around the NYT saying that Joe Wilson is a liar... and that her "roots are connected with Libby's" why would Fitzgerald strike a deal with her... she appears to be part of a criminal conspiracy...
more below...
Mark Kleiman has an excellent piece from yesterday where he weighs evidence for and against the Jane Hamsher/emptywheel "Mousetrap Theory" of Judy's "newly discovered notes.
Miller didn't mention the June meeting with Libby in her earlier testimony...
Fitzgerald lifted the contempt citation against Miller after today's testimony...
Miller went way beyond the scope of her waiver letter from Libby...
Miller and her colleagues, triumphant after last week's testimony, were much less so after today's...
Miller's testimony lasted only 75 minutes.
The idea that ties all of these strands together is that she was compelled to address the details of the notes, but that any testimony about actions outside that testimony might have exposed her to conspiracy charges... Fitzgerald is in no position right now to be offering Judy any kind of deal, especially if he believes that she was a part of the criminal conspiracy.
Bennett knew that she was in a major pickle, and probably told her that her only legal course was to stick with the story that... she just discovered the notes... she didn't remember the details off the conversation... and that... any other testimony might incriminate her.
It explains the "no comment..." It explains the brevity of the testimony... She is no longer in contempt if she is pleading the fifth... So the contempt order goes away.
Are Judy's roots still connected with Scooters? Can you imagine the PR disaster for the NYT of Judy going from pleading the first to pleading the fifth? I wonder if Lou Dobbs still believes that Patrick Fitzgerald's actions are "disgusting"?