Ticomaya wrote:kuvasz wrote: the appeals court decision was left standing.
Of course the Appellate Court's decision was "left standing." To quote our sage Chrissee: "
Duh." Why would I try and twist it -- that much is obvious ... and I should point out that is about the only correct statement you made in your effort to explain the unknown rationale of the Supreme Court in its decision to not grant cert in this particular matter. The "twisting" here is being done by you as you try and assign meaning to the very routine and discretionary function of the Supreme Court in deciding whether or not to grant cert.
Quote:you can twist it any other way your right wing heart desires but you are going to have to accept that the Supreme Court decided that the appeals court decision was decided correctly. otherwise, they would have stepped in and taken the case.
Again, I will ask you to provide ANY substantiation for this claim. In the absence of any evidence to back up your claim, I will accept your statement that you are purely guessing here, because you really don't know what you're talking about.
The fact that the Supreme Court decided to not grant cert does NOT mean it decided the underlying matter was decided correctly.
Quote:by not accepting the case, the Supreme Court found the of the circumstances illustrated by the amicus brief filed by the media lawyers without merit vis-a-vis the legitimacy of the Grand Jury.
Really? Let me ask you this: When in those rare instances the Supreme Court actually decides to grant certiorari, is it your position that in doing so, it has decided that the arguments of the appellant(s) -- and in fact the arguments of any
amici curiae who may have filed briefs with the lower court --
are meritorious? Given your demonstrated limited understanding of this process, it would not surprise me in the least ...
Quote:that is why the Appeals Court sent Miller to jail. the fact that Miller sits in a jail today is prima fascia evidence that the Supreme Court concurred with the Appeals Court that there as sufficient evidence that a crime had been committed. it rejects the argument that Plame was no longer covered by the law Fitzgerald was using to sit the Grand Jury.
That statement might be even more ridiculous. The fact that Miller is in jail is because the Court of Appeals' ruling -- that any qualified reporter's privilege was overcome on the particular facts of this case -- stands. By refusing certiorari, the Supreme Court does not concur with the findings of a lower court. If you continue to insist otherwise you are only showing the breadth of your lack of knowledge on this particular subject.
Quote:The fact that the Supreme Court decided to not grant cert does NOT mean it decided the underlying matter was decided correctly.
So, where are the cases the Supreme Court takes when they conclude that the Appellate Courts decide correctly on the merits? For the Supreme Court to take a case means that there is disagreement on the Supreme Court as to the merits of a case decided at the Appellate level.
Their silence on this case speaks louder than mere words could.
You have to be joking here. You are arguing with the wrong person. The only issue is that the Appellate Court did not believe the details of the amicus brief rose to the level of dismissing the contempt charges against Miller. Those details were found to be insufficient evidence to substantiate that Plame was already outed before Novak wrote about her.
That was the basic issue of the article posted by foxfyre, viz., that since Plame was already outed prior to Novak's column, any investigations of criminal activity pertaining to Novak's public revealations were without merit.
Argue your position with the judges on Appellate Court if you desire, but at least recognize that the Appellate Court already said you, the author of that article (and the premise of the amicus brief) are wrong.
And if the Supreme Court had thought that the Appellate Court rulings were wrong, and you and the amicus brief were correct, they would have taken the case.
Since this was a matter where the freedom of the press was allegedly at issue, and a journalist jailed for contempt, it was not one that the Supreme Court took lightly. Yet, they decided to let the Appellate Court ruling stand and jail Miller.
Oddly, the brief attacks the Executive Branch as conspiring to deny that Plame was outed earlier out of embarrassment.
The brief, (page) 13 states that
Quote: "there should be abundant concern that the CIA may have initiated this investigation out of embarrassment over revelations of its own shortcomings."
The brief calls into question whether there was collusion between the Judiciary (in the Appellate Court's first decision on this matter, since the brief was filed in the Appellate Court after the first ruling by that court), and the Exective Branch (the special prosecutor office and the CIA) about this matter, or at best, incompetence by all of the aforementioned parties. Just read the amicus brief, it only runs a couple of dozen pages in total. What else are they going to try, accuse Fitzgerald and the CIA of being influenced about this by Bill Clinton's powerful penis?
btw: if you care to read the amicus brief (written March of 2005), you will see nascent the arguments the right has already begun floating, viz., special proscutor fitzgerald was incompetent.