Woodward Had Offered to Serve Part of Miller's Jail Time
Woodward Had Offered to Serve Part of Miller's Jail Time for Refusing to Testify
By E&P Staff
Published: November 16, 2005
NEW YORK
In the wake of his newly-revealed appearance before the Plame federal grand jury, some of Washington Post reporter Bob Woodward's past statements on the CIA leak case can be seen a new light, as shown in another article on the E&P site today.
One interesting twist is looking back at his offer on July 11, 2005, to serve part of New York Times reporter Judith Miller's jail sentence in going to maximum lengths to protect a source and refuse to testify in this matter. Here is part of the transcript from Woodward speaking on Larry King's CNN show that night
*
WOODWARD: But the idea of having a kind of dragnet for all reporters who apparently showed up on phone logs or something like that, and, you know, suppose you had heard about this, Larry, and talking to somebody at lunch, and your name was in a phone record and then they called you before the grand jury. What do you do in a case like that?
KING: Are reporters -- and when Time magazine turned over the papers, their editor said, "we're not above the law." When it comes down it to, this is what the law said, we comply. Are you above the law?
WOODWARD: No. Clearly, we're not above the law. But frequently, people disobey the law. And when you do so, you have to be willing to accept the consequences. And in this case, the consequences, I guess, are a four-month jail sentence, and Judy Miller's willing to do that, to stand on this principle of trust. You know, I...
KING: You said you would have done it, too?
WOODWARD: I would have done it, too. And in fact, you know, maybe I shouldn't say this, but I will ...
KING: Go ahead.
WOODWARD: ... because it came to mind. If the judge would permit it, I would go serve some of her jail time, because I think the principle is that important, and it should be underscored. It's not a casual idea that we have confidential sources. It is absolutely vital. And I'll bet there are all kinds of reporters out there, if we could divvy up this four-month jail sentence -- I suspect the judge would not permit that, but if he would, I'll be first in line.
It's that important to our business.
***
Appearing on MSNBC's "Hardball" with Chris Matthews on July, 11, 2005, the exchange went like this:
MATTHEWS: So, let`s talk about what`s going on right now. Judy Miller sits in D.C. jail tonight, apparently sleeping on the floor, according to a report I read in one of the papers today.... In the leak case involving Joe Wilson and that trip to Niger.
WOODWARD: And that case, when I think it is all told, there is going to be nothing to it. And it is a shame. And the special prosecutor in that case, his behavior, in my view, has been disgraceful.
MATTHEWS: Well, how does he prove...
WOODWARD: That he has not...
MATTHEWS: How does he catch the bad guy?
WOODWARD: Well, he can keep trying. But I think -- look, she didn`t even write a story. Come on. What are you going to do?
I mean, did you ever talk to anybody about this case? Why don`t we just take the whole damn press corps and line them up and everyone can go to the grand jury or jail, because somebody might have talked to somebody about this?
(CROSSTALK)
MATTHEWS: Well, was this, then, a crime? We`re talking about a crime.
WOODWARD: I don`t think there`s any crime.
MATTHEWS: There is a crime on the books now. Just so we know what -- there is a statute that punishes someone who gives away the undercover identity of an FBI agent.
WOODWARD: Intentionally, and a law written because Philip Agee back in the `80s was listing all the people who were undercover agents.
Novak has explained this, Bob Novak, who wrote the original story, and said, he was told this woman, Joe Wilson`s wife, was a weapons of mass destruction analyst in the CIA. He called her an operative because that`s one of the terms he uses in his column. He didn`t know. And...so, it turned out she was an operative. This is an accident. I think the judge in the case also should have found some way to balance...
And we need, in my business, confidential sources. And you`re going to freeze everyone from telling us the truth if you send reporters to jail.
***
From Woodward on NPR's "Fresh Air" with Terry Gross on July 7, 2005 (courtesy of Eschaton blog):
Mr. WOODWARD: In this case involving Judy Miller, the woman who was the CIA undercover operative was working in CIA headquarters. There was no national security threat. There was no jeopardy to her life. There was no nothing. When I think all of the facts come out in this case, it's going to be laughable because the consequences are not that great. If it involves some source in a terrorist organization where the government was trying to find out who was plotting the next attack in America and so forth, you would have a very different set of conditions, and I think probably in those cases, reporters would want to assist the government.
GROSS: Matt Cooper said that, you know, his source released him from the confidentiality agreement at the last minute, so Cooper's going to testify to the grand jury. But both Judy Miller and Matt Cooper said they wouldn't respect the waiver of confidentiality forms that investigators had given out, and they considered those forms coercive. What do you know about those forms and do you think we've entered into a new era with these waivers of confidentiality forms?
WOODWARD: Well, I can't tell you how terrible it is to have the government running around saying, `Oh, we want you to sign this waiver of confidentiality to reporters so we can get at not just who their sources are but try to figure out who was talking in the government and who reporters are talking to.' It's almost worse than the jailing of a reporter, because the sweep and scope of it is so large. You know, again, it's one of these things, it kind of starts in a small way, and then it becomes a very large issue, and you're going to choke off the flow of good information, particularly the kinds of information that the government doesn't want out, and that's often what needs to be published first.
--------------------------------------------------------------------------------
E&P Staff
Links referenced within this article
Find this article at:
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1001522373