Watching McCain on Leno tonight... McCain doesn't know why, and neither does Jay, Miller is in jail when "she didn't print a word about it".
This is an opportunity for me to explain why I personally think so.
It's because she didn't write anything. Printing a story is not a crime. Regular citizens who also don't write stories in the New York Times would have to give the information the prosecutor requested or face jail. In this case, Miller did not act as a journalist, and so shouldn't get any special privileges. You don't get this protection for "being" (a journalist), you get it for doing (journalism).
NOT printing the story means that the source of the information was not really a "source"... and she is thereby a co-conspirator. Had she printed a story, I think, not legally, but I think, her argument for special protection would actually be stronger.
So I see reasons that Miller is in jail. While I support the protection of sources that's just not the case if you are really a co-conspirator, and we have the Chalabi-experience to tell us if Miller has been unfairly cast as a conspirator rather than journalist, or if the shoe fits.
PS: the story Judy should have printed was "my buddies in the WhiteHouse want me to out a CIA agent, but I won't"
PPS: Have you noticed Bush and the WH could free Miller immediately, they know the source, they say they have done nothing illegal and so they could solve the problem by releasing the information on Miller's behalf and coming clean. Just like Bush to let Miller rot in jail.