Daily Kos

Judith Miller is Full of Crap.

Sun Oct 16, 2005 at 07:11:06 PM PDT

Cross-posted at my blog, this is my simplified blow-by-blow take on Judith Miller's own article in today's New York Times.  I don't believe this has been blogged from quite this angle today, and apologize if I have missed this kind of diary on today's list.

So, here's my take on it:

In between fits and spurts of writing a brief today (thanks to my diligence, I'm nearly finished!), I have been intently reading the NY Times' story on the Judith Miller debacle, as well as Miller's own credibility-defying account of the events, also published in the NYT.

Continue below the flip, for more on Miller's breathtaking recitation of the events surrounding her Libbygate . . .

In the event you've been busy washing your socks and have not heard of Judith Miller, she is a New York Times reporter who recently spent 85 days in jail after refusing to testify before a grand jury. That grand jury happens to be assisting U.S. Attorney Patrick Fitzgerald with his investigation of who is responsible for leaking the identity of an undercover CIA agent, Valerie Plame, whose undercover status with the CIA was made public in a Robert Novak column in 2003.

"Outing" an undercover CIA agent is, in some circumstances, a crime. The apparent motive for this outing was the Bush Administration's dissatisfaction with Plame's husband, Joseph Wilson, who recently had publicly called out the Administration for its lies about there being weapons of mass destruction in Iraq. (Wilson was in a position to know, having personally investigated the Administration's bogus claim, made by Bush in his State of the Union Address, that Iraq sought uranium to be used in nuclear weapons from the country of Niger).

Initially, the Shrub said if anyone in his administration played a role in the Plame leak, they would be gone. Now that odds have it that Scooter Libby (assistant to V.P. Dick "Halliburton Made Me Rich With Their Humanitarian Act" Cheney) and/or Karl "Turd Blossom and King Maker" Rove (AKA Shrub's Brain) could be targets of this investigation, Shrub has amended that promise. He now says anyone in his administration who has "committed a crime" will be gone. So he's right on top of things, unless his guy is not guilty on a technicality. Too bad he didn't feel that way as the Governor of Texas, when he presided over the executions of 152 men and women, pretty much all of whom were killed after their appeals were denied based on a "technicality."

Anyway, it happens that Judith Miller, she of the questionable reporting ability with respect to the story of whether Iraq actual had weapons of mass destruction, was one of a multitude of reporters who spoke with "Scooter" Libby about Plame. Miller claimed that she went to jail rather than testify before the grand jury because Libby wouldn't release her from her promise to keep his identity as a source confidential. But now it seems that he actually consented to let her testify more than a year ago; she chose to go to jail anyway, and only agreed to testify after he assured her, in the presence of two of her lawyers and one of his, that it really, really was okay for her to testify.

Others have covered this story in much more depth than I can, but here is my snarky and ill-informed take on the narrow topic of Miller's own article on this "incident," published today in the NYT, which left me so incensed that writing about it is the only possible hope I have of going to sleep tonight:

Miller doesn't want to risk telling an untruth in her story, so she merely tells us what she told the Prosecutor. Miller continually cites in the article what her "notes indicate" and leans on the phrase, "according to my notes . . . ", rather than saying what actually was or wasn't discussed, in her multiple interviews with Libby. It doesn't take a lawyer (or special investigator) to know this is a classic framing of an answer that doesn't really give an answer.

Miller sure knows a lot for someone who can't recall her sources or conversations with said sources. Miller says Libby signed a blanket form waiver before she went to jail "[a]t the behest of President Bush and Mr. Fitzgerald." Strangely, she does not attribute any source that would indicate how she can be sure Bush agitated for Libby to sign the waiver. Shoddy reporting for a longtime NYT writer.

Miller drew interesting parameters on her grand jury testimony. Miller claims that Fitzgerald's initial reluctance to limit his questioning to the topic of Libby would have left her "unable to protect other confidential sources who had provided information--unrelated to Mr. Wilson or his wife--for articles published in The Times." Interesting that she wanted the topic limited to Libby. It would seem that limiting it to the subject of Plame and her husband would have been sufficient. But no--Judy wanted an even narrower limitation than that, indicating (at least to me) that there is someone else she's protecting.

For a journalist, Miller seems remarkably sloppy in her investigative skills. Miller wrote the name, "Valerie Flame" in her notes taken around the time of her discussions with Libby, but claims she "could not recall where that name came from, when [she] wrote it or why the name was misspelled." This is CRAP. I take notes when speaking with clients or coworkers about topics of importance, and I can always tell on reading over my notes again where the information came from. I can only think this would be especially true if the notes concerned a topic that controlled my professional life for two years, resulting in me being subpoenaed to testify in front of a grand jury on multiple occasions, which I refused, resulting in me spending nearly 3 months in jail with nothing to do but think.

It is clear that Miller knows she discussed Plame with someone other than Libby; she just doesn't want to talk about it. Miller says she testified to the grand jury that she did not believe that name came from Libby, "in part because the notation does not appear in the same part of my notebook as the interview notes from him." Note that she merely says what she "testified to"--and does not state this as an actual fact. This is a recurring theme throughout her article, so I won't repeat it again, but it seems a convenient way to merely recite what she told Fitzgerald without actually reporting as fact these various tidbits of information that she imparted to him. Also, what is the other "part" of the fact equation that led her to believe Libby didn't give her the name? This is, conveniently, left unanswered. Except of course, for the part of the article in which Miller says she told Fitzgerald she "believed the information came from another source, whom I cannot recall." Again, not stated as fact; just stated as what she told Fitzgerald. Strangely, Miller also told Fitzgerald that while she had discussed the Wilson-Plame connection with other sources, she "could not recall any by name or when those conversations occurred."

Miller lied to her own editors. Miller later told her editor at the NYT, upon his/her inquiry, that she did not believe the Administration was trying to disseminate information to discredit Wilson as punishment for his story on WMD. But she admits that in her second interview with Libby, Libby asked her to credit him not as a "senior administration official" (which he agreed to after their first meeting), but instead to call him a "former Hill staffer." She apparently acknowledged to Fitzgerald that she understood this to mean that Libby "did not want the White House to be seen as attacking Mr. Wilson." Ever add 2 and 2 and count 4, Judy? I mean, you are only a multi-decade journalist, covering international news for one of the more preeminent news sources in the free world; isn't this feigned ignorance beneath you? Why didn't you come clean with your editor?

My grand conclusion:

I believe Miller may have engaged in perjury before the grand jury. If so, I hope she is jailed for it, this time for more than 85 days. And if not, I still hope she loses her job, as she has brought dishonor on the house of journalism and the house of the New York Times (based on their article and what she would/would not tell her own employer, which has spent millions of dollars defending her). Permitting her to continue reporting as a person who ostensibly enjoys the public trust is simply not acceptable.

Tags: Judith Miller, Valerie Plame, Joseph Wilson, Patrick Fitzgerald, New York Times, Scooter Libby, Karl Rove (all tags) :: Previous Tag Versions

Permalink | 23 comments

  •  So, how long do you believe (4.00 / 5)

    Miller will continue to be employed by the New York Times?
    •  She should have been fired long ago. (4.00 / 5)

      Craig Pyes, a former contract writer for the Times who teamed up with Miller for a series on al Qaeda, complained about her in a December 2000 memo to Times editors and asked that his byline not appear on one piece.

      "I'm not willing to work further on this project with Judy Miller," wrote Pyes, who now writes for the Los Angeles Times. He added: "I do not trust her work, her judgment, or her conduct. She is an advocate, and her actions threaten the integrity of the enterprise, and of everyone who works with her. . . . She has turned in a draft of a story of a collective enterprise that is little more than dictation from government sources over several days, filled with unproven assertions and factual inaccuracies," and "tried to stampede it into the paper."

      Pretty serious allegations.  Yet she was the NYT Queen of WMD.  I guess she knew how to keep her sources.

      Small varmints, if you will.

      by 2lucky on Sun Oct 16, 2005 at 07:18:00 PM PDT

      [ Parent ]

  •  i think their lawyers are giving them very bad (none / 1)

    advice and i think the owners are arrogant idiots. also i think they will end up selling the times. i sure hope the damn moonies don't buy it.
    •  I agree, re the bad advice. (none / 1)

      It is mysterious to me that they so blindly accepted Miller's version of events in deciding about defending her at such a high price.  I also found it interesting how much was revealed in the Times story about their lawyers' advice . . . I would argue that, in some instances, they went so far as to waive the privilege applicable to certain communications.
      •  That Seems True to Me, Too (none / 1)

        The situation is complicated by the fact that Judy Miller and the New York Times initially both were represented by Floyd Abrams.  Part of this seems to stem from the fact that there is no love lost between Libby's lawyer and Floyd Abrams.  Now Bob Bennett seems to part of the fray and Judy Miller appears to be telling the reading public what each lawyer told her.

        She is playing a very dangerous game, not just for herself but for the New York Times.

  •  I agree... (4.00 / 3)

    that blathering excuse of an explanation from Ms. Miller contains lie after lie after lie (and confirmation of lies).  She can't remember?  Total bs.

    Will she be charged?  I think that depends on whether she's gonna be cooperative with the prosecution and actually answer questions or continue with the lies.

    Apparently, she's saying only enough now to keep her out of jail.

    "As God is my witness, I thought turkeys could fly."

    by Viceroy on Sun Oct 16, 2005 at 07:25:34 PM PDT

    •  Yes, but Fitzgerald does not strike me (4.00 / 2)

      as one who is willing to put up with a snow job.  So does he call her back before the grand jury?  Or does he simply charge her with perjury?
      •  I don't think she'll be charged... (3.50 / 2)

        Even with all her unbelievable lies, her notes implicate Libby and she will confirm that.  There are other stronger witnesses (Pincus...).  She's likely a weak prosecution witness who could be charged but probably won't be (unless she turns totally uncooperative again).  Fitz will conclude that a lying Judy is better than a silent Judy, in my view.

        "As God is my witness, I thought turkeys could fly."

        by Viceroy on Sun Oct 16, 2005 at 07:42:39 PM PDT

        [ Parent ]

        •  I think it's quite possible (4.00 / 3)

          that she will be charged with perjury even if Fitzgerald has a relatively "weak" case against her and then she'll be granted immunity (or reduced sentence) in exchange for her real truthful testimony during the trial.

          She just spent 3 months in jail, she's going to be way more cooperative if several years in jail look like real possibility for her.

      •  He charges her. He's got to be... (none / 0)

        ...even more sick of her than we are.

        JF

        It ain't called paranoia - when they're really out to get you. 6 points.

        by Jaime Frontero on Sun Oct 16, 2005 at 09:11:19 PM PDT

        [ Parent ]

  •  Miller is a NeoCON Propagandists (4.00 / 4)

    She is an accomplice in the cover-up of this crime.  She is no reporter.    

    Carry the battle to them. Don't let them bring it to you. Put them on the defensive and don't ever apologize for anything. Harry S. Truman

    by deepsouthdoug on Sun Oct 16, 2005 at 07:36:36 PM PDT

  •  Very good (4.00 / 2)

    I saw the same careful parsing of language that you did.  In every instance she seems careful to not recall, or not be certain, or not remember the name of any other sources.  A page right out of the Ronald Reagan playbook, it would seem?

    That said, I doubt that the skeptical deference accorded the aging former President will be extended to Ms Judy.  Her testimony, as probably very accurately reported in her cautious article, is evasive and dubious.  One gets the clear impression that is exactly what the NY Times reporters also thought, when they tried to interview her for their long and very telling account of the issues involved.  Miller imagines she can play hide-the-pea with everyone, and her ability to do so is unraveling.  One gets the strong impression that the Times, after a decent interval, will ask her to darken the name of some other newspaper.

  •  I've got another idea (4.00 / 3)

    Since she has committed acts that constitute a threat to our national security, how about she be rounded up, stripped, duct-tape bound, blindfolded, gagged, hooded, chained to the bare floor of a cold-assed C-130, and flown to Guantanamo for interrogation, water-boarding, indefinite detention, intelligence exploitation, and some sort of tribunal, maybe, if we ever decide to have them.
  •  We'll Never Get Rid of Her (none / 0)

    She'll be off to PNAC or one of the other think-tanks helping create the conservative policies our great-grandchildren will be first discovering.

    We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

    by Gooserock on Sun Oct 16, 2005 at 08:47:03 PM PDT

Permalink | 23 comments