"An attack on an administration critic, not whistle-blowing" - Fitzgerald

[Liberal Dose]

I agree, and I don't think this will endanger a reporter's sources as long as this distinction remains clear.

http://www.cnn.com/2005/LAW/07/06/reporters.contempt/index.html

In court documents filed Tuesday, special prosecutor Patrick Fitzgerald wrote that even though Time magazine surrendered Cooper's notes in the case, the journalist's testimony is still needed in the investigation.

"First, Cooper's own article noted that the conduct of the officials involved an attack on an administration critic, not whistle-blowing," Fitzgerald wrote.

"Second, at a time when journalists seek a reporter's privilege akin to the attorney-client privilege, they ought to recognize that an attorney can be compelled to testify if his client communicates to the attorney for the purpose of committing a crime or fraud. ... Third, journalists are not entitled to promise complete confidentiality -- no one in America is."

Fitzgerald also opposed Cooper's and Miller's request for home detention -- rather than a jail sentence -- for refusing to reveal their sources.

"Special treatment for journalistic contemnors may negate the coercive effect contemplated ... and enable, rather than deter, defiance of the court's authority," Fitzgerald wrote.

[wryter2000]

1. Couldn't have said it better

Well done, Fitzgerald!

[Stinky The Clown]

2. Whoa!

Good read!

[Pirate Smile]

3. God, I hope Fitzgerald has something good on some big fish in the WH.

[Liberal Dose]

5. I think he's serious about this investigation, and it's entirely possible

that Miller is a direct link to the big fishes.

[dbeach]

4. go fitzie..

send bushco to gitmo

[SpiralHawk]

20. "Send BushCo to Gitmo"

Has vast potential as a bumper sticker.

[dbeach]

22. lifted it from rense. renegade

glad ya liked it

King George Bush the second = KGB II

[Eloriel]

6. Superb. I agree with each of the points above

We CANNOT use this journalistic privelege to protect people who are retaliating against whistleblowers. We just can't. I also personally think the treasonous nature of the act also demands the principle not be honored by these journalists and am disappointed that they can't see it, including Jonathan Alter.

[Nikki Stone 1]

7. kick

:kick:

[progressoid]

8. Regarding the Third point:

"journalists are not entitled to promise complete confidentiality -- no one in America is."

No one? So is Doctor patient confidentiality gone too? Just wondering.

[ieoeja]

9. "Complete" confidentiality is (gone).

"Doc, I'm an addict. I finally realized I needed help after killing my parents last night to get drug money."


One of these sentences should be protected.
One of these sentences doesn't belong.
And if you can not tell the difference.
Then I'll give up on you without even a rhyme.

[progressoid]

15. How about this one....

"Doc, I'm a vindictive egomaniac. I finally realized I needed help after I outed a CIA operative our of spite."



One of these Presidential advisors doesn't belong here.
One of these...

Oh, forget it.

:)

[knitter4democracy]

10. Yup.

That's never really been there. Doctors can discuss your case with other doctors, insurance company reps (who then can tell anyone, really), and anyone in the government for various reasons (reporting certain diseases is required--with patient contact info--to keep track of them, and the Dept. of Homeland Security can get into your med file whenever they want).

It's definitely not complete confidentiality and never has been.

[progressoid]

13. Damn you "Law and Order"

I try to get all of my facts from reliable sources like the TV and the internets. :)

[knitter4democracy]

16. LOL!

That's funny.

I only know all that because my hubby's an internist.

[progressoid]

17. oh, cool.

I also get all of my medical advice from the TV and the internets!

[knitter4democracy]

18. *snort*

I'm telling him that one. He'll get a kick out of it. :D

[Spinzonner]

11. Well, apparently not in connection with fraud or other criminal acts

It's difficult to see what medical facts would be compromised by such an exception.

[hvn_nbr_2]

12. So whom does Fitzgerald work for?

Apparently he's a "special prosecutor" (although I've seen him referred to as a "U.S. Attorney" too). Who created that special prosecutor's office? Who appointed him? What I'm really getting at is this: Is he vulnerable to a "Saturday Night Massacre" as Nixon did to Archibald Cox during Watergate?

[WhiteTara]

14. kick

[panhead1961]

19. Great Post

I didn"t imagine you were an old black man. Thanks for making me care enough to get involved.

[Liberal Dose]

21. I'm glad you're here!

And you're welcome. Also, thank you for shaming me into making a donation. I'll do it later from home.

:loveya: