Hard-Hitting Judith Miller Analysis in LA Times

From Rosa Brooks, quite a sharp mind:

It was Miller, more than any other reporter, who helped the White House sell its WMD-in-Iraq hokum to the American public. Relying on the repeatedly discredited Ahmad Chalabi and her carefully cultivated administration contacts, Miller wrote story after story on the supposedly imminent threat posed by Saddam Hussein.

Only problem: Her scoops relied on information provided by the very folks who were also cooking the books. But because Miller hid behind confidential sources most of the time, there was little her readers could use to evaluate their credibility. You know: "a high-level official with access to classified data." Ultimately, even the Times' "public editor" conceded the paper's coverage of Iraq had often consisted of "breathless stories built on unsubstantiated 'revelations' that, in many instances, were the anonymity-cloaked assertions of people with vested interests."

That's what makes the Judy Miller Media Hug-Fest so astonishing. Miller's refusal to testify to the grand jury investigating the leak of CIA agent Valerie Plame's name has catapulted her back into favor. Ironically, as it becomes ever more likely that she'll be jailed for contempt of court, the very affection for anonymous sources that landed Miller in hot water last year has become her route to journalistic rehabilitation. The Houston Chronicle rhapsodizes that "reporters such as Miller … are the front line in the struggle to maintain a free and independent press." Back at the New York Times, Miller's publisher, Arthur Sulzberger Jr., assures us that everyone is busy "supporting her in this difficult time."

I'm as big of fan of the 1st Amendment as anybody, but I don't buy the new Miller-as-heroine story. When Judge David Tatel concurred in the D.C. Circuit's refusal to find any absolute journalist privilege shielding Miller from testifying, he noted, sensibly, that "just as attorney-client communications 'made for the purpose of getting advice for the commission of a fraud or crime' serve no public interest and receive no privilege … neither should courts protect sources whose leaks harm national security while providing minimal benefit to public debate." Few legal privileges are absolute, and it's appropriate for the courts to decide in cases such as this whether the harm of requiring a journalist to divulge confidential information is outweighed by the public interest in prosecuting a crime.

Rosa recently went head to head with Bill O'Reilly on his own show and wiped the floor with him... and his falafel.