Deal Struck for Timing of Miller, Cooper Supreme Court Appeal

[Me.]

Looks like this matter is headed for closure, end of June at the latest. Don't like Ted "let me argue the case before the SC so I can help my party steal an election" Olson coming aboard.


“NEW YORK Special Prosecutor Patrick Fitzgerald, who has been leading the effort to send reporters Judith Miller and Matthew Cooper to jail for refusing to reveal their sources in the Valerie Plame case, has agreed not to challenge the reporters' request to stay their sentences until the U.S. Supreme Court can take up the matter.

In addition, Fitzgerald and defense attorneys for Miller, a New York Times reporter, and Cooper, who reports for Time magazine, have agreed to a timeline that will allow the defendants to file their appeals to the high court by May 10, while the prosecutor will have until May 27 to file their opposition.” Cont…

: The deal follows a change in defense for Cooper, who is no longer being represented by Abrams. Former U.S. Solicitor General Ted Olson was brought in earlier this week to handle Cooper's defense, while Abrams will remain lead counsel for Miller.

"It was Time's decision, but certainly with my acquiescence," Abrams told E&P Wednesday. "That it would be good to add them to the team, to have two petitions filed simultaneously with the Supreme Court. It is not that there is any difference in the substantive petitions, but a decision was made that it would be good to add Ted to the team." Olson could not be reached for comment.” Cont…


http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1000900797

[H2O Man]

1. In a way

I wish Abrams was entirely off the case. He is, in my opinion, the most talented attorney on "freedom of the press" issues. I remember him from the 1976 Carter-Artis retrial in New Jersey. The prosecution had a witness, Alfred Bello, who overthe years would tell 14 different versions of what he witnessed/participated in on June 17, 1966 in a Paterson bar. By the time of the retrial -- ordered by the NJ Supreme Court after tapes made in Oct. '66 had been turned over a decade later to defense attorneys, and they clearly showed a police investigator promising favors and $$$ to Bello if he would stick to one of his numerous stories -- Bello swore that NY Times reporter Selwyn Raab had paid him to recant his '66 trial testimony.

The prosecution in the Carter-Artis retrial subpoenaed Raab. The Times, obviously, resisted. They retained Abrams to represent Raab. He did exactly what he should have: Raab refused to turn over his notes, but he did testify in front of the jury. Why? Because his notes were used in writing his articles, and were hence protected; however, he was accused of being an accessory (or more) in a conspiracy to commit a crime, and his testimony was restricted to this area.

Ted Olson is clearly an intelligent and very articulate man. However, I do not see him as being able to carry Abram's brief case in this circumstance. As you note, his being on the case may tend to signal to the court that the administration is playing a big role in defending these reporters. But the court will rule in favor of the prosecution, and then the question becomes will they decide to testify or spend 18 months in a federal prison. Hence the case could stretch out even more.

[Me.]

2. I'm Glad You Got My Point About Olson

because that was exactly my thinking, that he is a signal to a court who has ruled. more than once, in lock step with the admin's wishes. Let's not forget Scalia duck hunting with Cheney. I surely hope they do rule in favor of the prosecution and we begin the wrap up of this case. And, there may be bonus points here. If Novak lied, as has been intimated, then there is, I'm sure a bull's eye on him for perjury, which may in fact be the answer as to why Fitzgerald pursued Miller and Cooper so aggressively. Further if the court decides to hear the case and rules against miller, La Judy either has to fess up or don that orange jumpsuit. And somehow, I don't think it will be camp cupcake for her.