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dalaigh lllama Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:07 PM
Original message
I've been looking at Fitzgerald's new website
I had assumed that the documents on his site would be full of legalese -- you know, 'heretofore' and 'forthwith'-- so I was going to wait for some of our legal folks here to do synopses so I wouldn't have to wade thru all the dry stuff. But I'm here to tell you, these are completely readable even for lay persons like myself. In his "memorandum in opposition to Judith Miller's motion for reconsideration ...," I'm especially enjoying Fitz's dry understatement. To wit:

http://www.usdoj.gov/usao/iln/osc/documents/miller_brief_july2005.pdf

<snip>
Miller now asks this Court to “reconsider” that order before being confined for even one minute, on the ground that confinement has no realistic possibility of coercing compliance with the Court’s order. Miller argues that her refusal to obey the law is based on a “moral and principled stance” and “beliefs that go to the core of her being” which, she contends, are commonly shared journalistic principles...Coming as it does before she has served any period of confinement, Miller’s motion fails to carry her burden of establishing that the confinement provision of Section 1826 will be ineffective in achieving compliance with this Court’s order. (emphasis added by me)
<snip>

I also greatly enjoyed Fitzgerald's use of quotes from various journalists supporting his decision to throw ol' Judy in jail:

<snip>
The editor in chief of Time Inc. made news the other day by offering to do what most of us take for granted: Obey the law.
<snip>
The Times reports that the more Pearlstine looked at the issue, . . . the more he came to believe that it was more detrimental to hold on to the files. “The journalist and the lawyer were fighting in my head,” he said. “But if Presidents are not above the law, how is it that journalists are?” . . . “Thinking we’re above the law rings wrong to me,” he said.
<snip>
Maybe it's time for journalists . . . to stop staging these 1st Amendment melodramas. Journalists — who are citizens too — could help by being less promiscuous with offers of anonymity in the first place. If it is information you believe should not be out there — because it endangers lives (of a covert agent's contacts, for instance) or because it is wrong or deeply misleading — why should you even consider going to jail to protect the source?
<snip>

I'm lovin' it. Legal documents that are fun to read. :D
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Demobrat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:11 PM
Response to Original message
1. Not only fun to read, but...
suitable for downloading, printing and framing!
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dalaigh lllama Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:48 PM
Response to Reply #1
6. I've got his site bookmarked
Like everyone else here at DU, my calm and sedate wait for next week looks something like this:
:bounce: :bounce: :bounce: :bounce: :bounce:
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ClintonTyree Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:27 PM
Response to Original message
2. It blows Judas Miller's claim of "journalistic integrity"........
right out of the water. No one, NO ONE has the right to "protect sources" when crimes of this nature have been committed. It's quite apparent that she was never protecting a source, but protecting a co-conspirator in this investigation.
I'm SOOOO fucking sick of Miller playing the victim here. She's a traitor to her country and I hope she's cut off at "the roots" with the rest of the cabal.
The longer the New York Times waits to cut her loose the more credibility they lose as "The Newspaper of Record". Hell, they don't even make the top ten anymore. It's sickening.
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SpiralHawk Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:31 PM
Response to Reply #2
3. The Aspens are about done turning. Leaves are beginning to fall
A few puffs of wind this week and they will tumble to the hard rocky mountainside.

Then comes the season of storms.
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:43 PM
Response to Reply #3
5. I think Libby told her to "take a fall" with that 'aspens turning' crap.
It's pretty clear Judy isn't the sharpest quill in the potato. :shrug:
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Spazito Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 03:04 PM
Response to Reply #3
11. Leaves turning and falling are, indeed, beautiful
both in nature and for justice!



(I took this picture in my neighbourhood just yesterday)

Fitzgerald is the wind that will blow, shake the leaves and the bush admin will have only empty branches.
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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:36 PM
Response to Original message
4. "Presidents are not above the law, how is it that journalists are?”
That has to be the line that will be tested next week!!!

We will see if the Magna Carta 1215 No King is above the law... is still in effect in America???

Somewhere we forgot that line in our constitution... And last I heard the President wasn't king either!!!
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dalaigh lllama Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:57 PM
Response to Reply #4
8. "Were you aware...
...The fact that the Magna Carta was written in 1215 is, by law, the only thing you are required to know about it." from Jon Stewart's "America: A Citizen's Guide to Democracy Inaction"

You, sir, have too much information!
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sundancekid Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 02:53 PM
Response to Original message
7. and misses little opportunity to b/witch-slap JUDAS MILLER and NYT
... take this quote at page 9 of OP linked document ...

~snip
The editor in chief of Time Inc. made news the other day by offering to do what most of us take for granted: Obey the law. Its about time. ... ‘The same constitution that protects the freedom of the press requires obedience to the final decisions of the courts,’ said editor Norman Pearlstein – an insight that has eluded many of his fellow journalists. That would include New York Times reporter Judith Miller, who claims the prerogative of deciding for herself what information the grand jury is entitled to hear, and whose publisher backs her up. ... Journalists like nothing better than exposing self-seeking behavior by special interests who care nothing for the public good. In this case, they can find it by looking in the mirror.
~snip

and Fitz's response to her request for "home detention" on pg. 20
~snip
We do not dispute the accuracy of the sealed filings concerning Miller’s health conditions, nor those concerning her husband. Suffice it to say, however, that her health circumstances were obtained when Miller was dispatched to Iraq during the conduct of a war. Certainly one who can handle the desert in wartime is far better equipped than the average person jailed in a federal facility.
~snip

(Bold Emphasis is mine)

OUCH!
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dalaigh lllama Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 03:00 PM
Response to Reply #7
9. Yeah, ain't it great!
Go get 'em, Fitz!

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Tatiana Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 03:00 PM
Response to Reply #7
10. LMFAO!
Fitz shoots and he scores!
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BeHereNow Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 03:11 PM
Response to Original message
12. Okay, I am going to marry that man.
I don't care if he's already married, or that I am.
I'm going to marry him and that's final!
All DUers are invited to the wedding.
BHN:loveya:
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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-23-05 03:28 PM
Response to Original message
13. People who truly know their subject & have completely digested it
usually have a gift for making complex things easy to understand and for expressing themselves plainly.

Paul Krugman, for example.

The antithesis to this would be say... Noam Chomsky
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