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Judith Miller

Released
Date of birth:02. 01. 1948
Age:78
Gender:Female
Race:White
Era:2000s
State:Virginia
Time Imprisoned:
2 Months 23 Days
Support
Press Freedom Civil Liberties
Judith Miller

Biography

Judith Miller was a New York Times reporter jailed for eighty-five days in 2005 for refusing to identify a confidential source to a federal grand jury. The grand jury, directed by special counsel Patrick Fitzgerald, was investigating who had disclosed that Valerie Plame worked for the Central Intelligence Agency. Miller had never written an article about Plame; she was subpoenaed over conversations she had had with a source, and she refused to testify, arguing that a promise of confidentiality does not lapse because a prosecutor finds it inconvenient. Judge Thomas F. Hogan of the federal district court in Washington held her in civil contempt on October 1, 2004; the Court of Appeals for the District of Columbia Circuit upheld the order, and the Supreme Court declined to hear the case in June 2005. She was jailed on July 6, 2005 at the Alexandria Detention Center in Virginia — civil contempt, so confinement was coercive rather than punitive, and would have ended the moment she agreed to testify. She was released on September 29, 2005 after her source, Vice President Cheney's chief of staff I. Lewis Libby, personally reaffirmed to her that he waived confidentiality; she testified the following day, and again at Libby's trial in January 2007. Her jailing became the central example in the campaign for a federal shield law, which has still not passed. Miller left the Times later in 2005 after her role in the paper's pre-war reporting on Iraqi weapons of mass destruction had come under sustained internal criticism, and afterwards wrote for other outlets and published a memoir. She was born in New York City on January 2, 1948.

Case

Alexandria Detention Center
Charges: Civil contempt of court.
Incarcerated: Jul 6, 2005
Released: Sep 29, 2005
Sentence: Coercive civil confinement rather than a criminal sentence: she could have ended it at any point by agreeing to testify, and it would in any event have expired with the grand jury. Eighty-five days, July 6 to September 29, 2005, at the Alexandria Detention Center. She was freed after I. Lewis Libby personally reaffirmed his waiver of confidentiality, and testified the next day. Some accounts date the jailing July 7; July 6 is used here because it is the date that yields the eighty-five days every account reports. Charges as recorded: Civil contempt of court — refusing to testify before the federal grand jury investigating the disclosure of Valerie Plame's employment by the Central Intelligence Agency, and refusing to identify her confidential source.
Prosecutor: Special Counsel Patrick Fitzgerald
Judge: Thomas F. Hogan
Convicted: Held in civil contempt by Judge Thomas F. Hogan on October 1, 2004. The D.C. Circuit affirmed and the Supreme Court declined review in June 2005.
Institution State: Virginia