by Anonymous on August 22nd, 2007

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How could Novak’s publication of Valerie Plame’s identity jeopardize national security? What is contempt of court, and for what reasons are journalists held in contempt? Who was held in contempt in the Plame matter and why?

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  • by Anonymous on August 22nd, 2007

    Anonymous

    Publishing the information is outing an undercover CIA operative. Imagine being an undercover police officer who is intercepting a gang only to have your identity as a cop revealed in the newspaper. If a gang member reads the article, you are as good as dead. The Plame matter is the same deal. In fact, it is potentially worse because Plame was working in other countries. Revealing her identity could have destroyed America's foreign relations with another country.

    Contempt of court is a sanction imposed by a judge for violating his order. Journalists are most often found in contempt for failure to identify their sources (or refusing to testify at all). There are very few instances where you can refuse to testify. The most famous instance is the 5th Amendment right against self incrimination. However, what most people don't realize is that protection only guarantees that the jury won't hear the testimony (and it won;t be used against you), and only applies if there is a possibility of self incrimination. For example, if you plead the fifth in a trial and the information being requested is critical to the case, the judge will likely clear the court and force you to testify to him. If he finds that the information truly is self incriminating he will allow you not to testify. If the prosecution wants to force you to testify, they can do it by giving you immunity on that issue. If you have immunity there is no possible way to self incriminate and you must testify. Journalists don't want to give up there sources because they often get information on the condition that the source stays confidential. However, the law does not protect a journalist.

    Matthew Cooper, a Time Magazine reporter, was held in contempt for not testifying in the Plame matter.

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