by John M. Curtis
(310) 204-8700

Copyright July 1, 2005
All Rights Reserved.

laying chicken with the federal courts, Time Magazine reporter Matt Cooper and New York Times journalist Judith Miller buttoned their lips, refusing to disclose the confidential White House source that outed CIA agent Valerie Plame, the wife of former Iraq Ambassador Joseph Wilson. Two days after Wilson published his critical op-ed in the New York Times July 6, 2003, debunking President George W. Bush's claim in the State-of-the-Union message that Iraq tried to buy yellowcake uranium from Niger, syndicated columnist Bob Novak outed Wilson's wife, Plame as a CIA operative. Compromising her identity was viewed as retaliation for Wilson's critique that the White House manipulated prewar intelligence to make its case for war. With Cooper facing jail time, Time Magazine, Inc., capitulated to Chicago-based U.S. Atty. Patrick Fitzgerald, agreeing to cough up docs.

      A federal grand jury in Chicago subpoenaed Cooper's records from Time Magazine, demanding notes, correspondences and e-mails. For eight months, the reporters and their publications were locked in grueling battle protecting anonymous sources with U.S. District Court Judge Thomas Hogan, threatening to throw Miller and Cooper in jail. Since Sept. 11 and the Patriot Act, national security trumps the First Amendment. “The same Constitution protects the freedom of the press requires obedience to final decision of the courts,” read a statement from Time Magazine, agreeing to turn-over potentially devastating material, exposing the “high ranking” government source that outed Plame. So far, speculation has centered on Bush's chief strategist and political advisor Karl Rove. If Cooper's notes tell the story, heads are going to roll.

      Revealing the identity of intelligence operatives by government officials may violate federal law. Disclosures made in counterespionage cases that result in the death of undercover agents could carry murder charges and the death penalty. Because of the serious nature of the crime, a special counsel was appointed to get to the bottom of who revealed Plame's identity. Judge Hogan threatened to jail Cooper and Miller if they didn't reveal their confidential source. After agonizing debate, Time's legal department concluded that they could no longer ignore the court order. Once Cooper created a public record, it wasn't up to the magazine to stonewall. Not since Daniel Ellsberg's “Pentagon Papers” has the country faced such an ethical and legal dilemma concerning journalists and free speech. No matter what rationale, there's no excuse for revealing the identities of undercover operatives.

      Whoever disclosed the Plame's identity, it's difficulty figuring out the motivation—other than retaliation. Giving away her identity, lent credibility to Wilson's op-ed, that Saddam never tried to buy yellowcake from Niger. Wilson's view directly challenged Bush's original rationale for the Iraq war, namely, that Saddam's weapons of mass destruction, specifically, his nuclear program, threatened U.S. national security. Since the war began March 20, 2003, the administration has made excuses about the missing WMD. Bush's June 28 speech, continuing to justify the Iraq war, made no mention of WMD, only battling terrorists in what he now calls “the central front in the war on terror.” By complying with the court order, Time Magazine may offer a glimpse into the White House's dirty trickster that leaked Plame's identity to Cooper, Miller and eventually Novak.

      Under the Patriot Act, journalists and media organizations don't enjoy the same protections before Sept. 11. When it comes to law enforcement, intelligence-gathering and national security, reporters now have to balance confidential sources against the public good. Blowing Plame's identity crossed the line, pushing the special counsel and Judge Hogan to get to the bottom of the whole mess. When Time capitulated, New York Times publisher Arthur Sultzberger Jr. expressed his regrets. “We are disappointed by Time Inc.'s decision to deliver the subpoenaed records,” noting that one of his reporters spent 40 days in jail 1978 over a similar incident. Sultzberger—together with other journalists—haven't come up to speed in a post Sept. 11 world. Both the grand jury and Hogan's court recognize the gravity of protecting confidential sources that imperil U.S. national security.

      Once Time Inc. coughs up Cooper's notes, it's possible that the identity of the high ranking White House source may be known. It's also possible that Cooper's notes will be redacted to maintain the source's anonymity. Time Inc's editor-in-chief Norman Pearlstine assured that they would turn over all records, notes and e-mails pertaining to Miller's story about Valerie Plame. “The court concluded that a citizen's duty to testify before a grand jury takes precedence over the First Amendment,” Pearlstine said in an interview with the Associated Press. “I do not agree with that, but I have to follow the law like every other citizen,” expressing regrets about handing over the documents. Because the Supreme Court refused to hear the case, Time Inc. must comply with the grand jury's subpoena. Whoever leaked Plame's identity, journalists will think twice the next time around.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

©1999-2005 Discobolos Consulting Services, Inc.
(310) 204-8300
All Rights Reserved.