In re Grand Jury Subpoena, Judith Miller
United States Court of Appeals for the District of Columbia Circuit
397 F.3d 964 (D.C. Cir., cert. denied, 545 U.S. 1150 (2005)
After President Bush's State of the Union claim about Iraqi uranium-seeking was publicly disputed by former Ambassador Joseph Wilson, columnist Robert Novak revealed that senior officials had identified Wilson's wife, Valerie Plame, as a CIA agent — prompting a DOJ investigation into the unauthorized disclosure. Special Counsel Patrick Fitzgerald subpoenaed reporters Judith Miller and Matthew Cooper, who had covered the controversy; both refused to testify, claiming a reporter's privilege under the First Amendment or common law, and the district court held them in contempt.
Whether there is a reporter's privilege under the First Amendment or common law.