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Injudicious Secrecy and an Unfree Press
By Reid Alan Cox
March 2, 2005

Page 2 of 2

With Tuesday's appellate decision, now two courts and four judges have agreed with these tactics, going so far as to seal and redact the portions of their decisions that discuss the secrets of the Plame investigation submitted by the prosecutor.

It is more than a little ironic that, in essence, these judges have ruled that prosecutors have an absolute right to keep their investigations secret while the journalists enjoy no privilege at all to protect their confidential sources. As Judith Miller, one of the subpoenaed reporters said in the aftermath of the decision: "My strategy is to tell anyone who will listen that this is not about me, this about their right to know. ... I risk going to jail ... for reasons a court won't explain." Lesson learned.

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Reid Alan Cox is the General Counsel of the Alexandria, Va.-based Center for Individual Freedom (www.cfif.org). He authored the Center's amicus curiae brief supporting the reporters in these contempt cases.

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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.

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