Attorney General John Ashcroft
Office of the Attorney General
U.S. Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530-0001
USA

Fax: + 1 202-514-0293

Vienna, 12 October 2004

Dear Sir,

The International Press Institute (IPI), the global network of editors, leading journalists and media executives in over 120 countries, strongly condemns the decision of a U.S. federal judge to order the jailing of New York Times journalist Judith Miller on contempt of court charges.

U.S. District Judge Thomas F. Hogan ordered Miller to be jailed until she is willing to reveal the identity of confidential sources before a grand jury, but said she could remain free while pursuing an appeal. If her appeal is unsuccessful, Miller could be jailed for up to 18 months.

Miller refused to identify sources to a grand jury in Washington, D.C., that is probing the leak of a CIA operative’s name. The grand jury was convened after syndicated columnist Robert Novak named Valerie Plame as a CIA operative in a 14 July 2003 article. Plame is married to former U.S. diplomat Joseph C. Wilson IV, who was enlisted by the Bush administration to travel to Niger to investigate allegations that Iraq was attempting to buy enriched uranium.

Novak’s column, which cited two unnamed administration sources, appeared eight days after Wilson wrote an op-ed in the New York Times that challenged the administration’s assertions on the uranium issue. Other reports surfaced later with Plame’s identity, some suggesting that the administration officials leaked the name in retaliation against Wilson. The disclosure of an undercover CIA officer is potentially a federal crime under the Intelligence Identities Protection Act of 1982.

Although Miller never wrote, nor did the New York Times publish, an article about Plame, she is one of five journalists who have been subpoenaed and questioned by the grand jury throughout this investigation.

Reporters from the Washington Post, Newsday and NBC have been questioned in the case. Novak and his attorney James Hamilton, have refused to say whether the columnist has been subpoenaed to testify before the grand jury.

Time magazine reporter Matthew Cooper was also threatened with jail for contempt of court in relation to this case. The charges against Cooper were discontinued in August 2004 after he revealed information about his conversations with a single anonymous source, I. Lewis “Scooter” Libby, chief of staff for Vice President Cheney, after Libby waived Cooper’s responsibility to keep their conversations on the subject confidential.

According to the Associated Press, Miller, and New York Times Executive Editor Bill Keller, said they would not agree to provide testimony or discuss the identity of their sources, even under those circumstances.

IPI finds the decision to threaten Miller with imprisonment over her continued commitment to protecting her sources a worrying development in an investigation which has already gone to great lengths to pressure U.S. journalists to compromise their professional standards.

The Department of Justice has previously demonstrated its willingness to follow through with these threats as is exemplified by the case of journalist Vanessa Leggett, who was found in contempt of court for refusing to turn over notes of her investigation into the April 1997 killing of Houston socialite Doris Angleton. Leggett was jailed without bail on 20 July 2001, and was not released until 168 days later when the grand jury probing the case ended its term.

The right of journalists to deal with their sources in confidence is a central tenet of their profession, without which reporters would be unable to encourage individuals to come forward and speak on matters of public interest. Individuals who, in other circumstances, might not be prepared to speak.

By issuing subpoenas, forcing journalists to appear before a grand jury, and threatening imprisonment for lack of cooperation, this investigation is undermining the ability of journalists to practice their profession. Moreover, it is setting a disturbing example to countries around the world that it is legitimate for the government to coerce journalists into cooperating with their investigations.

We therefore urge you to do everything in your power to ensure that the charges against Miller, who has said that she did not reveal Plame’s identity, are discontinued, and that she, and other journalists in the U.S., are allowed to practice their profession without fear of harassment and intimidation.

We thank you for your attention.

Yours sincerely,

Johann P. Fritz
Director