Wednesday, October 12, 2005

The Wrong Amendment

From the get-go, I suggested that Miller should have advocated the 5th Amendment to the US Constitution and not the 1st since it appears that in the end she may have to do just that...

"Having caught Miller committing perjury, Fitzgerald is now in a position to, in effect, renege on his agreement to ask her only about her conversations with Libby. Under the terms of that agreement, Fitzgerald can't compel her to testify about conversations with other people, but she can of course do so voluntarily. And Fitzgerald can tell her lawyer that if she fails to volunteer, she may be looking at substantially more than 85 days behind bars on charges of perjury, conspiracy to obstruct justice, being an accessory to Libby's violations of the Espionage Act, or being a co-conspirator with him and others in those violations. (This is perfectly acceptable prosecutorial conduct, not even close to any ethical line.)

Instead of a mere percipient witness, Miller is now a potential defendant, and Fitzgerald can try to 'flip' her against all of her sources, not just Libby."

The Village Voice: The Bush Beat

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