Friday, July 29, 2005

The Puzzling Consequences of the Judy Miller Theory

In a strange confluence of blogospheric speculation, bloggers from the left, right, and center have all recently trumpeted variations of the "Judy Miller did it" theory. According to this theory, it was Miller who first learned Valerie Plame's identity (from either a non-White House source or through her own investigative efforts). She then told Scooter Libby and/or Karl Rove, and they passed the information along to other journalists.

Whenever an idea is simultaneously being floated by Arianna Huffington, Josh Marshall, Mickey Kaus, Tom Maguire, and the guys at NRO, you have to take it seriously. After all, that kind of agreement across the ideological spectrum is virtually unprecedented; it's like the planets being perfectly aligned. But there seems to be a significant problem with this theory, one I'd encourage the theory's advocates to address.

If Libby and Rove first learned about Plame from Miller, then some puzzling inferences necessarily follow. As I stated in my previous post, this theory seems to contradict Libby and Rove's testimony, as least as currently reported in the media. Libby has reportedly testified that he learned about Plame from Tim Russert (who has denied this, although somewhat ambiguously). Rove has reportedly testified that he learned about Plame from a journalist, but cannot remember from whom. According to some reports, Rove may have hedged even further, telling Fitzgerald that he may have learned about Plame from another White House staffer. If this is indeed how they testified (and the "Miller did it" theory is correct), then both Rove and Libby likely perjured themselves, and for not obvious reason.

It's possible, of course, that the media accounts of Rove and Libby's testimony are inaccurate, and that they have in fact told Fitzgerald that Miller was their source (this is what Tom Maguire suggested in a comment to my previous post). But if that's the case, why would they allow false or misleading accounts of their testimony to circulate in the media? Rove's own lawyer seems to be the source behind his reported testimony, and both Rove and Libby's attorneys have been active behind the scenes, getting their side of the story out. If Miller was their source, why would they withhold this obviously exculpatory fact? Why wouldn't they point the finger at her publicly (through anonymous sources if necessary) so as to quell the speculation about perjury and obstruction of justice? Wouldn't that be in both their and the White House's best interests?

Since this hasn't happened, the necessary inference is that either Rove and Libby lied to Fitzgerald to protect Miller (and in doing so committed crimes), or are currently misleading the media to protect her (which is causing this scandal to escalate unnecessarily and is damaging their own reputations as well as that of the White House). Why would they do either of these things for Miller, particularly when they are facing possible criminal charges and she is not? If you believe that Miller is the source, then you have to offer some explanation for this bizarre behavior.

So what would drive Rove and Libby either to lie to Fitzgerald or to lie to the media about Miller's involvement in this affair? I can think of a number of possible explanations, but they are all a bit far-fetched and conspiratorial, much like the plot of an Oliver Stone movie.

For instance, it's possible that the source Miller is protecting is a really big fish (like, say, Condi Rice or Dick Cheney). As unlikely as that is, it would at least explain why Rove and Libby don't want to point the finger at Miller, an act which would turn up the pressure on her and risk an even greater embarrassment for the White House.

Another possibility is that Miller has some other sort of leverage over the White House, that she knows things about, say, the leadup to war, that would be very damaging if exposed. As a result, Rove and Libby are going out of their way not to get on her bad side, and are therefore avoiding any public finger-pointing in her direction.

By far the wildest explanation is the one currently being championed by commentors at DailyKos, Atrios and other liberal blogs: that Miller is herself on the payroll of some intelligence organization (such as the DIA or CIA) and that the White House is trying to protect her cover (wouldn't that be ironic?). This speculation is being fueled by Arianna Huffington's latest account of Miller's intelligence connections and her unusual experience as an "inbed" during the first months of the war. And, crazy as it sounds, the intelligence community does have an acknowledged history of keeping reporters on the payroll.

But I ask you, do any of the above stated explanations strike you as likely to be true? If the answer is no, then you may want to reconsider whether you believe the "Judy Miller theory."
Digg!

6 Comments:

Mike the Mad Biologist said...

I think you could be right. My first thoughts on Miller's motives were simply that she was a partisan hack who writes on the newspage and not the op-ed page.

But I'm certainly willing to accept that she also divulged this information to others so she wouldn't look so foolish (although probably not the administration),

9:00 AM  
AltHippo said...

My comment is similar to mike the mad biologist's (love the handle, by the way).

On althippo.com, I quote a passage from All the President's Men, that may be relevent to Miller's role.

By the way, I've been following your work on TPMCafe, and hope you keep it up.

5:29 PM  
Adm. Happy Horatio Hornhonker said...

Howdy: Just floated in from a link at the TPMCafe . . .

My dearest wife who has been my editor and sounding board for 35 years brought up the possiblity that Judith Miller's jailing for contempt is a front by Fitzgerald to protect her from further corruption by those within the administration.

Add that possiblity to your flow-chart.


Now - with all the smack flying through the ether - add the following to your time-line and flow-chart:

: : When They Knew
: :
: : Posted Sunday, Jul. 31, 2005 Time Magazine August 8th Edition
: :
: :
: : As the investigation tightens into the leak of the identity of covert CIA operative Valerie Plame,
: : sources tell TIME some White House officials may have learned she was married to former ambassador
: : Joseph Wilson weeks before his July 6, 2003, Op-Ed piece criticizing the Administration. That prospect
: : increases the chances that White House official Karl Rove and others learned about Plame from within
: : the Administration rather than from media contacts. Rove has told investigators he believes he learned
: : of her directly or indirectly from reporters, according to his lawyer.
: :
: : The previously undisclosed fact gathering began in the first week of June 2003 at the CIA, when its
: : public-affairs office received an inquiry about Wilson's trip to Africa from veteran Washington Post
: : reporter Walter Pincus.


Where does that place Miller in the scheme of things? Is she using someone or is someone using her - or is the affair mutual?

Keep up the pressure . . .

Admiral Jonah D. Wail
Capt: USS Lollie Pop


PS: The wife and I ate loads of Cheetoes and drank copious amounts of RC Cola watching the daily Nixon/Watergate fun and games. Wimpy & Berstein and Deep Throat? Naaaw! Our biggest thrill was when Haldeman's ex-aide Alexander Butterfield announced to the committee that there were audio tapes of all WH Oval Office conversations. I though old Sam Ervin was going to spit out his dentures when he heard that and ordered the storage room where the tapes were located to be guarded 24/7... What a coup! You had to live it to really feel the exhilaration ...
.

6:56 AM  
Anonymous said...

Of course you know it's against the law for an intellegence agency to have a reporter on it's payroll. Not that this law would make any difference to this bunch.

I too was glued to the tv during the watergate hearings....really good stuff. If this comes to senate hearings, I'm breaking down and buying that 56" TV I've been
wanting. Wanna get the full flavor and all.

8:18 AM  
Anonymous said...

...or are currently misleading the media to protect her

Very interesting. is it fair to boil your question down to "Why haven't we seen more Admin leaks about Miller?"

I am not too puzzled about Rove vis a vis Miller specifically - his story is so weak that it could mean anything.

But what about Libby? If we accept that the WaPo reports are correct, and that his name is on Judy's subpoena, then...

How sure are you that Libby is feeling any heat? There are lots of calls to "Get Karl", but Libby's story looks pretty good - Kessler, Russert, Pincus, and Cooper all testified: Kessler was a non-event, Russert may have told him, Pincus did not, Cooper definitely mentioned Plame and the Wilson trip to Libby. *Unless* Libby leaked to Novak, he does not need Judy to look like Mr. Clean.

So maybe Libby doesn't leak about Miller, figuring that cooperating with Fitzgerald is a good idea, that he doesn't need her exoneration, and that with her silence, Fitzgerald is stalled - absent her testimony, Fiztgerald is not well-positioned to get Libby or Rove on perjury or much else (since he can't bring in Ms. Miller to disprove their story).

Anyway, I am not sure how diligent the press has been about reporting on her situation, anyway - the NY Times always pretends that she is protecting the *identity* of her sources, which is contrary to the subpoena, and yesterday, Richard Cohen of the WaPo played the same game:

Before Judith Miller of the New York Times went to jail for not revealing her sources...

...Whatever her politics, whatever her journalistic sins (if any), whatever the whatevers, she is in jail officially for keeping her pledge not to reveal the identity of a confidential source. (If that's not the case, then we don't know otherwise.) That pledge is no different than the one Bob Woodward made to Mark (Deep Throat) Felt...


Maybe the press is happy with the status quo (Judy as free press martyr) and the WH is happy with Fitzgerald being stalled, so neither side is looking for or providing leaks.

But it is a good question, and I am not in love with my answer.

Tom Maguire

12:57 PM  
Anonymous said...

My theory: Miller is on the payroll all right, just not the CIA's. She's a line item in the White House marketing communications budget, in the same vein as the bought-off "journalists" who pitched No Child Left Behind. Also, in recognition of her utter lack of diplomatic skills, she's been promised an ambassadorship to anywhere she likes. (Somewhat kidding about the latter, not kidding about the former.)

6:03 PM  

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