Will Time Inc. Hand Over Documents and Keep
Cooper Out of Jail?
E&P
By Joe Strupp
Published: June 28, 2005 4:00 PM ET
NEW YORK When Matthew Cooper of Time magazine and Judith Miller of The New
York Times return late Wednesday afternoon to face the federal judge who
ordered them to jail last fall for refusing to reveal confidential sources, two
different outcomes may emerge.
While New York Times officials have maintained that Miller will not reveal
the source who leaked to her the identity of CIA agent Valerie Plame, a source
close to Time Inc. told E&P that the company is considering handing over
documents that would reveal the source.
Cooper declined to comment.
Ted Olson, the lead attorney for Time, would not confirm or deny that
report, saying "decisions have not been made in terms of what Time will do if
the judge reaffirms the order. Both Time and Matt Cooper are reserving judgment
on what they will do. There is no point in making a decision before it is
necessary."
Asked if Time Inc. was considering revealing the source, via documents, Dawn
Bridges, senior VP for communications, declined comment.
Cooper and Miller face up to 18 months in jail for refusing to name the
source or sources who leaked the identity of Plame to them. Following a U.S.
Supreme Court decision Monday not to hear the case, the pair returns Wednesday
to U.S District Court Judge Thomas Hogan, who found them in contempt last
fall.
The New York Times reiterated its position Monday that it would not reveal
the source in a statement that said, in part, "we fully support the position of
Judith Miller and her decision to honor the commitment she made to her
sources."
For Time, however, the response was somewhat different, with a statement
Monday that seemed to leave room for a different result, pointing out that
circumstances may have changed since the contempt of court order was given by
Hogan late last year. "We think it premature for Time Inc. and Matt Cooper to
articulate final positions until Judge Hogan has ruled on our request for
review and reassessment," the statement said in part.
Olson added that his clients had several options. "The options are
cooperating or Cooper going to jail and Time paying a fine of $1,000 per day,"
he said. "They have not made a decision."
In addition to ordering the reporters to jail, Hogan also ordered Time to
pay a $1,000-per-day fine for each day that the source's identity is withheld.
The Times was not hit with such a fine.
Joe Strupp (jstrupp@editorandpublisher.com) is a senior editor.
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