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Only Judy gets the orange jumpsuit


Time magazine reporter Matthew Cooper (R) talks to the press next to his lawyer Richard Sauber outside the U.S. federal district court.

Matthew Cooper will testify, Judith Miller’s going to the clink.

New York Times reporter Judith Miller was jailed Wednesday for refusing to identify a confidential source to a grand jury investigating a leak of a CIA operative’s identity and is expected to remain confined until she decides to testify — which she vehemently vows she will not do — or until the grand jury expires in late October.

“I do not make confidential pledges lightly but when I do, I keep them,” Miller, a Pulitzer Prize-winning journalist told Chief U.S. District Judge Thomas F. Hogan in a hearing capturing the biggest clash between the press and the government since the Vietnam-era Pentagon Papers case.

“In this case, I cannot break my word just to stay out of jail,” Miller told Hogan before he sentenced her.

Time magazine reporter Matt Cooper escaped going to jail after his source voluntarily waived confidentiality just hours before Wednesday’s court hearing that ended with Miller’s jailing. Cooper refuses to publicly name his source and will disclose the information only to the grand jury.

Hogan found Miller and Cooper in civil contempt of court last fall after they refused to reveal their sources to a grand jury investigating who leaked CIA agent Valerie Plame’s identity to columnist Robert Novak and other reporters in July 2003. Miller and Cooper’s convictions were upheld by the U.S. Court of Appeals in Washington and last week, the U.S. Supreme Court declined to review the case.

Two U.S. marshals surrounded Miller as Hogan announced the sentence. Citing overcrowding and security concerns at Washington, D.C.’s jail, Hogan said Miller will be confined in the women’s section of a jail in the Washington metropolitan area. Miller, uncuffed, led the marshals and a court bailiff out of the back door of the courtroom.

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Pam Spaulding

Pam Spaulding