Confidential Sources The case of Judith Miller, Scooter Libby and Valerie Plame Outlined by Michael Dorsher, Ph.D. University of Wisconsin-Eau Claire for Controversies in Media Ethics, 3 rd ed., © 2012

The Facts of the Case Judith Miller was a star national reporter for The New York TimesJudith Miller –In the run-up months to the War in Iraq, she interviews Lewis “Scooter” Libby, the chief of staff to Vice President Dick CheneyLewis “Scooter” Libby –Libby asks her to go “off the record,” and she agrees –He tells her that a major critic of the coming Iraq invasion, Joe Wilson, is married to a CIA undercover agent named Valerie PlameValerie Plame –That’s the plot of the movie “Fair Game”Fair Game Robert Novak was a syndicated columnist for the Chicago Sun-TimesRobert Novak –Novak has a similar meeting with Libby, except Libby tells him to go ahead and print Plame’s name –Novak does print her name in a column, forcing Plame to resign her CIA post because her cover is blown –But Novak does not name Libby (or anyone else) as his source

The Facts (cont.) Iraq war opponents cry foul President Bush says he would fire anyone who leaked a CIA agent’s name Congress appoints a special prosecutor to find out who leaked Plame’s name The special prosecutor subpoenas Novak, Miller, Bob Woodward and other journalists Bob Woodward Novak, who is elderly and dying, names Libby as his source rather than go to jail

The Dilemma If Judith Miller names Libby as her off-the- record source rather than go to jail or stay in jail, it confirms that the vice president’s office endangered a CIA agent for political purposes, but it also shows all other sources they can’t trust The New York Times to maintain their confidentiality.

The Pros Confirms the vice president’s office endangered a CIA agent for political gain Lets the CIA know its mole was not internal Gets Miller out of jail Likely to get Libby out of government

The Cons Other sources see they cannot trust The NYT to keep them confidential Miller and The NYT look like patsies for the Bush administration’s war campaign Whatever time Miller spent in jail was for naught

Values Raised (listed in random order; the class picks its top value) A.. B.. C.. D.. E..

The Principles A.Agape – God would … B.Categorical imperative – Kant would … C.Golden Mean – Aristotle would … D.Utilitarianism – Mill would … E.Veil of ignorance – Rawls would …

Whom we owe loyalty (listed in random order; the class picks its top loyalty) A.The public B.NYT editors C.CIA D.Libby E.Plame

Who Is Owed Loyalty? A.. B.. C.. D.. E..

The Decision (???? as top value; ???? as top loyalty)

What happened Miller goes to jail for 85 days before naming Libby –Even though Libby told her it was OK to name him sooner Libby resigns –Miller resign –Novak dies –The U.S. attacks Iraq, finds no WMDs, deposes Saddam 4,800 U.S. soldiers die in Iraq, along with 26,000 Iraqi insurgents and an estimated 85,000 Iraqi civilians Oct. 21, 2011: President Obama announces the complete withdrawal of U.S. troops from Iraq by the end of this year

My policy on confidential sources