By: Joe Strupp Contrary to common analysis, Wednesday's contempt-of-court appeal by two reporters refusing to disclose their sources in the Valerie Plame case is not expected to result in a decision for up to several weeks, according to one of the lead attorneys in the case.
George Freeman, in-house counsel for The New York Times, told E&P Monday morning that the hearing before a three-judge appeals court in Washington, D.C., will likely be a quick one, with each side having 25 minutes to argue its case. But, he did not foresee reporters being led away in handcuffs, as some have suggested.
"They won't make a quick decision," said Freeman, who is representing the Times' Judith Miller in the case. "It will likely be, as appeals courts do, over time. Maybe a matter of weeks."
Some observers, such as Lucy Dalglish, executive director of Reporters Committee for Freedom of the Press, have said that those involved in Wednesday's hearing could be led away to jail this week. Dalglish said on CNN Sunday that "It's likely we'll see some journalists behind bars within days."
Miller and Time magazine reporter Matthew Cooper were found in contempt for refusing to reveal who leaked the name of the CIA agent Valerie Plame to reporters last year. Columnist Robert Novak revealed the agent's name in a 2003 column, but it is not known if he has been targeted by federal investigators or what information he has provided.
"You argue the law, the facts, and whether this is fair," Freeman said about the appeal hearing. "It is about sending reporters to jail for reporting on government, especially when there was no danger to anyone and Ms. Miller didn't write a story on it."
Freeman would not speculate on what chances the reporters had of getting a reversal, adding "you never know what will occur."
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