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October 28, 2005
Miller Mystery Solved?
The Volokh Conspiracy speculates--
On an entirely speculative front, Miller and Cooper might have refused to testify because they knew Libby had lied to investigators and the grand jury, and therefore knew that their testimony would directly contradict Libby's and lead to obtstruction and perjury charges. That might explain Judith Miller's reticence to believe that Libby had released her from her duty of confidentiality: Why on earth would Libby volunteer to let Miller hand over evidence that would lead to his felony conviction?
Two mysteries solved, really. 1-- Why Miller wouldn't testify, despite Libby's supposed release of her to do so. (While hoping she actually wouldn't.)
And 2-- Why Maureen Dowd and the New York Times despises her so. She knew that Libby didn't really want her to testify, so she tried to avoid doing so. And they wanted her to sing like a canary, baby, confidentiality of sources be damned.
Makes so much damn common sense it's likely to be true.