The “risk” that Judith Miller, of the Manhattan Institute, faced was going to jail (temporarily realized for all of three months as she refused to give up the source who’d illegally passed her national security information. Miller wants a shield law that would place journalists above the law.

This is typical—demonstrative—of the intrinsically arrogant and dishonest “industry” of which she is a part.

By Miller’s own admission, she had been given a leak of national-security information. This was an obvious illegal transferal, and everywhere outside the journalism guild, receiving stolen property like this “leak” was would itself be a crime.

Further to Miller’s dishonesty, she chose to conflate her subpoena with the recent badly done subpoenas for New York Time news writers as though badly done subpoenas justify tossing correctly done ones like the one that sent her to jail for three months.

Further to Miller’s dishonesty, she noted that she was released only when her contempt of court was cured by her source giving her permission to reveal him. No permission was necessary and no permission is necessary today: journalists must be required to give up their sources of illegally transferred information whether or not they choose to publish those stolen goods.

Shield law: she already has one, as she noted:

…Justice Department guidelines call for issuing subpoenas to journalists only as a last resort and after a thorough investigation fails to determine the source of the leak….

Along with our court system, which deals appropriately with subpoenas to journalists that do not meet those guidelines, just as the court did with those NYT subpoenas.

There is no right of confidentiality for journalist-source relationships, as there is for lawyer-client or doctor-patient, nor should there be. Even with those latter two relationships, lawyers and doctors are required to notify law enforcement or other appropriate authority of the fact of an impending crime if not of which of their clients or patients may be the impending criminal.

Finally, Miller doesn’t even know what national security-related information is:

National security wasn’t compromised by the Qatari plane stories….

Of course it was. The President’s change of movement plans in response to a perceived security threat, as that NYT article itself acknowledged, certainly was national security related, compromising as it did the President’s movement changes, the fact that our government knew about a threat in advance of its realization, and compromised that threat’s goal before they could attempt their move and be intercepted and arrested.

Constitutionally protected newsgathering is vital to a democracy.

Certainly. But there is no constitutional protection for receiving stolen goods. Neither is that protection necessary for effective newsgathering.

In one respect, though, Miller is right about facing the risk of jail. Jail for concealing the sources of illegally transmitted information should be a certainty. Even if the source is later identified. The illegal reception crime would still exist and still want jail in response.