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Thursday, October 13, 2005

Mark Kleiman modestly discusses the theory which I consider the the Hamsher-emptywheel-Kleiman Mousetrap Theory. Briefly that Fitzgerald caught Judith Miller in a perjury trap and used the threat of prosecution to make her answer questions she would not answer when threatened with mere civil contempt.

Kleiman notes one fact which seemms to undermine the theory. "Against the theory: Miller's testimony lasted only 75 minutes. No doubt that seemed like an enternity to Miller, and it's ample for her to confirm what was in her notes about the June meeting with Libby, but it's hardly enough for her to testify "voluntarily" on matters further outside the scope of her agreement with Fitzgerald. After Miller's testimony, the contempt citation was lifted; unless Fitzgerald wants to issue a new subpoena and fight it back up through the courts, she's done as a witness until it's time to start impanelling trial juries."

I don't follow. If Fitzgerald has Miller on perjury, he doesn't need a subpoena. He can just invite her to voluntarily testify and, if she does, voluntarily choose not to prosecute her. If Fitzgerald was done for the day and Miller had answered all his questions he really can't continue to say she is in contempt which she isn't. My guess is that he will now call people whose lies are contradicted by Miller to testify again then re-invite her.

I just mean if the mousetrap theory is true then a subpoena is no longer needed to obtain further testimony so why is the duration of the testimony evidence against the theory ?

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