Journalistic Privilege

I have revised my previous opinion regarding journalistic privilege in the Valerie Plame case. This is a very unique case because the actual leak itself constitutes a crime. Because of this, any privilege, were it to exist, would not apply. Existing privileges, such as attorney-client privilege, have this provision. For example, communications between a lawyer and client for the purpose of furthering a crime is not privileged. Since it is a crime to deliberately leak the name of an undercover CIA agent, no privilege should apply.

Journalistic privilege is difficult to legislate since unlike doctors and lawyers, there is no licensing process to determine who is a journalist. By writing this blog, am I to be considered a journalist?

Again, I understand why Judith Miller and Matthew Cooper wish to protect their source, but their source was using them illegally as a means of getting retribution against Joe Wilson for discrediting the Bush administration's justifications for the war in Iraq. Since they did not print the name, they have committed no crime. Robert Novak should be the one going to prison to protect his source and co-conspirator, not these two reporters.