No Straw MenEnlightened discourse proscribes arguments that are weak or imaginary, like straw, set up only to be confuted summarily.

Unanswered Questions About Patrick Fitzgerald

1. Fitzgerald subpoenaed Cooper on the basis on an article he coauthored for Time.com. How does Fitzgerald know that the “government officials” the article refers to spoke with Cooper and not Massimo Calabresi or John Dickerson?

2. How does Fitzgerald know that someone in the know spoke with Judy Miller, who merely conducted interviews on the matter but did not publish an article?

Addendum (7/9/2005): The New York Times answers question two: Fitzgerald has relied on secret evidence in persuading courts to order Miller jailed. He could have learned about her involvement through phone records and by questioning government officials.

Addendum (7/14/2005): Jack Shafer argues that “Fitzgerald seems bent on penalizing Miller for her knowledge of the case rather than for her proximity to the purported crime.”

Additional questions:

3. Why does Time but not the Times face contempt charges?

4. Is Karl Rove Cooper’s deep throat?

Addendum (11/21/2005): Time answers question three: “Miller . . . was originally subpoenaed along with the Times. After the newspaper said it had no relevant documents to hand over and that Miller’s notes—and the decision whether to turn them over—belonged to her alone, the court pursued only the subpoena against Miller. . . . In the Cooper case, the prosecutor went after e-mails and other information stored on computers owned by Cooper’s employer, Time Inc., which was subpoenaed and held in contempt when it refused to turn over the documents.”