United States District Court for the District of Columbia
October 7, 2004.
In re: Special Counsel Investigation.
The opinion of the court was delivered by: THOMAS HOGAN, Chief Judge, District
Pending before the Court is the Motion of the UNITED STATES OF
AMERICA, by PATRICK J. FITZGERALD, SPECIAL COUNSEL, to hold
witness Judith Miller in civil contempt of court pursuant to
28 U.S.C. § 1826. After conducting a hearing on October 7, 2004 and
being fully advised, this Court finds as follows:
1. Judith Miller, having received subpoenas for grand
jury testimony and the production of certain
documents, moved to quash the subpoenas, and this
Court denied the motion to quash for the reasons
stated in its Memorandum Opinion dated September 9,
2. Judith Miller has, in person and through counsel,
refused to comply with the grand jury subpoenas
without just cause.
3. Based on this refusal, Judith Miller is in civil
contempt of this Court.
4. Judith Miller has indicated her intention to
pursue appeals to the United States Court of Appeals
for the District of Columbia Circuit of this Court's
order finding her in contempt. This appeal is brought
in good faith and raises substantial issues of law.
5. Judith Miller has agreed to file her notice of
appeal on or before October 12, 2004, and the parties
have agreed to propose an expedited briefing schedule
in the Court of Appeals requiring the filing of
appellant's brief on October 22, 2004, the filing of
appellee's brief on November 3, 2004, and the filing
of appellant's reply on November 10, 2004.
Based on the foregoing findings of fact, and for the reasons
stated in open court, it is hereby
1. Judith Miller is ordered confined at a suitable
place until such time as she is willing to comply
with the grand jury subpoenas. The period of
confinement shall not exceed the life of the term of
the grand jury, including extensions, and in no event
shall exceed eighteen months; and
2. Judith Miller is granted bail pending appeal of
the court's finding of contempt to the United States
Court of Appeals for the District of Columbia
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