Reporter Jailed; Bush in Europe; Missing the Point?
KITTY PILGRIM, CNN ANCHOR: Good evening, everyone. Tonight President Bush is in Scotland for the G8 summit meeting, but critically important issues vital to our national security are missing from the agenda. Detroit's big three launch a new round of price cuts. Is our automobile industry in terminal decline? And "Red Star Rising": a Chinese microchip company is demanding a subsidized loan from our government to compete with an American rival. We begin tonight with the jailing of a "New York Times" reporter for refusing to reveal the identify of a source. Judith Miller declared she would not testify to a grand jury investigating the leak of a CIA agent's name. Another reporter, Matthew Cooper, of "TIME" magazine, said he would testify, and he avoided any jail time. Bob Franken reports.</s>BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over): She came to the court a free person. But "New York Times" reporter Judith Miller was fully aware she could leave a prisoner. And she did. Taken from the courthouse by U.S. marshals, on her way to jail, after telling federal Judge Thomas Hogan that she would defy his order and would not reveal her source to a grand jury. "I cannot break my word," she said, "to stay out of jail." In spite of arguments by her attorney, Robert Bennett, the jail would not coerce Miller to follow the court ruling. Judge Hogan insisted he had to enforce his contempt of court order to attempt to get her to comply.</s>BILL KELLER, "NEW YORK TIMES" EXECUTIVE EDITOR: I think that anybody who believes that the government and other powerful institutions should be closely and aggressively watched should feel a chill up their spine today.</s>FRANKEN: "TIME" Magazine reporter Matthew Cooper avoided imprisonment because he ultimately agreed to testify about his source. A last-minute decision, he said, that came only after he had left home and kissed his son good-bye, fully expecting he, too, would go to jail.</s>MATTHEW COOPER, "TIME" MAGAZINE: This morning, in what can only be described as a stunning set of developments, that source agreed to give me a specific personal and unambiguous waiver to speak before the grand jury.</s>FRANKEN: Judith Miller insists she will not testify. Now comes the test to see if time in jail changes that. Time that could last up to four months. Special prosecutor Patrick Fitzgerald insisted she can't have special treatment. Fitzgerald was appointed to investigate a leak that identified then-undercover CIA operative Valerie Plame. He said Miller's testimony is necessary, as well as Cooper's, to determine who leaked Plame's name.</s>FRANKEN: "We have to obey the law," said the judge, "otherwise the nation will descend into anarchy." He says that trumps concerns by journalists that they will have a harder time informing the citizens of that nation -- Kitty.</s>PILGRIM: Thanks very much. Bob Franken. Well, joining me now for more on the implication of this in today's court hearing is our senior legal analyst, Jeffrey Toobin. And Jeffrey, thanks for being here. This is a big deal for those of us in the profession. This is Washington, D.C., pretty much the center of journalism, those who aspire to real investigative reporting. And what does this mean?</s>JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well, you know, here you have a reporter reporting on a critical subject. Remember, this is all about WMD, why we went to war. And in an investigation where no one has yet been charged with any crime, where it's not even clear any crime has been committed, the one person going to jail is Judy Miller, who was only doing her job. That's a, to use the word of the day, chilling thought.</s>PILGRIM: Let's talk about the shield laws. And certain states have them, but they didn't apparently apply in this case.</s>TOOBIN: Right. About 31 states have some kind of shield law. And the judge in this case ruled that because this was a federal matter outside the purview of any state shield law, there is no shield law federally. So Judy Miller is simply like any other witness who got a subpoena to the grand jury. She's obliged to testify.</s>PILGRIM: And let's fill out for our viewers, the shield law would protect journalists from having...</s>TOOBIN: Right. And after -- particularly, a "New York Times" reporter was jailed in the '70s. Many states passed laws that said you can't subpoena journalists because they are doing work that benefits all of society. That's -- that's what some states felt. The federal government, the Congress, has never passed a comparable law. So it's -- the journalists have no protection in a federal matter like this one.</s>PILGRIM: The broader implications for the role of journalists as watchdogs of society?</s>TOOBIN: Well, journalists are really now at the mercy of prosecutors. They have the right now, it seems clear, at least in Washington, to subpoena journalists if they want information. And journalists have no grounds on which to resist. We'll see how much restraint they exercise, or whether they start going after more reporters.</s>PILGRIM: Jeffrey Toobin, thanks for helping us sort this through. Thank you. Well, President Bush is in Scotland tonight for the G8 summit meeting. World leaders will discuss African debt, climate change, some other issues. President Bush is likely to face pretty tough questions about his policies. Suzanne Malveaux has our report from Glasgow, Scotland -- Suzanne.</s>SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Well, good evening, Kitty. President Bush this evening dines with Queen Elizabeth II, as well as seven other leaders of industrialized nations. Of course the summit under way. Great anticipation not only from politicians, but protesters and rockers.</s>MALVEAUX (voice-over): President Bush celebrated his 59th birthday in Denmark. At a lunch with the queen, a cake that literally took his breath away. And earlier, celebration, as well as serious matters, with Denmark's prime minister. At a news conference, President Bush vowed to get a Supreme Court nominee confirmed by October, saying he's already started reading about various candidates.</s>GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: There will be no litmus test. I'll pick people who, one, can do the job, people who are honest, people who are bright, and people who will strictly interpret the Constitution and not use the bench to legislate from.</s>MALVEAUX: One of those possibly on Mr. Bush's short list, Attorney General Alberto Gonzales is already facing criticism from some conservatives who say he's too moderate. Mr. Bush fired back.</s>BUSH: I don't like it when a friend gets criticized. You know, I'm loyal to my friends. And all of a sudden this fellow, who is a good public servant and a really fine person, is under fire.</s>MALVEAUX: Now, that was President Bush earlier today in Denmark. Of course, he arrived here in Scotland for the first day of the G8 summit. And an unusual first meeting for the president. It was not with heads of state, but rather with rockers, Bono, as well as Bob Geldof. Both of them responsible for those Live 8 concerts. They are trying to get the leaders here to double the amount of aid to Africa. They said after their meeting with the president, that they were appreciative of his increasing aid, but, of course, that more could be done -- Kitty.</s>PILGRIM: All right. Thanks very much. Suzanne Malveaux. Well, police guarding the summit fought running battles with several hundred anarchists. The protesters left the route of an agreed march near Gleneagles. That's the summit meeting's location. Now, some of the protesters threw rocks and wooden stakes at police. Riot police eventually pushed the protesters away from the security fence surrounding Gleneagles. Critically important issues vital to this country's national security appear to have a low priority at the G8 summit meeting. Those issues include the global war on terror, nuclear proliferation. It would seem world leaders have very different priorities at their summit.</s>PILGRIM (voice-over): The origin of the G7 meeting was to convene the richest countries in the world to discuss financial issues. When Russia was added, the G8 agenda became more political.</s>NILE GARDINER, HERITAGE FOUNDATION: Unfortunately, this G8 summit will not be addressing some of the major issues of concern to the United States, Great Britain, and other western countries, including the threat posed by global terrorism, the threat posed by rogue regimes with dangerous weapons of mass destruction. This is a summit which simply fails to address many of the key issues to American, British and other western voters at this time.</s>PILGRIM: Some of the pressing issues that are not high on the agenda, North Korean nuclear proliferation and the emergence of Iran as a nuclear power, tensions over the Chinese military buildup. And the Taiwan Straits will only get brief mention. The summit's host, Prime Minister Tony Blair, set the agenda. Prime Minister Blair chose African debt relief and global warming. Critics say the summit's agenda misses the point.</s>PHILIP GORDON, BROOKINGS INSTITUTION: Blair hoped that if he really zeroed in on those two things, he might actually have a chance of getting something done, as opposed to just a long laundry list of all of the issues in the world but not do anything about them.</s>PILGRIM: Experts point out you cannot have meaningful discussions on issues like global warming without countries like India and China, which are rapidly industrializing. Still to come, gathering storm. Dennis gains speed in the Caribbean, and it's just reached hurricane strength. We'll have the very latest on that. And out of gas. How Detroit's latest price cuts could accelerate the decline of our automobile industry.