Miller and Cooper Submit Jail Preferences

Reporters Matthew Cooper and Judith Miller have submitted their jail designation requests to the Judge. It will be interesting to see what the Judge recommends, and whether the Bureau of Prisons follows the Judge's recommendations.

Judicial recommendations are not binding on the Bureau of Prisons. However, if BOP does not follow a judge's recommendations, it must send a letter to the Judge explaining why. The defendant is not allowed to read the letter. Only the Judge and the Probation Department get to see it.

Contempt time is often called "dead time" and is usually served in a county or local jail. For example, if a federal prisoner gets called to the grand jury and refuses to testify, he or she will get contempt time added to their criminal sentence, to be served in the county hoosegow after their release on their federal sentence. Miller and Cooper aren't serving criminal sentences, though, and the Judge can recommend what he sees fit. Again, BOP might or might not honor the Judge's recommendation.

For Cooper, the local jail is the Washington D.C. jail, which as his lawyers note in their request, is a maximum security facility.

"Confinement in the D.C. jail," Mr. Cooper's lawyers wrote, "would subject Mr. Cooper, a non-violent, non-criminal journalist, to a dangerous maximum security lockup already overcrowded with a mix of convicted offenders and other detainees awaiting criminal trials."

Mr. Cooper asked to be sent to the federal prison camp in Cumberland, Md., if home confinement is not an option.

Judith Miller asked for home detention, offering to stay off the internet. Alternatively, she asked to be sent to the women's minimum security facility in Danbury, CT.

Another camp would be Alderson, where Martha Stewart went. BOP could also designate her to the federal detention center in Brooklyn. That would be harsh.

Why is Cooper expecting jail after Time cooperated and submitted the requested documents? Because Cooper says he won't testify and that his testimony would merely be cumulative of the documents.

The Government may not agree, particularly if it is pursuing a perjury prosecution against a senior White House official, and wants two witnesses to support the perjury charge. More on this here.

< Was Karl Rove The Leaker? | What Does the Government Really Want from Miller and Cooper? >
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  • Re: Miller and Cooper Submit Jail Preferences (none / 0) (#1)
    by Sailor on Sat Dec 17, 2005 at 01:00:46 PM EST
    I want to see them in orange jumpsuits and belly chains like Susan McDougal.