It seems apparent to me that Judith Miller worked for the Vice Presidents Office of Special Plans and was in fact a formal or informal government agent.
Wolfowitz and Feith set up the OSP. They urged against CIA advice not to use the claim that Sadaam had sought Uranium from Niger in Bush SOTU speech. The idea of using what was probably an earlier CIA black ops report on Iraq trying to get yellow cake uranium from Niger began in this office. This is another case of one branch of the government believing a false story planted by the CIA (at an earlier time for reasons having nothing to do with an invasion of Iraq) and acting on it as reality. Some of these schemes have been outlined in the documentary "The Power of Nightmares". I had the opportunity to see the entire 3 part series on video tape.
The Office of Special Plans provided much of Powell's speech to the U.N., which was at odds with the CIA. This is the backdrop to the CIA purge and the resignations of Tenet and Pavitt.
The main source of information for the Office of Special Plans on Sadaams WMD was Ahmed Chalabi. His relationship with Judith Miller was very special.
"Last May, Howard Kurtz of The Washington Post wrote of an e-mail exchange between Miller and John Burns, then the Times bureau chief in Baghdad, in which Burns rebuked Miller for writing an article about Chalabi without informing him. Miller replied that she had been covering Chalabi for about ten years and had "done most of the stories about him for our paper." Chalabi, she added, "has provided most of the front page exclusives on WMD to our paper."
Ahmed Chalabi always thinking into the future arranged interviews for Miller with people like Khidir Hamza who was seen frequently on US television glibly assuring all Americans that Sadaam was months away from having Nuclear Weapons and possessed WMD. These were set-ups by Chalabi. Perhaps he paid these people off to tell Miller what Miller and the OSP were only to glad to here.
Chalabi's plan was for a US invasion, overthrow of the Sadaam Regime and then removal of U.S. forces as quickly as possible to be replaced by Iranian financial and military support. He all along was working for and with Iranian, not U.S. interests. We now see this more clearly with the current governments close ties to Iran, which includes a recently signed agreement authorizing Iranian training for Iraqi troops. We are also to understand that the Bush Administration no longer favors Chalabi. The Administration is fearful of him as he can easily expose them publicly as to how he duped them and then some. He is clearly head and shoulders on another level of political intelligence, worldliness and savvy than the provincial (Jackson Hole Wyoming) Dick Cheney. Using the United States to invade Iraq was like taking candy from a baby. It is certainly what the baby wanted anyway.
Judith Miller is in jail. I believe she is in jail because she is the first member of the press to learn that Valerie Plame was a CIA agent. She learned this from Cheney's office, apparently from Libby. I believe that she informed other members of the press and was part of an OSP operation to discredit Joe and Valerie Wilson. This is the "plot against Wilson" that one appellate judge referred to. Judith Miller is not merely a reporter, she is an operative herself who worked for the OSP, which stood in opposition to the CIA. Miller has never written about Valerie Plame, her job was to spread the information, not to write about it. The OSP with Fieth, Cheney, Rumsfeld, and Wolfowitz sought to replace the CIA as the fulcrum of influence in espionage activity. Miller like many other journalists, we are finding out, works for the government first and in her case, the New York Times second.
Judith Miller cannot testify because she would incriminate herself on a number of levels. She may be part of the plot to discredit Wilson, not just reporter receiving information. She might have to reveal that she in fact works for the government planting stories as other reporters have been know to do. She may be on a government payroll or perhaps her work is fee based or perhaps she receives nothing and she works out of a sense of what I would call misguided patriotism. That's another word for being stupid.
Now what gets complicated is Patrick Fitzgerald's position toward her from a political point of view and from a procedural one I don't think anyone wants to hear about that at this time.