The defense begins its cross-examination of Judith Miller.

Attorney Jeffress: “When you first appeared before the grand jury, you didn’t remember anything about the June meeting with Mr. Libby, correct? Now today you describe it in great detail?”

“No, just the highlights,” responds Miller. She says most of the meeting concerned a discussion of the uranium in Niger affair.

“Do you recall an investigation began in late fall of 2003?” “No.”

“Recall the Novak column?” “Yes.”

Did she read or hear about the opening of an FBI investigation? Did she tell Phil Taubman at the NYT she had not been the recipient of any calculated leak? “No,” she responds. “I didn’t know if there was a campaign to leak.”

Does she recall Phil asking whether any reporters at the NYT had been targeted by the Bush admin to put out info about Wilson’s wife? “Yes.”

But she was unaware of any such campaign “and if it existed I was not a target of it.” Miller never wrote about Wilson’s wife — but recommended to Jill Abramson that someone write about it for the Times a short time after her second meeting with Libby. Met with Jill Abramson, outlined highlights about hunt for weapons of mass destruction, and then said she had a tip someone should pursue — whether or not Joe Wilson’s wife works at the agency and if so what she does.

Jill Abramson seemed distracted.

It seems the editor and managing editor of the Times were in the process of resigning — over a little matter of a reporter who had made up much of the information in a series of articles for the paper.

No — not Judy Miller! Jayson Blair — remember him?

After a recess, the defense continues asking about the meeting in June with Libby that Miller originally forgot. She discussed her meetings with Libby within her newspaper — did the discussions include the June 23rd meeting?

She does not recall. In spring of 2004, she received a subpoena. It asked about her meetings and discussions in July 2003. She did not, therefore, look at information from other times — such as the June 23rd meeting with Libby.

“I don’t remember what I remembered then,” she concludes.

Memories….

“Isn’t it true that you didn’t remember the meeting of June 23rd after you received the subpoena and then after you were held in contempt?”

She did not look at any notes about anything that happened outside of July.

“I had a vague memory that I knew of Ms. Plame prior to my July 8 meeting w Libby—but I couldn’t remember when and where I heard it.”

She did not remember the meeting with Libby on June 23rd, even after she as put in jail for 85 days.

Score one more for the defense on their hazy memory strategy?

In grand jury testimony, Miller did not remember meeting with Libby in June 23. She remembered his demeanor during meetings, his comments, his mention of Plame being Wilson’s wife — but NOT the entire June 23 meeting?

Miller: “No.”

Do you recall testifying to the grand jury that you had to rely on your notes, because your memory “is not good?”

The grand jury transcript so reflects.

Defense attorney Jeffress continues to hammer at Miller’s memory — or lack thereof, consistent with their line of attack on all prosecution witnesses thus far. He seems more aggressive with her than other witnesses thus far.

After another recess, Miller’s attorney then appears and tells judge that he will object to any attempt by either the defense or the prosecution to ask questions about any other sources Miller may have. But he also adds he does not believe there are other sources she can recall dealing with about Joseph Wilson, his wife, or the issues before the court in this trial.

Bennett then asks for a minute to consult with his client.

When they come back, Miller agrees to answer if there were any other sources she had acquired information about Wilson from.

Jeffress is asking about Miller’s statement that she had spoken or met with other sources when planning to write about Wilson’s op-ed piece in the NYT that set the entire controversy off in the first place. Before he gets too far, however, the judge intercedes and a bench conference ensues.

More discussion of what Miller can be asked about — and not. Fitzgerald warns of going off in “an irrelevant fishing expedition.”

Judge Walton says the question must be relevant to the issues before him.

Jeffress says he believes Miller cannot remember any other sources. That is obviously what he is trying to establish. Miller testified to the grand jury that she wondered how Wilson had come to write his article in the first place.

“How is challenging her in that regard relevant?” asks the judge.

Because it impeaches her ability to speak on the matter, Jeffress responds.

Walton wants to stick to the point — and not go far afield.

Jeffress says it if were not germane, why would it be in her affidavit?

Walton says he will make up his own mind in his own case as to what is germane.

Jeffress says Miller may be trying to protect other sources, and that may have been part of why she went to jail. More likely though is that she will say — if he is permitted to ask the question — that she just doesn’t remember. They are trying “classic impeachment” of the witness. “The very essence of her cross-examination is about her credibility.” It has nothing to do with the First Amendment.

Fitzgerald says if the trial becomes about Wilson’s op-ed — and its charges that the Bush Administration twisted intelligence to lead the nation into war. “If that’s what this trial is going to be about, we’re going to have to move in cots,” he notes.

Judge Walton decides to sleep on the matter and rule tomorrow — court adjourned.

Meanwhile, in closing, let me share the lyrics of a song that’s been running obsessively through my brain the last two days. I think it may be ‘relevant,” as the attorneys might phrase it…

Memories…
Like the corners of my mind
Misty water-colored memories
Of the way we were…

Can it be that it was all so simple then?
Or has time rewritten every line?
If we had the chance to do it all again
Tell me, would we, could we?

Memories may be beautiful and yet
What’s too painful to remember
We simply choose to forget…