What Judy forgot: Your right to know

THE MOST intriguing revelation of Special Prosecutor Patrick J. Fitzgerald's news conference last week was his assertion that he would have presented his indictment of I. Lewis "Scooter" Libby a year ago if not for the intransigence of reporters who refused to testify before the grand jury. He said that without that delay, "we would have been here in October 2004 instead of October 2005."

Had that been the case, John Kerry probably would be president of the United States today.

Surely a sufficient number of swing voters in the very tight race would have been outraged to learn weeks before the 2004 election that, according to this indictment, Vice President Dick Cheney's chief of staff -- a key member of the White House team that made the fraudulent case for invading Iraq -- "did knowingly and corruptly endeavor to influence, obstruct and impede the due administration of justice."

It is deeply disturbing that the public was left uninformed about such key information because of the posturing of news organizations that claimed to be upholding the free-press guarantee of the 1st Amendment. As Fitzgerald rightly pointed out, "I was not looking for a 1st Amendment showdown." Nor was one necessary, if reporters had fulfilled their obligation to inform the public, as well as the grand jury, as to what they knew of a possible crime by a government official.

How odd for the press to invoke the Constitution's prohibition against governmental abridgement of the rights of a free press in a situation in which a top White House official exploited reporters in an attempt to abridge an individual's right to free speech.

The spirit of a law is more important than the letter, but the reporters who fought to avoid testifying to the grand jury in the investigation that snared Libby upheld neither. They were acting as knowing accomplices to a top White House official's attempt to discredit a whistle-blower.

As the indictment makes clear, this was a case in which the reporters had direct knowledge relevant to the commission of a crime perpetrated by at least one top administration aide. "They're the eyewitness to the crime," Fitzgerald said.