What is it with D.C. federal judges and their inappropriate extra—judicial statements? We have already noted the unseemliness, not to say unethical behavior, of FISA Court Judges speaking to reporters about matters before them.  Now we have Judge Hogan of the U.S. Court of Appeals panel which sent Judith Miller to jail for refusing to reveal her conversation with Lewis Libby. Quote:

Miller wasn't an innocent bystander, Hogan said. "She was an actor in the commission of a crime," he said. "She was part of the transfer of information that was a crime."

If this comment of his doesn't indicate a prejudgement  of a pending criminal matter, nothing does.

Judge Hogan may have misspoken or been misquoted. I hope so. But contrary to the oft—repeated lie in the press, encouraged by Patrick Fitzgerald's misleading and prejudicial press conference when he announced the indictment, this case does not charge anyone with leaking classified information.

Clarice Feldman   5 02 06