judith miller went to prison. and we will have judith on this program tomorrow. brit, do you believe every reporter violates national security laws, he or she should be charged? >> it depends on how the violation occurred. if the report of a leak of classified information and wrote a story about it on the story was published, i doubt very seriously that under the first amendment, a reporter could be or would be successfully prosecuted. if, however, the reporter were to come by the leak by a burglary or otherwise some kind of theft or other crime, that would be a different matter entirely. the mere act of publishing or reporting i think is protected by the first amendment, which is why, as comey said, there hasn't been a prosecution. judith miller come by the way, as i recall, she'll obviously know this better than i, of course, she went to jail for refusing to reveal her sources. that is a different matter entirely. she wasn't prosecuted for her reporting. >> bill: it is and it isn't. that's right. she was prosecuted because she wouldn't say who broke the law. an

judith miller joins us now. so, why, if you didn't write about her, and you didn't come a correct?not a word. >> bill: how did the grand jury subpoena you to appear? >> there was a special prosecutor in this case and they wanted to ask every one, who were the sources, who leaked the name, i knew i couldn't protect my sources, i couldn't get it for you >> bill: you were on the national security beat? for special prosecutor, who was it again? >> patrick fitzgerald, james comey's good friend. it >> bill: he was after scooter libby, the chief of str the vice president of the time . now, you got caught up, even though you didn't write about it, and the grand jury said to you, okay, did anybody talk to you about valerie plame, that was the question? >> i couldn't appear before the grand jury, the judges said do you have to talk to the grand jury and i said i can't wait >> bill: you didn't go and? he refused as it before the grand jury. that is why you got sentenced to jail. why didn't you just said before the grand jury and say, i can't tell you? wide didn't you do that? >> i didn't want

judith miller, i mean, is so partisan. it's just so easy to tell. and who was saying that today on -- oh, it was neil cavuto. it's easy to tell. here are these amazingly positive things that have come out of the trump administration before he's even president. he's got a boom going, economic boom, and companies coming in and jobs being created, and we're going to take care of a really serious problem which is the flood into our country of illegals among whom are a large number, hundreds of thousands of criminals who prey on americans. and trump is -- when in the history of this country has a president come in, and the first thing he does is he gets up at 5:30 in the morning every day, goes to bed at 12 and this between fulfills his campaign promises? how does that happen? [applause] so if you have a journalist who recognizes and reports the good things and then has critical things, okay, you may not agree with it, but it's fair-minded, and they should get questions. the others they should just kick out of the press room. i don't care. laugh i mean,

bill, you were incorrect with your discussion with judith miller, freedom of the press is sacrosanct, to the nation was at the hands of the leaker, i agree, so why am i incorrect? in my discussion with judith i raised the question of my journalist publishes something that could get a person killed, they should not publish it. freedom can be abused. dan everett mercer island washington, senator feinstein is correct, the constitution is a living document and can change. if >> bill: but not by a judge's order, only buy votes the senator wants judges to rule and political beliefs, that's what her evolution is all about and it's wrong. sorry that he's too politically incorrect for your taste much of a snowflake you are. what you're drinking down there, if you think i'm a snowflake, you're going to need more than just a book. ken mcdonald canada, i watch the factor daily it's more interesting than canadian politics. on "the o'reilly factor" logo there is a number 20 what does it stand for? we've been on the air more than 20 years, glad you caught up with us. bill, i teach eighth grade socia

i would argue, for example, some people say that judith miller's reporting on the weapons of mass destruction was fake news. it wasn't. she made a horrible mistake. but the guy that deirdre mentioned, this is fake news, and it is very profitable. we decided we would take one story within a meeting and i got the assignment to take one story and trace it all the way back. one fake news story that got a lot of attention. in this case, it was the story of an fbi agent dead in an apparent murder suicide, and supposedly this fbi agent had been investigating hillary clinton's emails. it the implication was that was in connection to -- if you know something about the alt-right conspiracy theories about the clintons, they murder people often. this appeared on a site called "the denver guardian, which -- site called "the denver guardian" which appears to be a reputable site but is not. it was initially not that easy to find, because usually you can go to godaddy, and discover that there is a website, somebody owns the domain name. i hired somebody to basically look at the internet a bit like a paleonto

so i would argue, for example, some people said judith is miller is reporting on fake news. it wasn't fake news. she made a horrible, i mean horrible mistake. but the guy that mentioned that i found, that's, this is real fake news and it's very profitable. we decided we would take one sto story. this was in a meeting and trace it all the way back. one fake news story that got a lot of attention and this case, apparent murder/suicide and this investigating, hillary clinton's e-mails. and so the implication is that if you know something about the alt right conspiracy theories, they murder people. this appeared on the site called "the denver guardian." it sounded like a legitimate site, it was not. trying to find, who was this that was behind this? it was initially not that easy because you can go to godaddy and that web site is somebody who owns the domain name. i enlisted a smart techie to look at the internet like a paleontologist like looking for fossils. we got a name, an address. i decided the best thing to do is to go knock on his door. it turned out he was in huntington

brian: judith miller. >> in order to get her to change her testimony. think about that.ing that wasn't even true. so you have to be -- i think the trump administration has to be much more cautious and frankly has to have much more aggressive legal strategy because these things grow and grow and grow, and i think as laura ingram said earlier on your show when i was listening to it, the left wants to destroy trump. this is not a grame. the left wants to destroy trump. they had enormous support inside the justice department for hillary clinton, these are hard line liberals, they want to work a justice because of their liberal beliefs. if they find a way to weaken the administration, which is exactly what was happening with scooter libby, he had nothing to do with the original case, but he was dick cheney's chief of staff, and they wanted to get to cheney. i worry about comey -- brian: how does it get bigger -- but how does it get bigger than the fbi investigation? it's going to get too big for them, and they need a grand jury. >> well, i'm just telling you having watched th