Wishful Thinking?

Today's Times writes, in relation to Judith Miller,

As of today, Judith Miller has spent more time behind bars to protect privileged information than any other New York Times journalist.

Except Miller appealed her case all the way up to the Supreme Court, and has been given the unequivocal answer that the communication at issue is not privileged. The Times can argue that she is taking a stand in defiance of the law as a matter of principle, and it can continue to lobby Congress to create a privilege, but it should not bandy about claims of privilege where it surely by now understand that none exists.