Reporters go to appeals court to avoid jail in leak case

[Judi Lynn]

Reporters go to appeals court to avoid jail in leak case
JENNIFER C. KERR, Associated Press Writer

Wednesday, December 8, 2004


(12-08) 16:57 PST WASHINGTON (AP) --

Federal prosecutors said Wednesday journalists have limited legal protection while a lawyer for two reporters who could go to jail for refusing to divulge their sources argued for a broader interpretation of the Constitution.

"There is a level of legal protection," lawyer Floyd Abrams told a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

Abrams represents Time magazine's Matthew Cooper and Judith Miller of The New York Times, who have been subpoenaed in the grand jury investigation into the leak of an undercover CIA officer's name.

In October, the reporters were held in contempt by a federal judge for refusing to disclose their confidential sources. Both reporters face up to 18 months in jail pending the outcome of their appeal.

Assistant U.S. attorney James Fleissner argued that a First Amendment protection exists for journalists, but only in a "very, very narrow" way. It applies, he argued, in cases where there has been intimidation or bad faith investigations -- and not in the case of Miller and Cooper.
(snip/...)

http://sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/12/08/national1842EST0744.DTL

[KansDem]

1. I don't understand...

Weren't Novak and other reporters who leaked this information an important part of the crime? Without them, the "crime" would not have occurred.

It's not as if they are using confidential sources to report on corruption as interested third parties. As I understand it, the crime is publicly revealing the identification of a CIA officer, and they used their influence in the media to achieve this. Does this not make them suspects?

I just don't see how they can hide behind the First Amendment on this one...

[Bigmack]

2. First Amendment.....

... protecting sources... journalistic ethics.... BULL SHIT!

I just wanna see Novak in the Grayrock Hotel, rooming with a sweaty, cruel man who thinks he's cute!

[Thor_MN]

3. Anyone who thinks that Nofacts is cute would be in a state hospital...

Then again, the fact that he has removable dentures might make him cuter to some......

[kcass1954]

4. Two issues here

First, I never read what Matt Cooper wrote about Novak's outing of Valerie Plame. But he has chosen not to reveal the identities of his sources, which I firmly believe should be his right.

The other is that Judith Miller never wrote about the outing. I don't understand why she's even been included, unless this is payback to NYT for their story about the tubes.