Judge Withdraws Threat as Reporter Pleads the Fifth in Spy Leak Probe(Bill Gertz)

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Source: NYSun

Judge Withdraws Threat as Reporter Pleads the Fifth in Spy Leak Probe
By JOSH GERSTEIN, Staff Reporter of the Sun | July 24, 2008

SANTA ANA, Calif. — A federal judge withdrew his threat to order a prominent reporter on the national security beat to identify his confidential sources after the journalist took the Fifth Amendment in a surprise-filled hearing here this morning.

Judge Cormac Carney excused William Gertz of the Washington Times from further proceedings here after he repeatedly invoked his constitutional right against self-incrimination in response to questions from the judge and a defense attorney. Mr. Gertz's refusal came after a federal prosecutor advised the journalist's lawyers that he would be called before a grand jury investigating leaks of classified information.

Judge Carney said Mr. Gertz's reporting on a Chinese espionage case relied in part on improper leaks of secret grand jury information. However, the judge said the public's interest in unfettered reporting outweighed the interest in forcing the journalist to identify the leakers, at least in the current proceeding.

A Justice Department prosecutor assigned to investigate the leaks, Jay Bratt, said he was not authorized to participate in the hearing, which he said implicated separation of powers issues by intruding on the threatened grand jury investigation into the leaks. As the questioning of Mr. Gertz began, Mr. Bratt went so far as to absent himself from the courtroom. He returned a short time later and took a seat in the gallery.



Read more: http://www.nysun.com/national/judge-withdraws-threat-as-reporter-pleads-the-5th/82575/