Reporters Must Testify In Plame Case

[Nbadan]

Court: Reporters Must Testify in Plame Case
Compiled From Staff and Wire Reports
Tuesday, February 15, 2005; 10:22 AM

A U.S. appeals court ruled Tuesday that two journalists must testify before a federal grand jury about their confidential sources in an investigation into a leak that exposed the iden y of a covert CIA officer Valerie Plame.

The three-judge panel ruled that New York Times reporter Judith Miller and Matthew Cooper of Time Magazine must comply with a subpoena from a grand jury investigating whether the Bush administration illegally leaked the agent's name to the news media.

"There is no First Amendment privilege protecting the evidence sought," Judge David Sentelle wrote in the opinion that went against the two journalists. The decision upheld a ruling by a federal judge that Miller and Cooper were in contempt of court and should be jailed for refusing to testify about their confidential sources.

Plame's name was published by syndicated columnist Robert D. Novak in July 2003.

Washington Post

I wonder why they haven't subpoenaed Robert Novak yet?

The First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury subpoena and answer questions relevant to a criminal investigation, and therefore the Amendment does not afford him a cons utional testimonial privilege for an agreement he makes to conceal facts relevant to a grand jury's investigation of a crime or to conceal the criminal conduct of his source or evidence thereof.

Case Law

"Today's decision strikes a heavy blow against the public's right to be informed about its government," Abrams said in a statement.

- Floyd Abrams

I would like to be informed about my government, I would like to know who in my government committed the criminal act of exposing a clandestine CIA operative for purely political gain.

[Clandestino]

this is good! hopefully it will prevent some of our nations secrets from leaking out...