Will James Risen Be Jailed? In Press Freedom Fight, NYT Reporter Tells Court He Won’t Name Source

[marmar]

Published on Jan 7, 2015

http://democracynow.org - In a closely watched press freedom case, New York Times investigative reporter James Risen was called to the witness stand Monday after a seven-year legal battle against the government’s attempts to subpoena him and force him to reveal his source. The hearing in Virginia took place ahead of the trial of former CIA officer Jeffrey Sterling, who is accused of giving Risen classified information which revealed a botched CIA plot to disrupt Iran’s nuclear program. It is unclear yet if Risen will be called to testify at Sterling’s trial. Without more information from Risen, Sterling’s defense attorney argues the case should be dismissed. We are joined by Matt Apuzzo, a colleague of Risen’s at The New York Times who is covering the case. During his previous stint with the Associated Press, Apuzzo and Adam Goldman won a Pulitzer Prize for their coverage of the NYPD’s Muslim surveillance program. The Department of Justice opened three separate investigations into leaks related to their reports.

[Jefferson23]

1. Highly recommend. n/t

[sabrina 1]

2. Not if we believe in the 1st Amendment. I'm seeing so much support for Freedom of Speech

here after the terrible murders in France, it gives me hope that Risen will receive the full support of all those who have been expressing their outrage over journalists being attacked simply for using their pens.

Rec and

[msanthrope]

3. He should be treated exactly as Judith Miller was, since the circumstances are exactly the same.

Mr. Sterling leaked details of our efforts to stop Iranian nuclear proliferation....in revenge for losing his lawsuit against the government.

[Octafish]

4. What kind of lawyer are you?

Corporate?

[marmar]

5. press freedom is so pre-january 2009, dontchaknow?

[msanthrope]

7. I hate to tell you this, but the germane case on this matter dates to 1972. And the Republic

has not fallen in the meantime.

Look---I thought Miller should go to jail, and I think Risen should, too.

[msanthrope]

6. Criminal defense. So when I read Mr. Risen's brief in the 4th that asked the court to treat him

differently than Judith Miller....I laughed.

[Octafish]

8. Thanks! Did you go over the First Amendment at Law School?

Seems that might be handy to know about in this case.

[msanthrope]

9. There is no First Amendment Right to avoid testifying in a criminal matter. See, Branzburg. nt

[Octafish]

10. So the State can ''override'' itself?

I respectfully disagree as it seems clear what the First Amendment says would "override" the government's claim:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

You can't have democracy if the people don't know the truth. You can't have a constitutional republic when the people don't know what's being done in their name or with their money, either.

[msanthrope]

11. What? Look, tell you what....here's the opinion on Risen's motion.....

http://www.ca4.uscourts.gov/opinions/published/115028.p.pdf

It explains why SCOTUS found no First Amendment right for a reporter to avoid testifying in a criminal trial. It also does a good job explaining why that circuit declined to introduce a common law right.

And here's what I tell everyone who quotes me Amendments.....

Look....it's been 200 years since those were written. That means 200 years of jurisprudence. Law. Decisions. These amendments are NOT absolute.

[Blue_Tires]

12. I thought Risen already negotiated a deal with DOJ

to not name the source under oath and just testify about other things??

http://www.thedailybeast.com/cheats/2014/12/12/nyt-reporter-won-t-have-to-reveal-source.html