The U.S. Supreme Court announced Monday it will not hear an appeal by New York Times reporter James Risen, who has been subpoenaed to testify in a government leaks prosecution.
Risen could now face jail or fines if he refuses to testify.
Joel Kurtzberg, Risen’s attorney, said the ball is now in the government’s court. Risen was never held in contempt because the trial court initially ruled that he was protected by the reporter’s privilege and did not have to testify. An appellate court later reversed, and that decision now stands.
Therefore, the government will have to pursue Risen’s testimony again in trial court, Kurtzberg said.
“If they say they are going to do that, we will make clear that [Risen] is not going to testify and then there would have to be a contempt hearing,” Kurtzberg said.