Subpoena gallery
From the Fall 2004 issue of The News Media & The Law, page 6.
The ability of journalists to protect their confidential sources or work product is being challenged in six federal cases. Similar cases could exist, veiled by grand jury secrecy rules. For more information about these cases please visit www.rcfp.org.
Valerie Plame Investigation — Grand jury investigation into whether White House officials leaked the identity of undercover CIA operative Valerie Plame to the media. Syndicated columnist Robert Novak first published her identity in July 2003 citing two unidentified senior administration officials. Later publications claimed that administration sources had shopped the story to other journalists who chose not to publish it. Special prosecutor Patrick J. Fitzgerald has subpoenaed at least five journalists in the investigation.
• Robert Novak, columnist, Creators Syndicate. Refused to say whether he has been subpoenaed or has testified.
• Glenn Kessler, The Washington Post. Gave a deposition June 22 about conversations with Lewis “Scooter” Libby, Vice President Cheney’s chief of staff.
• Matthew Cooper, Time magazine. Held in contempt Aug. 6. Gave a deposition about conversations with Libby, who waived confidentiality. Subpoenaed again, held in contempt again Oct. 13. $1,000-a-day fine, jail sentence; stayed pending appeal.
• Tim Russert, NBC. Gave a deposition Aug. 7 about a conversation with Libby after losing bid to challenge subpoena.
• Walter Pincus, The Washington Post. Gave a deposition Sept. 16 with an unnamed source’s permission. Refused to name source who had already identified him or herself.
• Judith Miller, The New York Times. Has not testified. Held in contempt Oct. 7. $1,000-a-day fine, jail sentence; stayed pending appeal.
Lynne Stewart — Trial of New York defense attorney Lynne Stewart for aiding terrorism by publicizing a client’s statement against court orders. Federal prosecutors subpoenaed four reporters; one testified before the prosecution rested its case. Judge John Koetel of the U.S. District Court in New York permitted the limited testimony as a “last resort.”
• Esmat Salaheddin, Reuters. Testified Sept. 13 about the accuracy of published stories.
• Patricia Hurtado, Newsday. Prosecutors dropped her subpoena after she argued that it would interfere with her ability to cover the trial as a court reporter.
• Joseph Fried, The New York Times. Subpoenaed. Not called to testify.
• George Packer, freelancer for The New York Times. Subpoenaed. Not called to testify.
Wen Ho Lee Civil Suit — Former Los Alamos nuclear scientist Wen Ho Lee’s Privacy Act suit against two federal agencies for leaks to the media about a now-refuted espionage investigation of Lee. Five reporters held in contempt Aug. 18 for refusing to testify about their sources. A sixth reporter subpoenaed, but has not yet been cited with contempt.
•Robert Drogin, Los Angeles Times. Held in contempt, $500-a-day fine stayed pending appeal.
• H. Josef Hebert, Associated Press. Held in contempt, $500-a-day fine stayed pending appeal.
• Jeff Gerth, The New York Times. Held in contempt, $500-a-day fine stayed pending appeal.
• James Risen, The New York Times. Held in contempt, $500-a-day fine stayed pending appeal.
• Pierre Thomas, formerly CNN, now ABC News. Held in contempt, $500-a-day fine stayed pending appeal.
• Walter Pincus, The Washington Post. Subpoenaed but refused to disclose sources. Judge ordered him to testify. Not yet held in contempt.
Providence, R.I. — Grand jury investigation into allegations of corruption involving Providence, R.I., officials. Marc DeSito, a private attorney appointed as a special prosecutor to investigate leaks from the grand jury, subpoenaed investigative reporter Jim Taricani of WJAR television to testify. Taricani refused; held in contempt.
• Jim Taricani, WJAR-TV, Providence, R.I. His $1,000-a-day fine for refusing to reveal a confidential source has topped $75,000.
Global Relief Foundation — Chicago grand jury investigation into the leak of a planned FBI raid on an Islamic charity suspected of funding terrorism. Representatives of the charity have said they were tipped off by reporters calling for comment before the raid. U.S. Attorney Patrick J. Fitzgerald subpoenaed the telephone records of two New York Times reporters. It is unknown whether he has obtained the records. The Times filed a lawsuit Sept. 28 to block the subpoena.
• Judith Miller, The New York Times. Filed a lawsuit to block subpoena of her phone records.
• Philip Shenon, The New York Times. Filed a lawsuit to block subpoena of his phone records.
BALCO — San Francisco grand jury investigation into alleged illegal steroid distribution by BALCO — Bay Area Laboratory Co-operative — a nutritional supplement company. After repeated leaks of confidential information, federal prosecutors asked five reporters to return leaked materials and disclose their confidential sources. All declined. As of late October, no subpoenas have been issued.
• Sean Webby, San Jose Mercury News. Received a letter requesting the identity of confidential sources Aug 25; declined to cooperate.
• Elliot Almond, San Jose Mercury News. Received a letter requesting the identity of confidential sources Aug 25; declined to cooperate.
• Henry Lee, San Francisco Chronicle. Received a letter requesting the identity of confidential sources July 28; declined to cooperate.
• Lance Williams, San Francisco Chronicle. Received a letter requesting the identity of confidential sources July 29; declined to cooperate.
• Mark Fainaru-Wada, San Francisco Chronicle. Received a letter requesting the identity of confidential sources July 29; declined to cooperate.