June 27, 2005 | The Supreme Court rejected appeals Monday from two
journalists (New York Times reporter Judith Miller and Time Magazine
reporter Matt Cooper) who have refused to testify before a grand jury about
the leak of an undercover CIA officer's identity. The cases asked the court
to revisit an issue that it last dealt with more than 30 years ago - whether
reporters can be jailed or fined for refusing to identify their sources.
(Photo: Susan Walsh / AP)

http://www.truthout.org/docs_2005/062705J.shtml
Supreme Court Rejects Appeal by Journalists in Plame CIA Leak Case
The Associated Press
Monday 27 June 2005
Washington - The Supreme Court rejected appeals Monday from two journalists
who have refused to testify before a grand jury about the leak of an
undercover CIA officer's identity.
The cases asked the court to revisit an issue that it last dealt with more
than 30 years ago -- whether reporters can be jailed or fined for refusing
to identify their sources.
The justices' intervention had been sought by 34 states and many news
groups, all arguing that confidentiality is important in news gathering.
"Important information will be lost to the public if journalists cannot
reliably promise anonymity to sources," news organizations including The
Associated Press told justices in court papers.
Time magazine's Matthew Cooper and The New York Times' Judith Miller, who
filed the appeals, face up to 18 months in jail for refusing to reveal
sources as part of an investigation into who divulged the name of CIA
officer Valerie Plame.
Plame's name was first made public in 2003 by columnist Robert Novak, who
cited unidentified senior Bush administration officials for the information.
The column appeared after Plame's husband, former Ambassador Joseph Wilson,
wrote a newspaper opinion piece criticizing the Bush administration's claim
that Iraq sought uranium in Niger.
Disclosure of an undercover intelligence officer's identity can be a federal
crime and a government investigation is in its second year. No charges have
been brought.
U.S. Attorney Patrick Fitzgerald of Chicago, the special counsel handling
the probe, told justices that the only unfinished business is testimony from
Cooper and Miller.
Cooper reported on Plame, while Miller gathered material for an article
about the intelligence officer but never wrote a story.
A federal judge held the reporters in contempt last fall, and an appeals
court rejected their argument that the First Amendment shielded them from
revealing their sources in the federal criminal proceeding.
Every state but Wyoming recognizes reporters' rights to protect their
confidential sources of information, justices were told in a brief filed on
behalf of 34 states, and without those privileges "reporters in those states
would find their newsgathering abilities compromised, and citizens would
find themselves far less able to make informed political, social and
economic choices."
But Fitzgerald said in his own filing that the federal government is
different. "Local jurisdictions do not have responsibility for investigating
crimes implicating national security, and reason and experience strongly
counsel against adoption of an absolute reporter's privilege in the federal
courts," he said.
In the last journalist source case at the Supreme, the 1972 Branzburg v.
Hayes, a divided court ruled against Louisville, Ky., reporter who had
written a story about drug trafficking and was called to testify about it.
Justices said that requiring journalists to reveal information to grand
juries served a "compelling" state interest and did not violate the First
Amendment.
That decision has been interpreted differently and clarification is needed
because dozens of reporters around the country have been subpoenaed over the
past two years, said Washington lawyer Miguel Estrada, representing Time
magazine.
The cases are Miller v. United States, 04-1507, and Cooper v. United States,
04-1508.
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http://disc.yourwebapps.com/Indices/149495.html
U.S. top court refuses to hear appeals from reporters facing jail for
defying subpoenas (AP) - WASHINGTON-The U.S Supreme Court rejected appeals
Monday from two journalists who face jail for refusing to testify about the
leak of an undercover CIA officer's identity.
http://news.findlaw.com/ap/o/51/06-27-2005/a473000af8d4bb93.html
Supreme Court won't hear CIA leak case
Pioneer Press, MN - 26 minutes ago
... The New York Times and Matthew Cooper of Time magazine in contempt of
court for refusing to reveal their sources in a leak probe involving CIA
officer Valerie ...
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