When to Give Up a Source
Sun Jul 3, 2005 15:06
64.140.158.86
When to Give Up a Source
TIME -
That's why so many were surprised last week when Norman Pearlstine, editor-in-chief of TIME Inc., said he would reveal some confidential information about a big story. In a case involving TIME Magazine White ...
Rove denies outing CIA agent Houston Chronicle
Bad choice: Giving up source or giving up freedom The Decatur Daily
The Moderate Voice - NorthJersey.com - The Argus - Santa Maria Times -
Magazine will surrender reporter's notes to grand jury
By Peter Johnson, USA TODAY
http://www.usatoday.com/life/2005-06-30-time-notes_x.htm
Time's Matthew Cooper leaves U.S. District Court in Washington on Wednesday.
WASHINGTON — Time magazine will hand over reporter Matt Cooper's notes to a federal judge today. The move was criticized by some media watchers and The New York Times, whose reporter Judith Miller faces jail, with Cooper, for refusing to divulge sources in a probe into the leak of a CIA officer's identity.
Time said in a statement that its decision, intended to keep Cooper out of jail, makes it unnecessary for him to testify and "removes any justification for incarceration."(Related: Legal documents in case)
Monday, the Supreme Court refused to hear appeals by Cooper and Miller. The two have been cited for contempt by U.S. District Court Judge Thomas Hogan as part of a grand jury investigation into the leak of undercover CIA agent Valerie Plame's name. On Wednesday, Cooper and Miller could be sentenced to 120 days.
The case pits reporter confidentiality against a prosecutor's need to investigate crimes. It follows several recent instances in which reporters were jailed or threatened with incarceration for not revealing their sources. Rhode Island TV reporter Jim Taricani recently served a term of home confinement for refusing to say who gave him an FBI surveillance video of a local politician taking a bribe. This week, four reporters were threatened with jail time for refusing to disclose their sources in the case of former nuclear scientist Wen Ho Lee.
According to Time, "the same Constitution that protects the freedom of the press requires obedience to final decisions of the courts and respect for their rulings and judgments."
In an interview, Time Inc. Editor in Chief Norman Pearlstine said handing over the notes is "an appropriate thing to do, having fought very hard" in court. "It wasn't about the size of the fine, even about Matt's going to jail, which he may still end up doing. But I could not make the distinction that said: We are somehow above the law. Now if that's caving, so be it."
Arthur Sulzberger Jr., publisher of The New York Times— where Miller, but not the paper, is party to the case — said that he was "deeply disappointed" by Time's move.
"We faced similar pressures in 1978 when both our reporter Myron Farber and the Times Co. were held in contempt of court for refusing to provide the names of confidential sources. Mr. Farber served 40 days in jail, and we were forced to pay significant fines," he said.
Paul Levinson, a Fordham University communications professor, said that although "humane reasons" — keeping Cooper out of jail — probably figured into Time's decision, it sends a "bad message" to the rest of the news media, especially smaller outlets with less editorial clout than Time.
"How is some local paper in a rural state going to find the courage to stand up to this kind of thing if Time doesn't have the courage?" he said.
Cooper said he would prefer that Time not hand over the notes, but he would understand if the magazine does.
Syndicated columnist Robert Novak, who in a 2003 article disclosed Plame's identity citing unnamed administration officials, has refused to discuss any details of the case. He told CNN on Wednesday that he will "reveal all" he knows after the matter is resolved. He also said he thinks it's wrong for the government to jail reporters.
Quinnipiac University professor Paul Janensch said Time acted correctly: "A news organization is not above the law."
Janensch was city editor of The Courier-Journal of Louisville when reporter Paul Branzburg refused to give a grand jury the names of drug users he interviewed for stories about the drug culture. That led to a historic 1972 ruling by the Supreme Court that Branzburg had to testify. But, by that time he had left the newspaper, and the local prosecutor declined to pursue the case.
Leak of Identity of CIA Operative Valerie Plame:
http://news.findlaw.com/legalnews/lit/iraq/documents.html
White House Counsel Alberto Gonzalez's Oct. 3, 2003 Memo to all
White House Employees About Deadline to Provide Documents to Counsel
http://news.findlaw.com/hdocs/docs/whouse/gonzalez100303email.html
n September 30, 2003, you received two memoranda from me directing you to preserve and maintain certain documents. In a letter received yesterday evening, the Department of Justice has requested that we provide those documents to prosecutors and FBI agents assigned to this investigation. To ensure compliance with the time deadlines imposed by the Department of Justice, you are directed to provide to the Counsel's Office, by no later than 5 p.m. on October 7, 2003, copies of the following documents, created during the time period February 1, 2002, through September 30, 2003, inclusive: 1. All documents that relate in any way to former U.S. Ambassador Joseph C. Wilson, his trip to Niger in February 2002, or his wife's purported relationship with the Central Intelligence Agency; and 2. All documents that relate in any way to a contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wife's purported relationship with the Central Intelligence Agency; and 3. All documents that relate in any way to a contact with any or all of the following: reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly on behalf of them. For purposes of this memorandum, the term "documents" includes "without limitation all electronic records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries" in the possession of the Executive Office of the President, its staff, or its employees, wherever located, including any documents that may have been archived in Records Management. However, at this time, you do not need to provide to Counsel's Office copies of the following, provided that they have not been marked upon in any way and are not accompanied by any notes or other commentary: (a) press clips or articles, whether in hard copy or e-mail or electronic form, or (b) either of the two memoranda I sent on September 30, 2003, regarding document preservation. You are also directed to complete and return the attached Certification by 5 p.m. on October 7, 2003. Note that you must complete the Certification whether or not you have responsive documents. All documents and Certifications should be hand-delivered to EEOB Room 214. Room 214 will be staffed from 2 p.m. to 8 p.m. today; from 9 a.m. to 6 p.m. on Saturday October 4 and Sunday October 5; from 8 a.m. to 11 p.m. on Monday October 6; and from 8 a.m. to 5 p.m. on Tuesday October 7. Appropriate procedures will be in place to handle classified documents. If you have any questions, please call Associate Counsels Ted Ullyot or Raul Yanes in the Counsel's Office. ALBERTO R. GONZALES COUNSEL TO THE PRESIDENT CERTIFICATION (To be returned by no later than 5 p.m. on October 7, 2003) I certify, to the best of my knowledge, that ____ I have produced to the Office of the Counsel to the President all documents in my possession that are required to be produced by the memorandum to which this Certification was attached. ____ I have no such documents. I further understand that this Certification is for purposes of a federal criminal investigation and that intentional false statements may result in criminal penalties or other sanctions. NAME (please print): SIGNATURE: DATE: OFFICE: PHONE NUMBER: Note: The attorneys in the Office of the Counsel to the President are attorneys for the President in his official capacity and are not private attorneys for anyone. The attorney-client privilege does not extend to communications by government employees to government attorneys, including attorneys in the Office of the Counsel to the President, when such communications are sought for a Federal criminal investigation. All documents and Certifications should be hand-delivered to EEOB Room 214
Document courtesy of Federation of American Scientists, appearing as part of collection
on White House Memos on Wilson/Plame Leak Investigation page.
Reprinted by Permission.
TIME -
That's why so many were surprised last week when Norman Pearlstine, editor-in-chief of TIME Inc., said he would reveal some confidential information about a big story. In a case involving TIME Magazine White ...
Rove denies outing CIA agent Houston Chronicle
Bad choice: Giving up source or giving up freedom The Decatur Daily
The Moderate Voice - NorthJersey.com - The Argus - Santa Maria Times -
Magazine will surrender reporter's notes to grand jury
By Peter Johnson, USA TODAY
http://www.usatoday.com/life/2005-06-30-time-notes_x.htm
Time's Matthew Cooper leaves U.S. District Court in Washington on Wednesday.
WASHINGTON — Time magazine will hand over reporter Matt Cooper's notes to a federal judge today. The move was criticized by some media watchers and The New York Times, whose reporter Judith Miller faces jail, with Cooper, for refusing to divulge sources in a probe into the leak of a CIA officer's identity.
Time said in a statement that its decision, intended to keep Cooper out of jail, makes it unnecessary for him to testify and "removes any justification for incarceration."(Related: Legal documents in case)
Monday, the Supreme Court refused to hear appeals by Cooper and Miller. The two have been cited for contempt by U.S. District Court Judge Thomas Hogan as part of a grand jury investigation into the leak of undercover CIA agent Valerie Plame's name. On Wednesday, Cooper and Miller could be sentenced to 120 days.
The case pits reporter confidentiality against a prosecutor's need to investigate crimes. It follows several recent instances in which reporters were jailed or threatened with incarceration for not revealing their sources. Rhode Island TV reporter Jim Taricani recently served a term of home confinement for refusing to say who gave him an FBI surveillance video of a local politician taking a bribe. This week, four reporters were threatened with jail time for refusing to disclose their sources in the case of former nuclear scientist Wen Ho Lee.
According to Time, "the same Constitution that protects the freedom of the press requires obedience to final decisions of the courts and respect for their rulings and judgments."
In an interview, Time Inc. Editor in Chief Norman Pearlstine said handing over the notes is "an appropriate thing to do, having fought very hard" in court. "It wasn't about the size of the fine, even about Matt's going to jail, which he may still end up doing. But I could not make the distinction that said: We are somehow above the law. Now if that's caving, so be it."
Arthur Sulzberger Jr., publisher of The New York Times— where Miller, but not the paper, is party to the case — said that he was "deeply disappointed" by Time's move.
"We faced similar pressures in 1978 when both our reporter Myron Farber and the Times Co. were held in contempt of court for refusing to provide the names of confidential sources. Mr. Farber served 40 days in jail, and we were forced to pay significant fines," he said.
Paul Levinson, a Fordham University communications professor, said that although "humane reasons" — keeping Cooper out of jail — probably figured into Time's decision, it sends a "bad message" to the rest of the news media, especially smaller outlets with less editorial clout than Time.
"How is some local paper in a rural state going to find the courage to stand up to this kind of thing if Time doesn't have the courage?" he said.
Cooper said he would prefer that Time not hand over the notes, but he would understand if the magazine does.
Syndicated columnist Robert Novak, who in a 2003 article disclosed Plame's identity citing unnamed administration officials, has refused to discuss any details of the case. He told CNN on Wednesday that he will "reveal all" he knows after the matter is resolved. He also said he thinks it's wrong for the government to jail reporters.
Quinnipiac University professor Paul Janensch said Time acted correctly: "A news organization is not above the law."
Janensch was city editor of The Courier-Journal of Louisville when reporter Paul Branzburg refused to give a grand jury the names of drug users he interviewed for stories about the drug culture. That led to a historic 1972 ruling by the Supreme Court that Branzburg had to testify. But, by that time he had left the newspaper, and the local prosecutor declined to pursue the case.
Leak of Identity of CIA Operative Valerie Plame:
http://news.findlaw.com/legalnews/lit/iraq/documents.html
White House Counsel Alberto Gonzalez's Oct. 3, 2003 Memo to all
White House Employees About Deadline to Provide Documents to Counsel
http://news.findlaw.com/hdocs/docs/whouse/gonzalez100303email.html
n September 30, 2003, you received two memoranda from me directing you to preserve and maintain certain documents. In a letter received yesterday evening, the Department of Justice has requested that we provide those documents to prosecutors and FBI agents assigned to this investigation. To ensure compliance with the time deadlines imposed by the Department of Justice, you are directed to provide to the Counsel's Office, by no later than 5 p.m. on October 7, 2003, copies of the following documents, created during the time period February 1, 2002, through September 30, 2003, inclusive: 1. All documents that relate in any way to former U.S. Ambassador Joseph C. Wilson, his trip to Niger in February 2002, or his wife's purported relationship with the Central Intelligence Agency; and 2. All documents that relate in any way to a contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wife's purported relationship with the Central Intelligence Agency; and 3. All documents that relate in any way to a contact with any or all of the following: reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly on behalf of them. For purposes of this memorandum, the term "documents" includes "without limitation all electronic records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries" in the possession of the Executive Office of the President, its staff, or its employees, wherever located, including any documents that may have been archived in Records Management. However, at this time, you do not need to provide to Counsel's Office copies of the following, provided that they have not been marked upon in any way and are not accompanied by any notes or other commentary: (a) press clips or articles, whether in hard copy or e-mail or electronic form, or (b) either of the two memoranda I sent on September 30, 2003, regarding document preservation. You are also directed to complete and return the attached Certification by 5 p.m. on October 7, 2003. Note that you must complete the Certification whether or not you have responsive documents. All documents and Certifications should be hand-delivered to EEOB Room 214. Room 214 will be staffed from 2 p.m. to 8 p.m. today; from 9 a.m. to 6 p.m. on Saturday October 4 and Sunday October 5; from 8 a.m. to 11 p.m. on Monday October 6; and from 8 a.m. to 5 p.m. on Tuesday October 7. Appropriate procedures will be in place to handle classified documents. If you have any questions, please call Associate Counsels Ted Ullyot or Raul Yanes in the Counsel's Office. ALBERTO R. GONZALES COUNSEL TO THE PRESIDENT CERTIFICATION (To be returned by no later than 5 p.m. on October 7, 2003) I certify, to the best of my knowledge, that ____ I have produced to the Office of the Counsel to the President all documents in my possession that are required to be produced by the memorandum to which this Certification was attached. ____ I have no such documents. I further understand that this Certification is for purposes of a federal criminal investigation and that intentional false statements may result in criminal penalties or other sanctions. NAME (please print): SIGNATURE: DATE: OFFICE: PHONE NUMBER: Note: The attorneys in the Office of the Counsel to the President are attorneys for the President in his official capacity and are not private attorneys for anyone. The attorney-client privilege does not extend to communications by government employees to government attorneys, including attorneys in the Office of the Counsel to the President, when such communications are sought for a Federal criminal investigation. All documents and Certifications should be hand-delivered to EEOB Room 214
Document courtesy of Federation of American Scientists, appearing as part of collection
on White House Memos on Wilson/Plame Leak Investigation page.
Reprinted by Permission.
- Bush Knew About Leak of CIA Operative's Name — Sun Jul 3 22:10
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