Josh Gerstein
Politico
4/25/2014
The Obama Administration is urging the Supreme Court not to take up New York Times reporter James Risen’s plea to consider overturning a ruling that he must testify about his confidential sources for his reporting about a Central Intelligence Agency effort to undermine Iran’s nuclear program.
In a filing Friday afternoon, the Justice Department urged the court not to take up the opportunity to declare a reporter’s privilege against testifying in criminal cases and argued that even if the justices are inclined to consider such a privilege, Risen’s situation is not a good one in which to do so.
“While the question presented does not warrant this court’s review, this case is a particularly unsuitable vehicle,” the government declares in its new brief (posted here)…
…If the Supreme Court does not take up Risen’s appeal, he could be held in contempt in district court and might be sent to jail or fined if he refuses to identify his sources or testify about other details of his reporting. He has said repeatedly that he will not divulge details about his sources. That could place President Barack Obama in the awkward position of presiding over the jailing of a journalist in an administration the president has vowed to make the most transparent in history…
…More than 20 news organizations and press groups have signed onto an amicus brief urging the justices to take up Risen’s petition and make clear the existence of a reporter’s privilege…
The complete article is at Politico.
