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Prosecutor in CIA Leak Case Demands Time Reporter Testify
AP ^ | July 5, 2005 | Pete Yost

Posted on 07/05/2005 11:16:02 AM PDT by summer

WASHINGTON (AP) -- A federal prosecutor on Tuesday demanded that Time magazine reporter Matthew Cooper testify before a grand jury investigating the leak of a CIA officer's identity, even though Time Inc. has surrendered e-mails and other documents in the probe.

Special Counsel Patrick Fitzgerald also opposed the request of Cooper and New York Times reporter Judith Miller to be granted home detention _ instead of jail _ for refusing to reveal their sources....

(Excerpt) Read more at ap.tbo.com ...


TOPICS: Front Page News; US: District of Columbia
KEYWORDS: cialeak; matthewcooper; patrickfitzgerald
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FYI.
1 posted on 07/05/2005 11:16:03 AM PDT by summer
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To: cyncooper

FYI.


2 posted on 07/05/2005 11:16:55 AM PDT by summer
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To: All
More from article:

Allowing the reporters home confinement would make it easier for them to continue to defy a court order to testify, he said. Special treatment for journalists may "negate the coercive effect contemplated by federal law," Fitzgerald wrote in filings with the court.s

"Journalists are not entitled to promise complete confidentiality - no one in America is," Fitzgerald wrote.

3 posted on 07/05/2005 11:18:47 AM PDT by summer
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To: summer

Does anyone know if Time was in anyway legally preventd from making public all the documents it turned over.


4 posted on 07/05/2005 11:19:11 AM PDT by ken5050
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To: Alberta's Child

See post #3 - you were right re No confidentiality.


5 posted on 07/05/2005 11:19:55 AM PDT by summer
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To: summer
On Friday, Cooper's lawyers argued against sending him to the D.C. jail, saying it is a "dangerous maximum security lockup already overcrowded with a mix of convicted offenders and other detainees awaiting criminal trials."

Keep your eye on the sparrow and don’t do the crime if you ain’t Robert Blake.

6 posted on 07/05/2005 11:21:24 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: summer

While I agree with the sentiment, he is incorrect as that husband-wives have confidentiality, attorney-clients have confidentiality, and I am unsure about priest-confessors but they may as well.


7 posted on 07/05/2005 11:21:51 AM PDT by mbraynard (Mustache Rides - Five Cents!)
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To: summer
Paging Lawrence O'Donnell, paging Lawrence O'Donnell

The Star Chamber is calling.

8 posted on 07/05/2005 11:24:02 AM PDT by mware ("God is dead" -- Nietzsche........ "Nope, you are"-- GOD)
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To: ken5050

Even though TIME was ordered to turn the docs over for the grand jury (and assuming the docs would stay sealed), they probably have no desire to make them public for the same reason they did not want to turn them over in the first place: to maintain source confidentiality. So even if no legal reason, they would probably hold them back anyway.


9 posted on 07/05/2005 11:24:56 AM PDT by NathanBookman
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To: summer

It seems that he saw through the sham of Time trying to finesse the info so that it would seem to point to Rove, when the truth is much different. Let's let Cooper tell the truth or face possible perjury.


10 posted on 07/05/2005 11:27:33 AM PDT by Socratic (Liberal's motto: Capio ergo sum.)
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To: summer

Well, he's not the judge is he?


11 posted on 07/05/2005 11:27:55 AM PDT by Run Silent Run Deep (PRAY FOR THOSE THAT HURT AND HATE US)
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To: mbraynard
Actually, he is corrected in a manner of speaking. No one is entitled to confidentiality, but those circumstances you mentioned are established by statute. In other words, the law has granted confidentiality in those cases, as they are recognized by tradition and practice as important considerations. Not trying to play with words here, but journalists are not protected by statute or tradition. Without the statues and case law that establishes this confidentiality, neither would husbands-wives or lawyers-clients be...
12 posted on 07/05/2005 11:28:24 AM PDT by Charles H. (The_r0nin) (Still teaching... or a reasonable facsimile thereof...)
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To: mbraynard

I thought that as well, but I think he meant in terms of news stories.


13 posted on 07/05/2005 11:28:55 AM PDT by summer
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To: small voice in the wilderness

I must say, it seems like this prosecutor is sticking to his guns and not backing down one bit. No deals, no nothing for these journalists. I am wondering if Lawrence Lassie O'Donnell will be hearing from this prosecutor soon as a result of Lassie O's antics this past weekend.


14 posted on 07/05/2005 11:30:02 AM PDT by summer
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To: summer; Shermy; Fedora; MizSterious; Howlin
More from article:

Allowing the reporters home confinement would make it easier for them to continue to defy a court order to testify, he said. Special treatment for journalists may "negate the coercive effect contemplated by federal law," Fitzgerald wrote in filings with the courts

That would have been a good spot for Yost to note that the unanimous Appeals Court ruling noted that any privilege that might exist does not apply in this case.

Of course, that would undermine his theme that an out of control prosecutor is trampling the rights of these reporters.

Thanks for the update. Pinging others.

15 posted on 07/05/2005 11:30:29 AM PDT by cyncooper
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Comment #16 Removed by Moderator

To: summer

http://www.legalaffairs.org/webexclusive/debateclub_cooper1204.msp


17 posted on 07/05/2005 11:31:18 AM PDT by tumblindice
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To: mware
You rang?


18 posted on 07/05/2005 11:32:23 AM PDT by STARWISE ( You get the govt. you deserve. CALL YOUR CONGRESS CRITTERS OFTEN -U.S. CONGRESS: 1-877-762-8762)
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To: summer
I am wondering if Lawrence Lassie O'Donnell will be hearing from this prosecutor soon as a result of Lassie O's antics this past weekend.

I suspect that is why he backpedaled on Drudge's rado show.

19 posted on 07/05/2005 11:32:41 AM PDT by mware ("God is dead" -- Nietzsche........ "Nope, you are"-- GOD)
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To: STARWISE

LOL, I love that photo.


20 posted on 07/05/2005 11:33:11 AM PDT by mware ("God is dead" -- Nietzsche........ "Nope, you are"-- GOD)
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