[oceanview]

but the flipside is also true - if the prosecutors needed testimony from members of the media as part of "proving the crime", and they can't get it because some new right is asserted by the reporter witnesses - what are they supposed to do?

[colorado tanker]

I agree with you. If the prosecutor thinks he can prove the underlying crime and needs reporter testimony to make his case, the reporters must testify. There is no reporter/source privilege in federal court.

One aspect of this that I've seen little written about is that there is an exception to the attorney/client privilege and most other privileges, which is the "crime/fraud" exception. Most privileges do not apply if the testify would go to showing a crime or fraud has been committed.