I hate to say this, but this lays at the doorstep of Bush, because I think he's the one that gave final okay to try him as a civilian (I think).
But the good news is that reporter didn't have to testify. I think he may have been a gov't agent and that's why we gave Johnny Boy an easy plea bargain.
How so? According to the story they got the guy to flip (not surprising, given that he is, by all accounts, an over-privileged flakeout case who suddenly found himself confronting some harsh consequences).