The Fourth Circuit Court of Appeals says in a 2-to-1 decision that New York Times reporter James Risen must testify at former CIA Agent Jeffrey Sterling’s espionage trial.
The common-law “media shield” is at the center of the controversy.
Federal prosecutors accuse Sterling of leaking sensitive, classified information about a covert operation involving Iran’s nuclear program to Risen.
Sterling faces ten counts, including unauthorized conveyance of government property, mail fraud and obstruction of justice. Prosecutors claim that Sterling gave information to James Risen that was published in Risen’s book, State of War.
The Court opinion that was published today claims that Sterling “may have done so [leaked the information] in retaliation for the CIA’s decision to terminate his employment and to interfere with his efforts to publish such classified information in his personal memoirs.”
Today’s decision means that reporters do not have any special privilege that would prevent them from testifying at a trial.
“The reporter must appear and give testimony just as every other citizen must. We are not at liberty to conclude otherwise,” the court decision says .
Eric Holder, of the Department of Justice, wants to pass new legislation that would protect media outlets.
“While these reforms will make a meaningful difference, there are additional protections that only Congress can provide. For that reason, we continue to support the passage of media shield legislation,” Holder said in a press release .
Image: By Geoff Livingston via Wikimedia Commons