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| Prosecutors suggest they will still subpoena New York Times reporter James Risen in leak case | Prosecutors suggest they will still subpoena New York Times reporter James Risen in leak case |
| (about 1 hour later) | |
| Federal prosecutors hinted Friday that they still intend to subpoena a New York Times reporter to testify in their case against a former CIA agent accused of being one of his sources — an action that could put them in the uncomfortable position of advocating for penalties against the respected journalist for doing his job. | Federal prosecutors hinted Friday that they still intend to subpoena a New York Times reporter to testify in their case against a former CIA agent accused of being one of his sources — an action that could put them in the uncomfortable position of advocating for penalties against the respected journalist for doing his job. |
| Assistant U.S. Attorney James Trump said in court that the “prosecutors’ end” of the subpoena process was “nearly complete,” but they still needed to comply with new Justice Department guidelines governing investigations involving media members. Trump said those guidelines now require approvals from the director of national intelligence and the attorney general before such cases can proceed — a process which he estimated would take “a few weeks.” | Assistant U.S. Attorney James Trump said in court that the “prosecutors’ end” of the subpoena process was “nearly complete,” but they still needed to comply with new Justice Department guidelines governing investigations involving media members. Trump said those guidelines now require approvals from the director of national intelligence and the attorney general before such cases can proceed — a process which he estimated would take “a few weeks.” |
| Trump said prosecutors also needed to know a date on which to call the reporter. | Trump said prosecutors also needed to know a date on which to call the reporter. |
| “Until we get a trial date, we can’t issue a subpoena,” Trump said. | “Until we get a trial date, we can’t issue a subpoena,” Trump said. |
| While Trump did not firmly commit to issuing a subpoena, his comments suggest another showdown is in the works with New York Times reporter James Risen. Risen fought a previous subpoena to testify in the case of former CIA agent Jeffrey Sterling all the way to the Supreme Court, which declined to intervene after a lower court said Risen and other reporters could be compelled to reveal their anonymous sources in leak cases. | While Trump did not firmly commit to issuing a subpoena, his comments suggest another showdown is in the works with New York Times reporter James Risen. Risen fought a previous subpoena to testify in the case of former CIA agent Jeffrey Sterling all the way to the Supreme Court, which declined to intervene after a lower court said Risen and other reporters could be compelled to reveal their anonymous sources in leak cases. |
| Sterling, a former CIA agent who was assigned to a classified program meant to impede Iran’s efforts to acquire nuclear weapons, was indicted in 2010 for unauthorized retention and communication of national defense information, obstruction of justice and other counts. He is accused of being a source for Risen’s book, “State of War.” His case, though, has stalled — in large part because of Risen’s court battles. | Sterling, a former CIA agent who was assigned to a classified program meant to impede Iran’s efforts to acquire nuclear weapons, was indicted in 2010 for unauthorized retention and communication of national defense information, obstruction of justice and other counts. He is accused of being a source for Risen’s book, “State of War.” His case, though, has stalled — in large part because of Risen’s court battles. |
| U.S. District Judge Leonie Brinkema on Friday scheduled jury selection in Sterling’s trial to begin on Jan. 8, with actual arguments and testimony starting on Jan. 14. | U.S. District Judge Leonie Brinkema on Friday scheduled jury selection in Sterling’s trial to begin on Jan. 8, with actual arguments and testimony starting on Jan. 14. |
| The case is one that is fraught with intrigue, especially for those in media circles. Risen has vowed to go to prison rather than testify, though Attorney General Eric Holder has hinted that is an outcome he intends to avoid. If Risen refuses to comply with the subpoena, prosecutors could ask that he be jailed for contempt or penalized in some other way. | The case is one that is fraught with intrigue, especially for those in media circles. Risen has vowed to go to prison rather than testify, though Attorney General Eric Holder has hinted that is an outcome he intends to avoid. If Risen refuses to comply with the subpoena, prosecutors could ask that he be jailed for contempt or penalized in some other way. |
| Sterling’s attorneys have pressed prosecutors to reveal their intentions with Risen — who the government has claimed is a crucial witness — saying they need to know what will happen to the journalist as they prepare to defend their own client. | Sterling’s attorneys have pressed prosecutors to reveal their intentions with Risen — who the government has claimed is a crucial witness — saying they need to know what will happen to the journalist as they prepare to defend their own client. |
| Brinkema also pressed Trump about Risen Friday, saying she “would think the Risen matter needs to get addressed as quickly as possible” and urging the assistant U.S. attorney to “get that subpoena out as soon as possible, if you’re going to issue a subpoena.” | Brinkema also pressed Trump about Risen Friday, saying she “would think the Risen matter needs to get addressed as quickly as possible” and urging the assistant U.S. attorney to “get that subpoena out as soon as possible, if you’re going to issue a subpoena.” |
| Trump acknowledged that “there will be issues that will come up with respect to” Risen, but he said he could not speak for what actions the reporter’s attorneys might take. He said he would call those attorneys to see about scheduling a hearing related to the journalist — likely in December. Trump offered no hint as to what penalties prosecutors would seek if Risen refused to testify. | Trump acknowledged that “there will be issues that will come up with respect to” Risen, but he said he could not speak for what actions the reporter’s attorneys might take. He said he would call those attorneys to see about scheduling a hearing related to the journalist — likely in December. Trump offered no hint as to what penalties prosecutors would seek if Risen refused to testify. |
| Trump, U.S. Attorney Dana Boente and a Justice Department spokesman declined to comment beyond what was said at the hearing. | |
| Sterling’s attorneys said the next step would be to see whether prosecutors actually subpoena Risen. Risen’s attorney could not immediately be reached for comment. | Sterling’s attorneys said the next step would be to see whether prosecutors actually subpoena Risen. Risen’s attorney could not immediately be reached for comment. |