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Move to Quash Risen Subpoeana

Benjamin Wittes
Wednesday, June 22, 2011, 7:20 AM
The invaluable Steve Aftergood, over at Secrecy News, is reporting:
Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of former CIA officer Jeffrey Sterling, who is accused of leaking classified information to Mr.

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The invaluable Steve Aftergood, over at Secrecy News, is reporting:
Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of former CIA officer Jeffrey Sterling, who is accused of leaking classified information to Mr. Risen. “Because the information sought by the Government is protected by the reporter’s privilege under the First Amendment and federal common law, and the subpoena is part of an effort to harass and retaliate against Mr. Risen for writing things that were critical of the government, Mr. Risen respectfully requests that the Court … grant Mr. Risen’s motion to quash the grand jury subpoena and/or for a protective order,” attorney Peter K. Stackhouse wrote (pdf). . . . The Risen pleading, portions of which were filed under seal, was accompanied by hundreds of pages of exhibits and attachments (large pdf), including declarations filed in support of Mr. Risen in 2008 by journalists Scott Armstrong, Carl Bernstein, Jack Nelson, and Dana Priest, and historian Anna Nelson. In a separate response (pdf), attorneys for Mr. Sterling also opposed the government’s motion to subpoena Mr. Risen. A court hearing on the subpoena and the motion to quash is scheduled for July 7, 2011 in the U.S. District Court for the Eastern District of Virginia.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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