Cahill Represents Pulitzer Prize-Winning Author in Reporter’s Privilege Dispute
A team of Cahill litigators successfully represented Pulitzer Prize-winning The New York Times journalist and book author James Risen in seeking to quash a trial subpoena requiring testimony on the confidential sources used for his book State of War. The subpoena was issued in connection with a criminal trial in the United States District Court for the Eastern District of Virginia. Mr. Risen moved to quash the subpoena, and opposed the Government's motion in limine to admit the testimony, on the grounds that the information sought is protected by the reporter’s privilege arising under the First Amendment and/or federal common law.
Recognizing the reporter's privilege, the Court granted Mr. Risen's motion in large part and limited the scope of his testimony to authenticating his prior reporting as accurate without disclosing his source(s), which he had offered to do. The Government has appealed the Court’s order and oral argument was held on May 18, 2012.