Times Reporter Will Not Be Called to Testify in Leak Case

The New York Times

Times Reporter Will Not Be Called to Testify in Leak Case

Mr. Risen moved to quash the subpoena on the grounds that the information sought was protected by the reporter’s privilege under the First Amendment and/or federal common law. The district court granted Mr. Risen's motion and limited his testimony to authenticating his prior reporting as accurate without disclosing his source(s). On July 19, 2013, in a split decision, the Fourth Circuit reversed, finding no reporter’s privilege under the First Amendment or federal common law. Mr. Risen filed a petition for certiorari with the United States Supreme Court, which was denied on June 2, 2014. Following these unsuccessful attempts to quash the subpoena, Mr. Risen testified in the district court on January 5, 2015 that, under no circumstances would he reveal the identity of his confidential sources. On January 12, both the Justice Department and the defendant announced that they would not call Mr. Risen as a witness in the case.