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Appeals court upheld ruling against reporters over leak { February 15 2005 }

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   http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=CIA%20Leak%20Reporters

http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=CIA%20Leak%20Reporters

Tuesday, February 15, 2005 Last updated 8:41 a.m. PT
Appeals court upholds ruling in CIA leak

By MARK SHERMAN
ASSOCIATED PRESS WRITER

WASHINGTON -- A federal appeals court on Tuesday upheld a ruling against two reporters who could go to jail for refusing to divulge their sources to investigators probing the leak of an undercover CIA officer's name to the media.

The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit sided with prosecutors in their attempt to compel Time magazine's Matthew Cooper and The New York Times' Judith Miller to testify before a federal grand jury about their confidential sources.

"We agree with the District Court that there is no First Amendment privilege protecting the information sought," Judge David B. Sentelle said in the ruling, which was unanimous.

Floyd Abrams, the lawyer for both reporters, said he would ask the full appeals court to reverse Tuesday's ruling. "Today's decision strikes a heavy blow against the public's right to be informed about its government," Abrams said in a statement.

In October, Judge Thomas F. Hogan held the reporters in contempt, rejecting their argument that the First Amendment shielded them from revealing their sources. Both reporters face up to 18 months in jail if they continue to refuse to cooperate.

The special prosecutor in the case, Chicago U.S. Attorney Patrick Fitzgerald, is investigating whether a crime was committed when someone leaked the identity of CIA officer Valerie Plame. Her name was published in a 2003 column by Robert Novak, who cited two senior Bush administration officials as his sources.

The column appeared after Plame's husband, former Ambassador Joseph Wilson, wrote a newspaper opinion piece criticizing President Bush's claim that Iraq had sought uranium in Niger. The CIA had asked Wilson to check out the uranium claim. Wilson has said he believes his wife's name was leaked as retaliation for his critical comments.

Disclosure of an undercover intelligence officer's identity can be a federal crime if prosecutors can show the leak was intentional and the person who released that information knew of the officer's secret status.

Cooper is a White House correspondent for Time who has reported on the Plame controversy. He agreed in August to provide limited testimony about a conversation he had with Lewis "Scooter" Libby, Vice President Dick Cheney's chief of staff, after Libby released Cooper from his promise of confidentiality.

Fitzgerald then issued a second, broader subpoena seeking the names of other sources.

Miller is facing jail for a story she never wrote. She had gathered material for an article about Plame, but ended up not doing a story.

Prosecutors have interviewed President Bush, Cheney, then-Secretary of State Colin Powell and other current or former administration officials in the investigation. Journalists from NBC and The Washington Post also have been subpoenaed.

---

On the Net:

U.S. Court of Appeals for the District of Columbia Circuit: http://www.cadc.uscourts.govinternetinternet.nsf




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Agee calls leak dirty politics
Agee discusses leak of name
Agee sees whitehouse getting blowback
Another time reported testomy may help rove { December 12 2005 }
Appeals court upheld ruling against reporters over leak { February 15 2005 }
Ashcroft recused self from investigation { December 31 2003 }
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Bush admits cia leak came from whitehouse { July 12 2007 }
Bush aide testifies leak probe { February 9 2004 }
Bush and lawyer huddle on CIA leak { June 2 2004 }
Bush commuted libby prison sentence { June 2007 }
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Bush toughens support of leak investigation { October 7 2003 }
Cheney advisor resigns after indictment
Cheney aide also linked to cia leak { July 18 2005 }
Cheney aide says bush approved leak { April 6 2006 }
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Cheney may use executive privilege { October 29 2005 }
Cheney reportedly interviewed in leak of CIA name { June 5 2004 }
Cheney source of officer name to libby { October 25 2005 }
Cheney staff focus of probe { February 17 2004 }
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Cia blocks varerie plame book
Cia name leak from whitehouse { September 30 2003 }
Cia probe widens
Colleague says armitage was cia leak source { August 29 2006 }
Did rove blow spooks cover { September 16 2003 }
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Fitzgerald calls new grand jury after woodward testimony { November 19 2005 }
Judith freed to testify about source lewis libby { September 30 2005 }
Judith miller cant remember where name came from { October 16 2005 }
Judith miller retires from the times
Karl rove testifies before federal grand jury on leak
Last day of probe keeping whitehouse jittery
Leaders express outrage for libby commuted sentence { July 3 2007 }
Leaker said wilson wife fair game { September 28 2003 }
Libby charges dont address cia leak
Libby lawyer told miller to clear scooter libby { October 16 2005 }
Libby may have hidden cheney role { November 13 2005 }
Libby perjury worse than lewinsky perjury
Libby retains 5th amendment by avoiding pardon { July 3 2007 }
Libby says white house superiors approved leak { February 9 2006 }
Libby scapegoated to protect karl rove { January 24 2007 }
Libby trial delayed right after 2006 elections { February 4 2006 }
Matthew cooper testify after rove lawyers maneuvering { July 7 2005 }
Mcclellan cant clear cheney in cia leak case { June 20 2008 }
Memo central to leak delivered to powell { July 21 2005 }
Nbc russert rebuts libby testimony { February 7 2007 }
New tork times reporter jailed for concealing leak { July 7 2005 }
New york times reporter given top security clearance { October 16 2005 }
Novak claims book was source of leak { August 2 2005 }
Novak points to cia { October 1 2003 }
Novak pokes fun at cia leak
Novak wont give up source { October 1 2003 }
Pat buchanan says neocons behind whole thing { July 15 2005 }
Powell gives testimony to grand jury
Press secretary says bush behind leak { October 2007 }
Prison fines await those leak cia identities
Probe exposing cia identity { September 29 2003 }
Prosecutor investigating coverup of leak { July 27 2005 }
Prosecutors question Bush on CIA name leak { June 25 2004 }
Reporter held in contempt
Rove and libby worked damage control { July 22 2005 }
Rove blamed libby to jury { October 20 2005 }
Rove called to testify 5th time { April 27 2006 }
Rove confirmed plame indirectly lawyer says { July 15 2005 }
Rove emailed security official about matthew cooper { July 11 2003 }
Rove fight escalates { July 15 2005 }
Rove legal team furious efforts to convince prosecutor { October 27 2005 }
Rove mclellan interviewed cia probe { October 23 2003 }
Rove told cooper wilsons wife works for agency { July 11 2005 }
Rove wont face indictment in cia leak case { June 13 2006 }
Story from two senior whitehouse employees
Time magazine talked to rove for plane story
Time reporters in contempt of court for cia leak
Time reporters says he first learned of plame from rove { July 18 2005 }
Valerie plame does vanity fair spread { December 3 2003 }
Whitehouse press secretary contradicts libby { December 2007 }
Wilson suggested rove leaked { September 30 2003 }
Woodward attacked by liberals { November 18 2005 }
Woodward eyed after calling fitzgerald overzealous { November 17 2005 }
Woodward was told of plame before leak { November 16 2005 }

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