Congressional Digest

Congressional Digest December 2005 No. 10 Vol. 84
Foreword

Journalistic Privilege

Confidentiality of Reporters' Sources

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Foreword

In the summer of 2004, Federal prosecutor Patrick Fitzgerald subpoenaed two reporters — Judith Miller of the New York Times and Matthew Cooper of Time magazine — in connection with an investigation into the possible illegal exposure of a covert Central Intelligence Agency (CIA) operative. Both reporters at first refused to say who leaked the CIA agent’s identity. But in July 2005, Cooper agreed to comply with the court order after his source released him from the promise of confidentiality. Miller was jailed for 85 days for her unwillingness to testify, but was released on September 29 when her source…

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