...the more they stay the same. The Obama administration is seeking to compel a writer to testify about his confidential sources for a 2006 book about the Central Intelligence Agency, a rare step that was authorized by Attorney General Eric H. Holder Jr.
The author, James Risen, who is a reporter for The New York Times, received a subpoena on Monday requiring him to provide documents and to testify May 4 before a grand jury in Alexandria, Va., about his sources for a chapter of his book, “State of War: The Secret History of the C.I.A. and the Bush Administration.” The chapter largely focuses on problems with a covert C.I.A. effort to disrupt alleged Iranian nuclear weapons research.
Mr. Risen referred questions to his lawyer, Joel Kurtzberg, a partner at Cahill Gordon & Reindel L.L.P., who said that Mr. Risen would not comply with the demand and would ask a judge to quash the subpoena.
“He intends to honor his commitment of confidentiality to his source or sources,” Mr. Kurtzberg said. “We intend to fight this subpoena.”
The subpoena comes two weeks after the indictment of a former National Security Agency official on charges apparently arising from an investigation into a series of Baltimore Sun articles that exposed technical failings and cost overruns of several agency programs that cost billions of dollars.
The lead prosecutor in both investigations is William Welch II. He formerly led the Justice Department’s public integrity unit, but left that position in October after its botched prosecution of Senator Ted Stevens of Alaska.
Matthew A. Miller, a Justice Department spokesman, declined to discuss the subpoena to Mr. Risen or to confirm its existence. “As a general matter, we have consistently said that leaks of classified information are a matter we take extremely seriously,” he said.
(...)
The Bush administration had sought Mr. Risen’s cooperation in identifying his sources for the Iran chapter of his book, and it obtained an earlier subpoena against him in January 2008 under Attorney General Michael B. Mukasey. But Mr. Risen fought the subpoena, and never had to testify before it expired last summer. That left it up to Mr. Holder to decide whether to press forward with the matter by seeking a new subpoena.
The lead prosecutor in the case is William Welch II, the same man heading up the prosecution of NSA whistleblower Thomas Drake for another set of Bush-era leaks. The message is clear--
if you illegally gathered information on members of the public, Obama's DOJ would rather let sleeping dogs lie. But if you illegally tried to get information to the public, you'd better lawyer up.Where's all this "change" we keep hearing so much about?
Onward and upward,
airforce