JW, I don't see how you can compare...
Anyway, regarding the CIA leaks:
http://www.newsday.com/news/nationworld/nation/ny-usleak0216,0,2896504.story?coll=ny-top-headlines
Reporters must testify in CIA leak probe
BY TOM BRUNE
WASHINGTON BUREAU
February 16, 2005
WASHINGTON -- A U.S. appeals court ruled Tuesday that two reporters must testify before a federal grand jury about their confidential sources in a probe trying to determine who in the Bush administration leaked the identity of a covert CIA officer.
In an expected ruling, a three-judge panel of the D.C. Circuit Court of Appeals unanimously upheld a lower court ruling that held in contempt Matthew Cooper of Time magazine and Judith Miller of The New York Times for refusing to testify.
Time and the Times Tuesday said they would appeal the decision to the full circuit and possibly the Supreme Court, and would seek a stay to keep the reporters out of jail.
The publications had tried to quash the subpoenas based on the First Amendment and reporters' privilege to protect confidential sources under federal common law, which is based on practice than on statutes. In October, District Judge Thomas Hogan ruled against them.
"We agree with the District Court that there is no First Amendment privilege protecting the evidence sought," Circuit Judge David B. Sentelle wrote in the majority opinion. "We further conclude that if any such common law privilege exists, it is not absolute" he wrote.
The decision prompted calls from Floyd Abrams, attorney for both reporters, and groups such as Reporters Committee for Freedom of the Press, for Congress to enact a federal shield law to permit reporters to protect confidential sources.
Special Counsel Patrick Fitzgerald, the U.S. Attorney in Chicago, has made the fight to force testimony from the reporters a well-publicized step in his otherwise secretive 14-month investigation.
"We look forward to resuming our progress in this investigation and bringing it to a prompt conclusion," he said.
The investigation seeks to determine who leaked the identity of covert CIA operative Valerie Plame to columnist Robert Novak in an apparent attempt to discredit her husband. Disclosing the identity of a covert intelligence official is a crime.
Plame's husband, Joseph C. Wilson IV, had written that there was no basis to the president's claim that Iraq had sought to buy uranium from Niger and that act was a reason to attack Iraq.
Cooper, a White House correspondent, contributed to two articles in July 2003 about the leak. He agreed to limited testimony for one subpoena, but balked at a second, broader one.
"In the United States, no journalist should have to go to jail simply for doing his or her job," said Norman Pearlstine, Time's editor-in-chief.
Miller, an investigative reporter, reported but never published a story about the leak.
"If Judy is sent to jail for not revealing her confidential sources for an article that was never published, it would create a dangerous precedent that would erode the freedom of the press," said Times Publisher Arthur Sulzberger Jr.
In a concurring opinion, Judge David S. Tatel wrote that reporters enjoy a common law privilege but that Fitzgerald had overcome it in secret filings with Hogan to support the case he needs the testimony.
"While requiring Cooper to testify may discourage future leaks, discouraging leaks of this kind is precisely what the public interest requires," he wrote.
Copyright © 2005, Newsday, Inc.