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Reporters Subpoenaed in Plame Investigation

by TChris

NBC's Tim Russert and Time magazine's Matthew Cooper were subpoenaed to testify before a grand jury investigating the White House's disclosure to selected journalists that Joseph Wilson's wife, Valerie Plame, is a CIA agent. (Background collected here.) Time and NBC will attempt to quash the subpoenaes to protect the confidentiality of their sources.

The request to interview reporters may suggest that the probe is nearing a conclusion, because Justice Department guidelines require that prosecutors exhaust all other avenues before calling reporters before a grand jury. Attorneys for several grand jury witnesses and news organizations said it is not clear whether [Special Prosecutor Patrick] Fitzgerald is moving toward seeking indictments in the case or whether he is preparing to complete it without bringing criminal charges.

A reporter's right to protect confidential sources is not absolute, and courts sometimes order disclosure as a last resort to advance a criminal investigation. Journalists sometimes disobey court orders to disclose sources, risking contempt sanctions. No word on whether a subpoena has been issued to Robert Novak, who was clearly the recipient of a leak about Plame's identity and was thus a key witness to the alleged crime.

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