One who favored hearing the case, Judge David S. Tatel, wrote in his dissent that Lee's claim for compensation pales in importance to people's right to know about what was believed to be nuclear espionage. "It's hard to imagine how his (Lee's) interest could outweigh the public's interest in protecting journalists' ability to report without reservation on sensitive issues of national security," Tatel wrote.

In the Miller - Cooper case, Tatel wrote in his final paragraph:

Were the leak at issue in this case less harmful to national
security or more vital to public debate, or had the special
counsel failed to demonstrate the grand jury’s need for the
reporters’ evidence, I might have supported the motion to quash.
Because identifying appellants’ sources instead appears essential
to remedying a serious breach of public trust, I join in affirming
the district court’s orders compelling their testimony.

The full Wen Ho Lee decision is here.(pdf)