United States v. Sterling[edit]
Jeffrey Alexander Sterling was being investigated during the Bush administration. In 2010 he was indicted under the
Espionage Act of 1917, one of the few people in US history whose alleged contact with a journalist was punished under espionage law.
[8]
Risen was subpoenaed in relation to the case in 2008.
[9] He fought the
subpoena, and it expired in the summer of 2009.
[10] In what the
New York Times called "a rare step," the
Obama administration renewed the subpoena in 2010.
[10] In 2011 Risen wrote a detailed response to the subpoena, describing his reasons for refusing to reveal his sources, the public impact of his work, and his experiences with the Bush administration.
[11]
In July 2013 US Court of Appeals from the Fourth Circuit ruled that Risen must testify in the trial of Jeffrey Sterling. The court wrote "so long as the subpoena is issued in good faith and is based on a legitimate need of law enforcement, the government need not make any special showing to obtain evidence of criminal conduct from a reporter in a criminal proceeding." Judge
Roger Gregory dissented, writing "The majority exalts the interests of the government while unduly trampling those of the press, and in doing so, severely impinges on the press and the free flow of information in our society."
[12][13]
The Supreme Court rejected his appeal during June 2014,
[14] leaving Risen facing the possibility of jail depending upon whether the federal prosecutors choose to pursue his testimony. He has stated that he will continue to refuse and is willing to go to jail.
[15]
In October 2014, Attorney General Eric Holder, speaking at a Washington, D.C. event, stated “no reporter’s going to jail as long as I’m attorney general.”[16]
In January 2015
The New York Times reported that Risen "will not be called to testify at a trial", which ended a seven-year legal fight over whether he could be forced to identify his confidential sources.
[17]