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Category Archives: Secrecy: Press Subpoenas

An Explainer on the Espionage Act and the Third-Party Leak Prosecutions

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Wednesday, May 22, 2013 at 1:00 PM

The press scandals keep on coming for the Obama Administration. Hot on the heels of revelations that the administration subpoenaed the Associated Press’s phone records as part of a leak investigation, the Washington Post reported on Monday that the Department … Read more »

Carrie Cordero on AP Subpoenas

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Friday, May 17, 2013 at 5:00 PM

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law:

In light of the hysteria over reports that the Department of Justice

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Explainer on the AP Subpoenas Controversy

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Thursday, May 16, 2013 at 5:00 PM

It’s been a rough week for the Obama Administration. In addition to outrage over IRS targeting of conservative groups and continued conspiratorial rumblings about the Administration’s response to the Benghazi attack, the Department of Justice (DOJ) faces blowback over subpoenasRead more »

AP: DOJ Secretly Obtained AP Reporters’ Phone Call Records

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Monday, May 13, 2013 at 9:30 PM

So we learn from this Associated Press story.  It hints that the records’ acquisition may stem from a DOJ inquiry into the disclosure, last year, of classified material to the AP—regarding the CIA’s disruption of an AQAP effort to Read more »

Leak Investigations in the Digital Era

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Monday, June 11, 2012 at 9:29 AM

Paul makes a good point that digital technology and data analytics make it easier for the government to track journalists’ movements and ascertain the persons in government with whom they communicate.  Charlie Savage makes the same point in his storyRead more »

Thoughts on Leak Investigations in the Modern Era

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Saturday, June 9, 2012 at 11:23 AM

One item in Jack’s post on the upcoming leak investigations caught my eye — he noted that “It is hard to discover leakers without access to journalists’ testimony or notes (which are hard to obtain).”

My sense is that … Read more »

New York Times Files Suit Against DOJ in Pursuit of al-Aulaqi Memo

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Thursday, December 22, 2011 at 4:51 PM

The New York Times and columnists Charlie Savage and Scott Shane have filed suit under the Freedom of Information Act against the Department of Justice for access to the OLC memo authorizing the targeted killing of Anwar Al-Aulaqi.

Read the … Read more »

Liveblogging Session 7: Keynote Address of New York Times Reporter Charlie Savage

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Saturday, September 17, 2011 at 5:46 PM

The Keynote Address begins with a brief introduction from Jack.  He notes that one thing extraordinary about Savage is his ability to extract information from government officials and the clarity with which he can describe and discuss complicated legal issues.  … Read more »

Brinkema Opinion Sparing Risen from Testifying that Sterling was his Source

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Thursday, August 4, 2011 at 5:07 AM

Here is the July 29 opinion in which Judge Brinkema explains why NYT reporter James Risen will not have to testify, in the Jeffrey Sterling leak prosecution, about whether Sterling was Risen’s source for Chapter 9 of State of WarRead more »

Washingtonian Profile of DOJ Leaks Prosecutor

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Thursday, July 21, 2011 at 1:38 PM

Shane Harris of Washingtonian magazine has a lengthy profile on the magazine’s web site of William Welch, who is the Justice Department’s point man on leaks cases. It’s a hard-hitting and unflattering piece that suggests that Welch is over-aggressive and … Read more »

Move to Quash Risen Subpoeana

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Wednesday, June 22, 2011 at 7:20 AM

The invaluable Steve Aftergood, over at Secrecy News, is reporting:

Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of former CIA officer Jeffrey Sterling

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