The James Risen Case and Reporter's Privilege

By jennb7

  • Operation Merlin takes place in Iran

    Operation Merlin was a covert CIA operation designed to upset Iran's nuclear development program.

  • Risen learns of Operation Merlin

    New York Times reporter James Risen first learned of a secret CIA program named Operation Merlin, which was a failed CIA plan to sabotage Iranian nuclear research by having a Russian scientist sell misleading blueprints to Iran.

  • Risen published his book “State of War: The Secret History of the CIA and the Bush Administration.”

    A chapter in that book detailed Operation Merlin,

  • Risen first subpoenaed by Departmetn of Justice

    Risen was subpoenaed by the DOJ to testify in the case of Jeffrey Sterling, a former CIA agent who was charged with disclosing information and was identified as the likely leek. Risen fought the subpoena

  • First subpoena expires

  • Original Supoena renewed by Obama Administration

    The Obama Administration has prosecuted 8 government employees for leaking classified information—more than all previous administrations combined.

  • Federal District Court Judge Leonie Brinkema declined to compel Risen to identify his confidential sources

    “A criminal trial subpoena is not a free pass for the government to rifle through a reporter’s notebook,” Leonie Brinkema, US Federal Judge in Alexandria, Virginia.

  • U.S. Court of Appeals for the Fourth Circuit reversed the lower court’s ruling and upheld the subpoena requiring Risen to testify and reveal his confidential source

    “There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings.” US Court of AppealsRuled 2-1Risen appealed that ruling and the case went to the Supreme Court

  • Attorney General Eric Holder says that “As long as I am attorney general, no reporter who is doing his job is going to go to jail.”

  • The United States Supreme Court refused to hear the case

    The subpoena stands and the DOJ could force Risen to testify and reveal his confidential source.

  • Eric Holder reaffirmed that the Justice Department will not seek jail time for Risen but will instead focus on the trial of Jeffrey Sterling

  • Risen released his latest book, “Pay Any Price: Greed, Power and Endless War.’

  • Announced that Risen will not be called to testify

    This ends the seven-year fight of whether or not he would be forced to reveal a confidential source.