Should Reporters be allowed to guard anonymous sources?

40yearfan · August 9th, 2005, 08:09 AM

Journalists Press for Protection in Wake of Plame Prosecution
Tuesday, August 09, 2005

WASHINGTON — Bolstered by public support for the ability to guard anonymous sources after a high-profile case sent one reporter to a federal jail, journalists and their advocates say they are hoping Congress will successfully step in on their behalf.

"The momentum has been building and is continuing to build, with the jailing of [New York Times reporter] Judy Miller being the latest push," said Irwin Gratz, an editor with the Maine Public Broadcasting Network and president of the Society of Professional Journalists.

The "push" is upon legislation recently proposed in the House and Senate that would provide a shield for journalists who do not want to disclose their anonymous sources at the request of federal prosecutors.

In twin bills sponsored by Sen. Richard Lugar (search) and Rep. Michael Pence (search), both Indiana Republicans, the Free Flow of Information Act would prevent prosecutors, with some exceptions, from compelling reporters to testify about their sources or face possible jail time.

"I know what we're being told by our First Amendment lawyers in Washington. They believe that this issue can be in play now as opposed to several years ago when they said it was a dead issue," Gratz said.

Miller, a Pulitzer Prize Winner, has been serving jail time in Alexandria, Va., since early last month after she refused to testify in front of a grand jury about her source for an unpublished story on the identity of CIA agent Valerie Plame (search), wife of Ambassador Joe Wilson.

A federal investigation is focusing on whether government officials knowingly leaked Plame's identity in 2003 in an effort to discredit Wilson, who had been critical of the Bush administration's justifications for invading Iraq.

On Monday, House Democratic lawmakers wrote to vice presidential Chief of Staff Lewis "Scooter" Libby asking him to grant Miller a personal waiver releasing her from any pledges she made to him promising anonymity.

"New information has come to light that indicates that you met with New York Times reporter Judith Miller on July 8, 2003, and discussed Mrs. Wilson. ... Special Prosecutor Patrick J. Fitzgerald has reportedly determined that it may well be relevant to the ongoing probe. However, according to the same report, his investigation has been impeded by your lack of cooperation, specifically your failure to produce a personal waiver to Ms. Miller," wrote Reps. John Conyers of Michigan, Rush Holt of New Jersey and Louise Slaughter and Maurice Hinchey, both of New York.