Journalists vs. defendants vs. prosecutors

Declan McCullagh declan at well.com
Mon Apr 2 18:13:30 PDT 2001


On Mon, Apr 02, 2001 at 07:36:48PM -0400, Seth Finkelstein wrote:
> 	My question does not involve journalistic privilege _per se_. 
> It is addressed to the reputational implications of testifying as a
> witness for the prosecution in criminal trials (past, present, and future).
> 
> 	By the way, again note you have raised privilege as a matter
> against the DEFENSE. You are not being asked by the prosecution to do
> anything but validate your articles under oath, in court, so they can
> use those articles as incriminating evidence.

You appear to be intentionally misrepresenting the motion we filed
last week as a way to make a personal attack. I understand your
motive, but I don't care for it much.

You have me at a disadvantage. My attorney advises me not to make
public statements about what we're doing at this time, so I can only
say that the motion speaks for itself:
http://www.mccullagh.org/subpoena/motion.032901.html

Also, it is not a surprise that the interests of a defendant and
journalist may diverge.

-Declan





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