Jailing Journalists in the Bay Area
by TChris
It's difficult to discern a legitimate federal interest in an investigation of "possible attempted arson to a police car during [a] demonstration" in San Francisco. Nonetheless, because "the San Francisco Police Department receives some federal funds," federal prosecutors claim to have a need to subpoena blogger-journalist Josh Wolf before a federal grand jury. Wolf took some video of the demonstration, and federal prosecutors want to compel him to surrender the tape.
The real reason this prototypical state crime is being investigated in federal court:
While California has a state shield law that generally protects news reporters from disclosing materials, there is no federal shield law.
Wolf was held in contempt on August 1 for refusing to share the tape with a grand jury. On Friday, the Ninth Circuit granted a stay pending Wolf's appeal of the contempt finding, releasing Wolf after a month in custody.
Using a federal grand jury to investigate "possible attempted arson to a police car" is a huge waste of federal resources. Aren't there any serious federal crimes to worry about in the Bay area?
U.S. attorney's office spokesman Luke Macaulay declined to comment on the bail order, but noted that prosecutors have previously said, "We have an obligation to the community to investigate and gather relevant and material evidence of serious crimes."
Serious federal crimes, yes. But possible attempted arson of a municipal vehicle?
The federal courts in San Francisco have been working overtime to lock up those who decline to cooperate with grand juries. The same judge who thought it necessary to send Wolf to prison also sent away Barry Bonds' personal trainer, because the trainer wouldn't tell the grand jury whether Bonds used steroids (as if the answer to that question is a mystery). At least the trainer isn't a journalist.
Last month, U.S. District Judge Jeffrey White rejected a challenge by San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada to a subpoena requiring them to tell a different grand jury their source of leaked grand jury transcripts in a sports steroids probe centered about the Bay Area Laboratory Co-Operative (BALCO). The two reporters are appealing that ruling and could be found in contempt of court and jailed if they lose the appeal.
If reporters who have no subpoena power can learn useful information, shouldn't federal investigators be expected to be just as resourceful? Journalists should inform the public; they aren't informants for the police.
Society President David Carlson said last week, "This case is evidence of a disturbing trend in which federal prosecutors are attempting to turn journalists into arms of law enforcement."
| < The Value of Political Populism | Labor Day Open Thread > |





