FOI Daily Dose: Fox News reporter uses NY shield law to fend off subpoena; Dems and GOP criticize Snowden, NSA director speaks about leaks

New York shield law may fend off subpoena

A Fox News reporter is seeking protection from being forced to reveal her sources in Colorado court under New York’s shield law, according to the Reporters Committee for Freedom of the Press.

Fox News reporter Jana Winter was subpoenaed in January for a July 25 story she wrote about the Colorado movie theater massacre last summer involving two anonymous law enforcement sources.

A five-judge panel heard the case on June 12 when Winter’s attorney argued that she should not be forced to reveal her sources because even though she was reporting in Colorado, she lives and works in New York, and is therefore protected under New York’s shield law, which provides “absolute privilege for journalists’ confidential sources and reporting materials,” RCFP said.

The attorneys for the accused shooter James Holmes subpoenaed Winter, saying the law enforcement sources violated Holmes’ right to a fair trial by telling Winter about his notebook allegedly filled with drawings of the planned shooting.

With the help of a Colorado judge in January, the attorneys got Justice Larry Stephan of Manhattan to sign-off on a subpoena, and Winter’s attorney, Dori-Ann Hanswirth, filed papers to appeal Stephan’s decision to sign, according to Fox News.

Since Stephan signed, Winter had to attend a Colorado hearing in April to determine whether Holmes’s notebook qualifies as evidence in the case. Winter is scheduled to reappear before the court in August, and if the notebook is ruled a “substantial issue,” she will be ordered to reveal her sources lest she face time in jail for contempt of court, according to RCFP.

But the New York court’s decision from Wednesday’s hearing may save her if they rule that Stephan should not have signed-off on the subpoena in the first place. Hanswirth told RCFP she is hopeful the New York court will decide before August.

Snowden under fire from both sides of party lines, NSA director speaks out

National Security Agency whistle-blower Edward Snowden received criticism from Republicans and Democrats on June 13 after closed briefings with top administration officials, according to Yahoo News.

Two senior Republican lawmakers raised vague, yet alarming concerns that terrorists are already changing their tactics now that the NSA surveillance programs are unveiled.

Rep. Mike Rogers (R-Mich) said there are “changes we can already see being made by the folks who wish to do us harm, and our allies harm,” and Sen. Saxby Chambliss (R-Georgia) of the Senate Intelligence Committee said those “changes” might even cost American lives, according to Yahoo.

“His disclosures are ultimately going to lead to us being less safe in America because bad guys will be able to figure out a way around some of the methods we use, and it’s likely to cost lives down the road,” Chambliss said.

Rep. C.A. Dutch Ruppersberger (D-Maryland), the committee’s ranking Democrat, expressed concerns and questions about Snowden’s choice of a Hong Kong hideout since it’s part of China, “a country that’s cyberattacking us every single day.”
NSA director Gen. Keith Alexander also spoke out for the first time, sharing concerns about terrorists changing their plans in response to the leaks and saying he hopes to bolster support for the programs by declassifying “dozens of attacks” they have helped disrupt, according to the Los Angeles Times.

Alexander defended NSA’s intelligence programs as legal and necessary. But he did admit concern that junior employees like Snowden can access so many national security secrets and said that issue needs to be addressed.

“This individual was a system administrator with access to key parts of the network,” he said. “This is something we have to fix.”

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

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