Politech mailing list archives
FC: DOJ says Ashcroft approved my subpoena, Feds won't back down
From: Declan McCullagh <declan () well com>
Date: Fri, 09 Mar 2001 13:12:51 -0500
[I am en route to Berkeley, Calif, where I will be speaking at a Federalist Society event (fed-soc.org for details) this evening. Below are two messages I received from the U.S. government today. --Declan]
********* Date: Fri, 9 Mar 2001 12:27:43 -0400 From: "London, Robb" <Robb.London () usdoj gov> To: "'declan () well com'" <declan () well com> Cc: "'cypherpunks () cyberpass net'" <cypherpunks () cyberpass net>, "'cypherpunks () algebra com'" <cypherpunks () algebra com> Message-Id: <"USAWAWML01-010309162743Z-37012*/PRMD=USDOJ/ADMD= /C=US/"@MHS>Attorney General Ashcroft personally approved your subpoena, and that of another reporter who published admissions by James Dalton Bell.
The Government is not seeking any source material, notes, or other unpublished material from you by virtue of this subpoena. The limited purpose of the subpoena is to have you review two of your published articles, acknowledge your authorship, review several of the statements which you attributed to Bell in your articles, and have you verify that he in fact told you those things. That's all. We're only interested in having you testify about statements of his that you published. If your subpoena could have been avoided, it would have been. Unfortunately, the Federal Rules of Evidence do not permit a news article to be admitted into evidence for these purposes unless the person who wrote it can attest to its authorship and the accuracy of its content. This must be done in open court, at trial, and cannot be accomplished by affidavit, unless the defendant is willing to stipulate that your appearance can be avoided and that your articles can be admitted into evidence without your appearance as a foundation witness. Mr. Bell is not interested in any such stipulations. I regret any inconvenience that a trip to Tacoma may cause.
I am extremely sensitive to the intrusiveness of any subpoena and the potential negative impact that press subpoenas can have on the news gathering function. The subpoena that has been served on you, is, in my experience, as minimally intrusive as any such subpoena can be.
Robb London Assistant United States Attorney Western District of Washington ********* DoJ regulations governing subpoena'ing journalists: http://squid.law.cornell.edu/cgi-bin/get-cfr.cgi?TITLE=28&PART=50&SECTION=10&TYPE=TEXT They say:(c) Negotiations with the media shall be pursued in all cases in which a subpoena to a member of the news media is contemplated.
andAll reasonable attempts should be made to obtain information from alternative sources before considering issuing a subpoena to a member of the news media
andNo subpoena may be issued to any member of the news media or for the telephone toll records of any member of the news media without the express authorization of the Attorney General
********* From: Gordon Jeff TIGTA <Jeff.Gordon () tigta treas gov> To: "'declan () well com'" <declan () well com> Subject: Bell Trial Schedule Date: Fri, 9 Mar 2001 09:54:15 -0500 Return-Receipt-To: Gordon Jeff TIGTA <Jeff.Gordon () tigta treas gov> MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2448.0) Declan You need to be at the Tacoma Courthouse by 2:30 PM on Monday, 4/2/01 to testify. We anticipate that you will testify either that afternoon or the next day, Tuesday 4/3/01. To be on the safe side, your flight out should be scheduled for after 5:00PM on 4/3/01. In order to ensure reimbursement, travel arrangements should be made through Dru Mercer at the United States Attorney's office, (206) 553-7970. You can contact me by e-mail or by phone (503) 326-2787 if you have any questions. Jeff ********* ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
Current thread:
- FC: DOJ says Ashcroft approved my subpoena, Feds won't back down Declan McCullagh (Mar 09)