The New York Times is reporting that subpoenas have been by a federal grand jury to "at least" two journalists.
Named in the Times piece, online tonight and in the print edition tomorrow, are Tim Russert of NBC and Matthew Cooper of TIME.
A federal grand jury has subpoenaed at least two journalists, Tim Russert of NBC's "Meet the Press" and Matthew Cooper of Time magazine, to testify about whether the Bush White House leaked the identity of an undercover C.I.A. officer to the news media.
Lawyers for NBC and Time said they would fight the subpoenas. NBC said its subpoena could have a "chilling effect" on its ability to report the news.
...
Subpoenas to the news media are rare, and many courts have acknowledged significant legal protections for the press. But the leading Supreme Court case, decided in 1972, rejected the argument that the First Amendment protected reporters from grand jury subpoenas seeking information about crimes they have witnessed.
In the Plame investigation, the journalists could be in a similar position. Not all leaks are crimes, but there is a law that specifically prohibits the disclosure of the identities of undercover intelligence operatives.
...
Devereux Chatillon, an expert in First Amendment law at Sonnenschein, Nath & Rosenthal, a New York law firm, said the subpoenas in the Plame matter were surprising and troubling.
"Subpoenas to the press at all, much less for confidential sources, are extremely unusual, certainly from the federal government," Ms. Chatillon said. "Without protection for confidential sources, the press cannot report effectively on things like the Abu Ghraib scandal," she said, in reference to the abuse of Iraqi prisoners by American soldiers.
Long hot summer coming.... If we can just escape the Rapture Up! effect.
