ONA joined Reporters Committee for Freedom of the Press and 44 other media organizations asking Attorney General Holder to withdraw the subpoena issued to James Risen in the Jeffrey Sterling case, arguing that the subpoena should be subject to the Justice Department’s new policy for media subpoenas, which Holder outlined in his July report to the President.
The coalition wrote:
[T]he new Department policy authorizes a subpoena to a member of the news media only ‘as a last resort, after all reasonable alternative investigative steps have been taken, and when the information sought is essential to a successful investigation or prosecution.’ At this stage in the case, the question before the Department is more one of policy than law, and from that perspective the court proceedings below support withdrawal of the subpoena despite the outcome in the Fourth Circuit.
