Tim Rutten is just outstanding on the BALCO/San Fran Chronicle case:
Protect public interest, not journalists' self-interest
Two San Francisco Chronicle reporters — Mark Fainaru-Wada and Lance Williams — have made themselves poster children for advocates of a federal shield law by risking jail to protect the source who leaked them federal grand jury testimony by three professional baseball stars, including Barry Bonds.
Thursday, we learned just who they were protecting when Troy L. Ellerman, a defense lawyer for one of BALCO's vice presidents, pleaded guilty to contempt of court, obstruction of justice and filing a false declaration with a federal court. Ellerman leaked the testimony to the Chronicle reporters, then went out and argued that the ensuing publicity would deny his client a fair trial. Worse, he actually filed motions with the court alleging that prosecutors had leaked the testimony and that charges against the BALCO official should be dismissed.
The two reporters maintained their silence while all this occurred. Worse, Fainaru-Wada returned to the defense attorney's office to obtain still more leaked testimony after their source had lied in public and to the court.
To assert any form of journalistic privilege in a situation like that is something far worse than moral obtuseness. Conspiring with somebody you know is actively perverting the administration of justice to your mutual advantage is a betrayal of the public interest whose protection is the only basis on which journalistic privilege of any sort has a right to assert itself.
See also:
On leaks, bias and truth
Leaks, Journalsim, and the Right to Know
The rotten heart of investigative journalism
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