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Reporter's lawyers ask D.C. Circuit to reverse contempt citation

By The Associated Press
03.31.08

WASHINGTON — Lawyers for a former USA Today reporter have asked a federal appeals court to reverse a contempt of court citation against the journalist, who refuses to reveal her sources for stories about the criminal investigation of the 2001 anthrax attacks.

Attorneys for Toni Locy said she has no money to pay the fines imposed by U.S. District Judge Reggie Walton, who ordered her to pay up to $5,000 a day out of her own pocket.

Locy's lawyers called the fines "destructive sanctions" and said the judge had abused his discretion.

"She would have to turn to her family, her friends or to others" to pay the fines, "but the order forbids her to do so," said the March 28 court filing by Locy's lawyers.

The attorneys said Walton failed to apply the law. Federal courts in Washington, D.C., recognize a qualified First Amendment privilege enabling reporters to protect their sources in civil cases.

Locy has been pulled into a lawsuit against the government by scientist Steven Hatfill, who came under scrutiny in the still-unsolved anthrax attacks that killed five people and sickened 17 others. The anthrax mailings to Capitol Hill lawmakers and members of the news media came just weeks after the Sept. 11, 2001, terrorist attacks.

Thirty-one news organizations including the Associated Press supported Locy in a separate filing in the U.S. Circuit Court of Appeals for the District of Columbia. Locy worked for the AP after she left USA Today and now teaches journalism at West Virginia University.

Privacy Act claims like the ones Hatfill filed should not be "transformed into all-purpose anti-leak remedies wielded against government speech with reporters as collateral damage," stated the brief by news organizations.

Hatfill's private interest in obtaining additional evidence for his civil damages claim "cannot outweigh the public's interest in protecting journalists' abilities to report on matters as consequential as that at issue here: one of the largest, if not the largest, still-unsolved investigations in recent history into murders that terrified a nation," the news media's filing stated.

Walton is demanding that Locy provide the names of all the dozen or so Justice Department and FBI sources who provided her information for stories on the probe into the anthrax attacks.

She says she cannot recall which of her sources supplied information for two stories she wrote about Hatfill in May and June 2003.

Locy's stories said that investigators were questioning whether they had focused on the wrong person, that evidence against Hatfill was largely circumstantial, that Hatfill's answers to questions were evasive and that an FBI search of a pond near Hatfill's house did not lead to any evidence tying him to the attacks.

Appeals court judges Douglas Ginsburg, Judith Rogers and Brett Kavanaugh are hearing Locy's case. Ginsburg was appointed by President Reagan, Rogers by President Clinton and Kavanaugh by the current President Bush.


Update
Judges seem to question heavy fines for reporter
Appealing contempt ruling, Toni Locy's lawyer tells D.C. Circuit that journalists' ability to report on critical issues is at risk. 05.09.08

Previous
D.C. Circuit stays fines against former USA Today reporter
Order also means Toni Locy won't face further sanctions including possibly being sent to jail while her lawyers fight federal judge's contempt ruling. 03.12.08

Related

Shield law or no, protection of confidential sources uncertain

Proposed measures would offer only modest shelter for journalists who want to withhold identities of those who gave them information. 03.17.08

Bush officials mount campaign against media-shield bill
In letters to senators, Attorney General Michael Mukasey, others say measure could harm national security, would encourage more leaks of classified data. 04.04.08

Track shield laws, subpoenas, confidentiality cases here

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