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9/11
See other 9/11 Articles

Title: New York Times Columnist Must Reveal Sources On Anthrax Case Story
Source: washingtonpost.com
URL Source: http://www.washingtonpost.com/wp-dy ... /10/23/AR2006102301039_pf.html
Published: Oct 24, 2006
Author: Jerry Markon
Post Date: 2006-10-24 14:36:55 by Destro
Keywords: Anthrax, Hatfill
Views: 305
Comments: 10

New York Times Columnist Must Reveal Sources, Judge Rules

By Jerry Markon

Washington Post Staff Writer

Tuesday, October 24, 2006; B03

A federal judge has ordered the New York Times Co. to disclose the confidential sources used by Nicholas D. Kristof in columns that explored whether a former Army scientist was responsible for the deadly 2001 anthrax attacks.

The ruling, made public yesterday, came in a lawsuit filed by the former scientist, Steven J. Hatfill, contending that the paper defamed him in a series of Kristof columns in 2002 that identified him as a "likely culprit." Hatfill has been identified by authorities as a "person of interest" in the anthrax-spore mailings that killed five people and sickened 17. No one has been charged in the attacks.

Hatfill's attorneys are seeking to compel Kristof to reveal his sources, arguing that questioning them is vital to their case. Kristof has refused. U.S. Magistrate Judge Liam O'Grady in Alexandria sided with Hatfill and ordered the journalist to disclose the identity of the three sources by tomorrow.

"The court understands the need for a reporter to be able to credibly pledge confidentiality to his sources," O'Grady wrote in his ruling Friday. But the judge said Hatfill "needs an opportunity to question the confidential sources and determine if Mr. Kristof accurately reported information the sources provided."

The Times said yesterday that it plans to appeal, and Kristof vowed to continue protecting his sources. "We were disappointed with the decision because we believe that confidential sources are sometimes very important in covering government investigations," Kristof said in an interview. "And I'm passionate about protecting the confidentiality of my sources."

The ruling is the latest in a series of court defeats for journalists trying to shield news-gathering activities from the legal process. Judges have ordered reporters covering issues ranging from baseball's steroid scandal to the investigation into the leak of CIA officer Valerie Plame's identity to disclose confidential sources. In the Plame case, former New York Times reporter Judith Miller spent 85 days in jail for refusing to comply.

But those were criminal cases; Hatfill's is a civil lawsuit. Legal experts said it is relatively common for judges to order journalists to reveal confidential sources in a libel lawsuit, but the journalist is rarely jailed for resisting.

If the journalist does refuse, a judge often strips him or her of the defense that the information was based on sources, which can expose media companies to significant liability, said Rodney A. Smolla, dean of the University of Richmond Law School and an expert on First Amendment law. "The journalist is being told you cannot have your cake and eat it, too," Smolla said. "You can't rely on the existence of this source but not let the jury and the court and the plaintiff explore the nature of the source."

In a series of columns in 2002, Kristof criticized the FBI for failing to aggressively pursue a scientist he initially called "Mr. Z." He wrote that the biodefense community had called Mr. Z a "likely culprit," partly because the scientist was familiar with anthrax.

Kristof later acknowledged that Hatfill was Mr. Z. He also wrote that Hatfill deserved the "presumption of innocence."

Hatfill, a former researcher at the Army's infectious disease research laboratory at Fort Detrick in Frederick, has been trying to clear his name ever since then-Attorney General John D. Ashcroft publicly called him a person of interest in 2002. An attorney for Hatfill did not return telephone calls late yesterday.

Hatfill's lawsuit against the Times Co., filed in 2004 in U.S. District Court in Alexandria, was dismissed by a federal judge but then reinstated and sent back to Alexandria last year by a federal appeals court.

When Kristof was deposed in July, two of his sources were identified -- although not by name -- as FBI employees involved in the anthrax investigation, court papers said. A third was a colleague or friend of Hatfill's. Two other sources agreed to release Kristof from his pledge of confidentiality and reveal their identities, the papers said.


Poster Comment:

Could Steven J. Hatfill have been a patsy? Why him? His presence in Rhodesia during the possibly man made Anthrax outbreak made him an easy enough patsy? A 'honey trap' to focus attention away from other sources? For example of another 'honey trap' - the 'honey trap' story around Oswald was that he was a communist sympathizer pro Castro-Cuban activist. Got people looking for a long time for a commie KGB connection to JFK's killing.

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#1. To: Destro (#0)

The little remembered Anthrax mail attacks that cleared Congress for several months and that have, of course, never been solved is another tangled web of 9/11 government intrigue and byzantine enigma. This is just another one of those things in our increasingly Soviet-esque history in which we, the average Joe Blow citizen, can only make educated guesses as to what really occurred by pouring through old issues of American Pravda, The New York Times, to look for buried details, inconsistencies, and make inferences from what they don't report rather than what they do.

Burkeman1  posted on  2006-10-24   14:44:43 ET  Reply   Trace   Private Reply  


#2. To: Burkeman1 (#1)

One asks how a compromised individual like Hatfill can find gainful employment in such rarefied circles as govt warfare bio lab - when he had such an easily refutable resume? Or our congressional leadership continued to promote and place in positions of power openly compromised individuals like Foley.

"The desire to rule is the mother of heresies." -- St. John Chrysostom

Destro  posted on  2006-10-24   14:55:21 ET  Reply   Trace   Private Reply  


#3. To: Destro (#2)

Whom does an oligarchy or a budding dictator want as henchmen, hirelings, and servants under him? Men of upstanding moral repute and honor without a blemish upon their characters and who take their oaths seriously and who honestly believe in "public service" and rule of law? Or compromised, morally flawed, debased men, whose only one constant is that they will serve their own personal wealth and power ends?

The second type of person is what advances in our government- indeed is what advances in any big byzantine bureaucratic government eventually.

Burkeman1  posted on  2006-10-24   15:07:42 ET  Reply   Trace   Private Reply  


#4. To: Burkeman1 (#3)

The second type of person is what advances in our government- indeed is what advances in any big byzantine bureaucratic government eventually.

Indeed. Our country runs on mutual blackmail.

"The desire to rule is the mother of heresies." -- St. John Chrysostom

Destro  posted on  2006-10-24   15:17:26 ET  Reply   Trace   Private Reply  


#5. To: Burkeman1 (#3)

PS: I want to add that I do not think Hatfill is responsible - only that when time came to set someone up it was nice that such a compromised person was available. Hence clues were dropped pointing to Hatfill's past - like a trail of breadcrumbs.

"The desire to rule is the mother of heresies." -- St. John Chrysostom

Destro  posted on  2006-10-24   15:25:09 ET  Reply   Trace   Private Reply  


#6. To: Destro (#5)

The Hartford Courant investigated the anthrax case and its series of articles on the subject are a must read.

JohnGalt  posted on  2006-10-24   15:56:25 ET  Reply   Trace   Private Reply  


#7. To: JohnGalt (#6)

Excellent link.

Mark

The FBI, rather than trying to prevent a terrorist attack, was merely gathering intelligence so they would know who to arrest when a terrorist attack occurred.— Robert Wright - Former FBI agent

"At temperatures above 800º C structural steel loses 90 percent of its strength. Yet even when steel structures are heated to those temperatures, they never disintegrate into piles of rubble, as did the Twin Towers and Building 7."-http://www.911research.net

Kamala  posted on  2006-10-24   16:15:25 ET  Reply   Trace   Private Reply  


#8. To: Destro (#0)

No one remembers Philip Zack

Diana  posted on  2006-10-24   16:39:24 ET  Reply   Trace   Private Reply  


#9. To: JohnGalt (#6)

The Hartford Courant investigated the anthrax case and its series of articles on the subject are a must read.

Thanks for posting that, people need to know what really went on regarding the anthrax case.

Diana  posted on  2006-10-24   16:42:02 ET  Reply   Trace   Private Reply  


#10. To: Diana (#8)

No one remembers Philip Zack

I don't.

"The desire to rule is the mother of heresies." -- St. John Chrysostom

Destro  posted on  2006-10-24   18:39:35 ET  Reply   Trace   Private Reply  


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