Lee Hearing Ends With 6 Journos Awaiting Judge's Decision Later This Week

By: Joe Strupp The fate of six reporters who were expected to be held in contempt of court for refusing to testify in a civil case brought by former government scientist Wen Ho Lee remained unresolved Wednesday following a hearing.

Federal District Court Judge Thomas Penfield Jackson took 90 minutes of testimony in the case during a morning hearing. But Jackson said he would not rule on a request to hold the reporters in contempt until later in the week, according to Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, who was in the courtroom.

"He did not rule, but it is clear that some or all of them will be held in contempt," Dalglish told E&P. "He did say that it was his intent, if any of the reporters are held in contempt, to stay the contempt citation while it is appealed."

Dalglish also said the judge told those in attendance that he believed the journalists were acting in good faith and genuinely believe they are entitled to the privilege.

The reporters facing contempt charges are: Jeff Gerth and James Risen of The New York Times, Robert Drogin of the Los Angeles Times, Josef Herbert of The Associated Press, Pierre Thomas of CNN (now of ABC), and Walter Pincus of The Washington Post.

Lee's legal team wants these journalists to reveal how they got information about their client, who was suspected of espionage in 1999.

Jackson's hearing was in response to a request by Lee's attorney to hold the reporters in contempt for failing to respond to subpoenas issued two years ago for their testimony in depositions related to the case.

The reporters have each refused to testify in depositions and their attorneys have sought to have the subpoenas quashed, a request Jackson has refused.

The hearing takes on even more significance due to its timing -- just days after several subpoenas were issued in the Valerie Plame investigation. In that case, three subpoenas seeking testimony and records from The New York Times have been issued, while The Washington Post has received one subpoena compelling reporter Pincus to testify in that case as well.