Pincus Seeks Permission to Reveal Sources in Lee Case, But Only One Agrees

By: Joe Strupp Walter Pincus, a reporter at The Washington Post who is being held in contempt of court in the Wen Ho Lee case for refusing to divulge his sources, sought permission from the sources to disclose their identities, but all but one refused, according to an affidavit filed Monday and obtained by E&P.

The one-page document, filed in U.S. District Court in Washington, D.C. by Pincus, stated that the reporter had complied with Judge Rosemary Collyer's Nov. 18 request to seek permission to identify his sources in the case, but only one, a non-government source, agreed.

"I contacted each of the government sources I can recall in this matter and informed each of them of the court's order of Nov. 16 to determine whether, in light of that order, they would release me from my pledge of confidentiality. I also contacted one source who may or may not be regarded as a government source, " Pincus' filing said. "With the exception of the one individual who may or may not be regarded as a government source, none of my sources released me from my pledge of confidentiality. I am prepared to answer questions identifying the source who released me from my pledge of confidentiality."

Eric Lieberman, Post associate counsel, declined to comment on the case, and would not identify that lone source who granted permission to be identified to the court. He also would not say how many sources Pincus had in the case.

Pincus acknowledged that it was unusual for the judge to direct him to ask his sources for permission to reveal their identities. "It's different," he told E&P Monday. "I think it is a fallout from the [Judy] Miller case."

Pincus was held in contempt on Nov. 16 for refusing to disclose the sources to Lee's attorneys in the civil case, in which Lee, a former government scientist, is suing the federal government for allegedly disclosing private information about an investigation into whether he stole government secrets. The investigation resulted only in a charge against Lee for mishandling classified information, to which he pled guilty in 2000.

Following the contempt charge, Pincus also was fined $500 per day, a penalty that has been stayed pending an expected appeal of the ruling by Post attorneys, Lieberman said.

Pincus is one of five reporters who have been ordered to reveal sources in the case. The other four journalists, from The New York Times, Los Angeles Times, Associated Press, and CNN, face similar fines for refusing and have had their appeals of those fines denied.