'S.F. Chron' Fights Fed Demands for Sourcing Info in BALCO Probe

By: Joe Strupp In the latest apparent assault on reporters' confidentiality, the San Francisco Chronicle is fighting a U.S. Attorney's office request for documents and sourcing information related to its coverage of the explosive federal BALCO steroid investigation. Editor Phil Bronstein said today the paper has already sent two letters to investigators denying the requests.

The letters "basically say we don't need to comply with the requests," said Bronstein, who met Wednesday with Hearst Corp. General Counsel Eve Burton to discuss the issue. "It is going to be a case where we support fully our reporters' right to protect confidentiality of sources."

Bronstein also questioned the timing of the demands for confidential material in light of recent contempt rulings against reporters in two other cases in Washington, saying they smack of a coordinated effort. "Clearly there is something going on on a national basis," he told E&P. "The overall effect is very troubling.

"If court rulings are going against us and we are facing fines and jail time on a regular basis, it will hamper our ability to do our job," he said. "The atmosphere has changed. We have not seen this before."

The other cases include the civil lawsuit brought by former Los Alamos scientist Wen Ho Lee against the federal government and the federal grand jury probe into who leaked the identity of CIA officer Valerie Plame.

In the Chronicle (Click for QuikCap) situation, the paper received two letters last month from the local U.S. Attorney's office seeking a copy of the BALCO grand jury testimony transcripts that the Chronicle wrote about in recent stories, as well as information about the identity of the source that provided the transcripts, Bronstein said. San Francisco Giants slugger Barry Bonds is one of several athletes rumored to be under investigation for possibly taking performance-enhancing supplements from BALCO.

One of the letters was received by reporter Henry Lee on July 28, while the other went to reporters Lance Williams and Mark Fainaru-Wada on July 29. The paper responded with letters denying the requests on Aug. 2 and Aug. 5.

"That's always where it starts," Bronstein said about the letters from the investigators. "They have to show they are negotiating in good faith. We are trying to discuss with them whether they want to pursue this through the reporters and continue to insist getting the information from the reporters."

Burton, who could not be reached for comment, also met with investigators from the U.S. Attorney's office on Wednesday, according to Bronstein, who said he did not attend the meeting. The editor informed his staff of the developments in a memo sent out today, which also appeared on the Romenesko site at Poynter.org.

The memo includes a reminder to staffers not to speak with any law enforcement representatives who call for information. "Please do not offer even what seems like the most innocuous comment," the memo said in part. "You should instead immediately tell your supervisor, who will make sure our newsroom counsel gets involved."