Posted on: Thursday, September 30, 2004

EDITORIAL
Reporters' privilege threatened in leak case

An inquiry into who leaked the name of a covert CIA agent to columnist Robert Novak has taken a disturbing and somewhat curious turn.

There were allegations that the woman's name was deliberately leaked to undermine the credibility of her husband, former ambassador Joseph Wilson IV, who had criticized the Bush administration's Iraq policies.

Special Prosecutor Patrick Fitzgerald has been particularly vigorous in pursuing this case of leaking information, and for good reason. It is a felony to disclose an agent's identity.

Since the law is aimed directly at those with access to classified information, the New York Times reports, it is not generally thought to apply to those without such access, such as reporters.

But by all accounts, Fitzgerald's focus appears to have shifted to reporters rather than officials who might have been the source of the leak.

A number of reporters, some of whom had nothing directly to do with the leak of the CIA agent's name, have been summoned to talk with Fitzgerald and his investigators.

Thus far, there has been no major confrontation, since previously confidential sources have granted the reporters permission to testify.

But that's hardly encouraging, since the officials may have relinquished their confidentiality under fear of discipline.

The end result is a growing precedent in which prosecutors can wipe out a reporter's pledge of confidentiality and then call him or her in for what, in effect, is a fishing expedition.