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Hatfill seeks journalists' sources in anthrax-leak lawsuit

By The Associated Press
07.05.07

WASHINGTON — Lawyers for a former Army scientist once identified as "a person of interest" in the 2001 anthrax attacks want a judge to order journalists to identify law enforcement sources who leaked details about the investigation.

In a lawsuit, Steven J. Hatfill accuses the Justice Department of violating the federal Privacy Act by giving the news media information about the FBI's investigation of him. Hatfill is seeking an unspecified monetary award.

His attorneys want several reporters to reveal the identities of law enforcement officials who were cited anonymously in stories about the investigation. The journalists contend that the First Amendment and a federal common-law privilege shield them from having to disclose the names.

U.S. District Judge Reggie B. Walton began hearing arguments on July 3 and is expected to hear more next week before ruling.

Five people were killed and 17 were sickened by anthrax that was mailed to lawmakers on Capitol Hill and members of the news media in New York and Florida just weeks after the Sept. 11, 2001, terrorist attacks. Hatfill, who worked at the Army's infectious-diseases laboratory at Fort Detrick, Md., from 1997 to 1999, was publicly identified as "a person of interest" in the investigation by then-Attorney General John D. Ashcroft.

The case remains unsolved.

Hatfill's lead attorney, Charles Thomas Kimmett Jr., said his client needed to know who the sources were in order to prevail in his lawsuit.

Lawyer Kevin T. Baine, representing The Washington Post, Newsweek and ABC-TV, said the journalists were acting in the public's best interest by covering the anthrax investigation and therefore should be allowed to protect the identities of people who helped them with information.


Update
Federal judge orders 5 reporters to reveal sources in anthrax case
Court rejects arguments that First Amendment, common-law privilege shield journalists from having to testify about who leaked details of FBI probe. 08.14.07

Related

2 reporters questioned by scientist's attorneys refuse to ID sources

Steven Hatfill's lawyers plan more subpoenas for journalists in effort to get names of government workers who leaked information in anthrax probe. 04.12.06

N.Y. Times again ordered to disclose sources for anthrax reporting

Federal judge upholds last month's ruling in effort by former Army scientist Steven Hatfill to learn who leaked his name to columnist. 11.03.06

Judge bars N.Y. Times from using info from 2 sources in lawsuit
Steven Hatfill's right to proceed with his libel action outweighs journalists' limited ability to protect confidential sources, federal magistrate rules. 11.20.06

Federal judge explains dismissal of anthrax libel suit
Opinion: New York Times columnist Nicolas Kristof didn't act with malice when writing about Steven Hatfill, 2001 anthrax attacks. 02.02.07

Ongoing confidential-sources cases
By Bill Kenworthy Compilation tracking current cases involving efforts to force journalists to disclose confidential sources. 08.04.05

Protecting reporters' privilege?
By Alicia Armbruster Study finds current version of bill proposing federal shield law would solve key concerns among journalists trying to protect confidential sources. 04.12.07

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