Judge: USAToday reporter in contempt, must personally pay fines
I noted two weeks ago that a federal judge had decided to hold a USAToday reporter in contempt of court for refusing to name sources who fingered former Army scientist Steven Hatfill as a possible suspect in the 2001 anthrax attacks that killed five people.
He had postponed imposing penalties pending an appeal by the reporter, Toni Locy. But tonight, via AP, the judge ordered Locy to start paying up:
A federal judge held a former USA Today reporter in contempt Friday for refusing to identify her sources for stories about a former Army scientist under scrutiny in the 2001 anthrax attacks.
U.S. District Judge Reggie B. Walton said Toni Locy must pay fines of up to $5,000 a day out of her own pocket as long as she continues to defy his order that she cooperate in scientist Steven J. Hatfill’s lawsuit against the government.
Hatfill accuses the Justice Department of violating his privacy by discussing the investigation with reporters.
Starting at midnight Tuesday, the fines will be $500 a day for the first week, $1,000 a day for the second week and $5,000 thereafter until she appears before him on April 3.
“To maximize the potential that Ms. Locy will ultimately comply with the court’s order … Ms. Locy is required to personally bear the responsibility of paying the fine the court imposed,” Walton wrote.
Locy “is precluded from accepting any monetary or other form of reimbursement,” the judge added.
Judge Walton said two weeks ago:
“I don’t like to hold anyone in contempt,” Walton said. “I fully appreciate the importance of a free press. On the other hand, the media has to be responsible.”
Looks like he meant every word.
A reminder of another statement he made:
“There’s not a scintilla of evidence to suggest Dr. Hatfill had anything to do with it,” the judge said, yet the public notoriety has “destroyed his life.”
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Trackbacks
- Neocon News » Daily Quick Hits 3/7/08
- Should we create a constitutional right protecting reporters? « Cowardly political musings…
- Dave Lucas' Notes
- Reporters Deserve No Special Treatment « Tai-Chi Policy
- Reporter required to pay up or stop shielding leaker » Pursuing Holiness
- Doxycicline.
- Michelle Malkin » The anthrax case, the media, and the innocent
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Judge Walton does honor to the federal bench.
My god it’s so nice to see and hear of some positive action by a federal judge…it’s been way too long. Can Judge Walton become a traveling judge, looks he could be used all over the country.
Yet again you bring a smile to my face a happiness to my heart Michelle….these are the type of good news stories I can get behind
Ruh Roh, did he say the press has to be responsible?
It really is very refreshing in a lot of ways. While we should be able to enjoy those rights granted to us by the Bill of Rights, we must maintain a system of personal responsibility in order to be certain that we can continually enjoy our (rapidly declining) freedoms.
Typo.
I hope others follow his example.
Yup, free press is essential but transparency guarantees honesty, equally essential.
I hope the Judge makes the USA Today and Tony Loci give it up, after the fines get to be pretty hefty.
If the leak turns out to be someone in the Justice Department they should be prosecuted.
Hatfill should be the beneficiary of these fines. They should go into paying legal fees incurred. Then he should sue the pants off of the informant.
Now they need to start doing this to reporters who quote unnamed sources on classified issues.
How refreshing. A judge with a brain and guts and a reporter being held accountable. It gives me hope.
HALLELUJAH!
Furthermore, I am in SHOCK!
And THAT is NOT easy to do!
Justice is the healing balm.
Oops!
whooo hooo its about time!!!!
People that leak sensitive information usually have some other agenda. Whether it is self-gratification or revenge.
Secrets are secrets and should be kept that way. The constant presumption of guilt in the press is dangerous and needs to be curbed. This decision is a start. To ruin a persons career and life in search of the “scoop” is the wrong way to proceed. If good evidenceis available it should be taken to the authorities and followed up, not presented and tried in the public press.
Just my two cents.
You cannot destroy a man’s life and scurry behind ashield of immunity. For too long, the press has convicted innocent people before a legal trial. Once the seed is planted, there is little anyone can do to salvage a person’s reputation or livelihood. The only recourse one has left at that point is to hold others accountable for the destruction they have wrought.
This is the correct decision, and it should send a clear message to those who trade on rumor and innuendo, or hide behind the cloak of anonymity. Spreading rumors, falsehoods and lies have consequences.
Does anyone know who appointed this clear thinking law and order judge?
Michael Savage is in a fight against CAIR that will benefit the USA if he wins this case for all of our rights against the ilk from CAIR, ACLU, etc., etc. Savage has the misfortune of going before a Clinton appointed judge, in San Francisco.
Talk about against all odds.
I’m all in favor of a free press and we going to need it for the next few years. Defamation of character and libel are 2 things, that are not part of a “free press” or free speech, so I’m with the judge on this case. However, if I was a judge, such cases would cause me to think very carefully on any decision, regarding free press, that I would have to make. Short term benefits are obvious; long term consequences need to be considered. A ruling can be twisted and used by the socialists to benefit their own agenda.
A ray of hope in the day of character assassination.
When Frank Rich reads this, he’ll be madder than that time he had tonsillitis on Valentine’s Day.
U.S. District Judge Reggie B. Walton, there’s a name we have to remember. Thank you Judge Walton, you are a credit to your profession.
-*I’ll believe it when it fails on appeal to the Supreme Court, where it is sure to go…..
The arrogant media finally put in their place.
Some will argue that this is censorship, etc.
There’s great freedom of speech in this country, but you can’t destroy someone’s life over getting a “scoop” for your own ego purposes.
Be careful what we wish for.
A Walton Rule will buttress the media’s double standard in a big way, by shutting down some sources, but not other sources.
If it holds up and spreads, we won’t like the results, roughly: a) sources for stories that help conservatives will be outed and punished whenever possible. They will stop talking. cf, Scooter Libby. b) sources that help the left will be free-passed or knuckle-rapped … Sandy Berger’s coddling; NPR’s source for Anita Hill’s “confidential” accusations; et cetera times 1 million.
USAT should be able to pay the contempt penalty. USAT also is where Hatfill should get compensation for a terrible injustice. If the paper wants to disclose its source, perhaps for help in paying, that should by the paper’s decision, not Walton’s. Remember: neither the source nor reporter published the story. No publication, no harm. Hatfill’s beef is with USAT.
Most Washington stories with law enforcement or intelligence sourcing are left-versus-right stories. Under a Walton Rule, left sources will keep talking because they know nothing will happen, or next to nothing. Conservative sources will shut down because they know the new rule will hunt them down like radar whenever possible.
Some people value their integrity. It appears that this reporter has none.
Send the Judge to the Gray Lady’s office. He’d have a life-long job there.
Moe,
I agree that this ruling could be a double edged sword. But, I disagree that the reporter has no blame in this. The reporter wrote the story. The reporter knows who the source is, and spoke with that source, and the reporter was ordered to give up her source. She — so far — has refused. She’s now finding out that it’s not a good idea to get into a P-ing contest with a federal judge… no matter who she is, and how sacred she feels her source’s anonymity is.
Now, if we could just get the justice department to prosecute intellegence leaks. Why aren’t they going after the NY slimes and their sources for their stories about NSA programs?
Jim C
It is about time reporters, and the media in general, started being held to the same standards of accountability they advocate for others in our society like conservative politicians, business leaders/entrepreneurs, the U.S. military, and the average citizen.
At what point along the line did the press forget the old adage, “The pen is mightier than the sword?” Worse yet, when did they lose touch with its meaning?
Innocent peoples’ lives have been, are, and forever will be ruined if the press/media doesn’t get over itself, and its arrogance at being given “special” mention in the Constitution, and starts to show some responsibility.
So the pendulum swings the other way…it was bound to happen. Big Media has used “freedom of the press” as a hammer for their preferances too long.
Actually with the blogsphere there is no reason for Big Media any more, thats where I get my news.
Would be nice if we also knew who leaked all that other stuff to the NYSlimes. Judge Walton in the case has done the right thing.
This is a good first step… lets see what happens to the “source”.
My guess is that Hatfill is getting a lot of calls from lawyers at this very moment…
This is going to fire up the federal shield law proponents. I hope it fires up those that oppose it as well.
Leaks from EITHER side should stop. If only the ones from the right are stopped that’s still 50% of the leaks stopped that shouldn’t have been allowed in the first place. Some things are more important than political tit-for-tat.
Considering how much Hatfill’s legal bills must be, Locy is getting an idea of what he’s going through. It’s fair.
This is probably driving the MSM crazy. How dare somebody hold them accountable for what they do and say.
While I do enjoy seeing the MSM hoisted on their own petard, I have no love for Steven Hatfill and am unconvinced of his innocence in the anthrax case. If you listen to the FBI agents on the case, they are absolutely convinced he is guilty. If your friend or relative was exposed and killed by the anthrax how would you feel if the likely suspect was still at work in the U.S. government lab working with those bio-weapons?