The first time around, scientist Steven Hatfill subpoenaed Newsweek’s Michael Isikoff and Daniel Klaidman, ABC’s Brian Ross, The Washington Post’s Allan Lengel, CBS’s Jim Stewart, and USA Today’s’ Toni Locy.
But he ain’t done yet:
This time, Hatfill has subpoenaed eight news organizations, including three that he didn’t before — The New York Times, The Baltimore Sun, and the Associated Press. The subpoenas require organizations to turn over documents relating to Hatfill, from email contacts to notes to company policies about confidential sourcing. They also mandate that a representative of each company appear for a deposition at the office of Hatfill’s lawyers on various dates over the next two weeks.
Hatfill has yet to ask Walton to compel the individual reporters to identify their sources. It’s unclear whether he will subpoena more individual reporters this time around, but court documents indicate the names of 22 journalists whose bylines appeared on articles related to Hatfill.
For the Justice Department, this is already going too far. “The court should reject this attempt to expand discovery,” prosecutors wrote.
Lawyers for the various news outlets say they have yet to decide how they’ll respond to the subpoenas. For now, says Kevin Baine, a partner at Williams & Connolly who represents the Post, Newsweek, and ABC, “We’re not going to be in initial responses handing over anything or giving testimony that identifies sources.”