Los Angeles News

Judge Says Reporter Doesn't Have To Name Sources

A Santa Ana judge declined today to order a reporter, who invoked his 5th Amendment protection against testifying, to reveal his source for information in a 2006 story on a grand jury probe into a conspiracy to send sensitive information to China.

Washington Times investigative reporter William Gertz was called by U.S. District Judge Cormac Carney in response to a motion filed on behalf of Downey resident Rebecca Chiu, who was named in the indictment and later pleaded guilty to federal charges. Chiu's attorney, Stan Greenberg, argued she was harmed by the story.

During the hearing, Gertz' attorney, Charles Leeper, said his client should not be required to answer questions.

He argued that prosecutors had not thoroughly investigated the so-called leak, and that questioning Gertz now is premature. He also said Gertz's story revealed no more information than what prosecutors had revealed in court.

Leeper also revealed that his client was handed a letter this morning from the Department of Justice, telling him that he will get a subpoena regarding a grand jury investigation into allegations of a leak in classified information.

Carney ruled that he would move forward with an inquiry as to how Gertz's ability to interview sources would be compromised by revealing a source.

But when both Carney and Greenberg questioned Gertz, the reporter declined to answer the questions.

The judge said that in light of the new information that Gertz had been threatened with a subpoena by the government, he would not order the reporter to reveal his source for the story on new charges brought against Chiu and her husband Chi Mak, an engineer for an Anaheim defense contractor, and other members of his family.

"It's clear to me that Mr. Gertz predicted with 100 percent accuracy the new charges," Carney said. "That just doesn't happen by coincidence.

Someone was talking to him, telling him what was happening before the grand jury."

But noting the letter, Carney also said he understands Gertz's reluctance to answer any questions in light of the government's warning that it is looking into a leak of classified information.

"The classified information leak is not before me," Carney said. "I see no upside in me getting into that now."

Carney also said that the information in Gertz' article hurt no one.

"It did not interfere with the function of the grand jury or cause harm to anyone," Carney said.

He noted that members of the Mak family had already been indicted at the time.

Mak, a former electrical engineer at Power Paragon Inc., was ultimately convicted of conspiracy to export U.S. defense technology to China and sentenced to 24 1/2 years in prison.

Chiu pleaded guilty to one count of acting as a foreign agent without registering and awaits sentencing.

Mak's brother, Tai Mak, was sentenced to 10 years in prison for his conduit role.

Greenberg said outside the courtroom that the government's report on the purported leak states that 500 people were interviewed and the source of information could not be found.

"It's (the leak) something that happened that was wrong and it should be remedied, but it probably won't be," Greenberg said.

He said the leak is "embarrassing" to the government, and that word of a grand jury investigation into a leak of classified information is "likely to go nowhere. It's just a threat."

Greenberg said Gertz's refusal to testify is "pretty predictable, given the letter."

Jay Bratt, who was appointed by the U.S. Attorney General to head the investigation into the possible leaks, was present in court, but said he was not authorized by the Department of Justice to participate in the hearing and had no comment on the letter.

Carney said freedom of the press is imperative to the interests of the public in a free society.

Gertz was assigned to the story, Carney said, and "he's got a duty and an obligation to report on any developments, especially (on) new, more serious charges."

"Based on the record before me, Mr. Gertz will not be ordered to reveal his sources," Carney said.

Greenberg said outside the courtroom that he might appeal Carney's ruling.

In court papers, Gertz said protecting the confidentiality of his sources was essential to his future ability to work and that forcing him to divulge his sources would infringe on his First Amendment rights.

"The provision of any additional information about the source(s), the circumstances under which the information was provided, or the development on the May 16, 2006, article, would surrender the very protection that the First Amendment and the reporter's privilege are intended to guarantee," according to a declaration filed by Gertz's attorneys.

Senate Majority Leader Harry Reid, D-Nev., has said he hopes the Senate, before its August recess, will approve a federal "shield law" to protect reporters.

The bill has drawn opposition from the Bush administration. Department of Homeland Security Secretary Michael Chertoff has written letters to several senators, contending the bill would be "disastrous to the government's ability to detect, investigate and ultimately stop criminals, terrorists and others who want to harm this nation," according to the Politico.com Web site.