UNITED STATES
WHEREAS
U.S. District Court judge Thomas F. Hogan ordered in May journalists Matthew
Cooper, from Time Magazine and Tim Russert, from NBC; in August, Walter Pincus,
from The Washington Post and in October, Judith Miller, from The New York Times,
to testify before a grand jury to disclose confidential sources to prosecutors
investigating the leak of a CIA operative's identity, Valerie Plame, which was
originally revealed by columnist Robert Novak of The New York Times in July
of 2003, under the threat of holding the journalists in contempt of court as
well as impose fines
WHEREAS
Federal Judge Hogan ordered in October The New York Times reporter Miller to
jail for refusing to testify before the grand jury about conversations with
a confidential source but suspended the order pending her appeal and whose incarceration
could be up to 18 months for contempt or until she testifies. Miller never wrote
about Valerie Plame, the presumed CIA operative, who is married to former U.S.
diplomat Joseph C. Wilson IV
WHEREAS
Judge Hogan ruled that reporters do not have an absolute First Amendment privilege
not to testify about confidential sources, and that special prosecutor in the
case, Patrick J. Fitzgerald, had exhausted other sources before subpoenaing
Miller
WHEREAS
Time reporter Matthew Cooper, who has been subpoenaed in the investigation,
has agreed to testify in limited circumstances, forcing him to seek release
from the promise of confidentiality of his sources. Cooper had been ordered
to jail and fined $1,000 a day by Hogan on Aug. 9 for refusing to testify. While
Cooper was free pending an appeal, he agreed to testify about conversations
he had with Lewis "Scooter" Libby, Vice President Dick Cheney's chief
of staff, after Libby waived their confidentiality agreement. He was then subpoenaed
again
WHEREAS
on October 8th, Miller and The New York Times Executive Editor Bill Keller said
they would not agree to provide testimony even under those circumstances
WHEREAS
Tim Russert, from NBC, was called to appear in May, and although he appealed
the subpoena, when unformed that the judge had ruled against the appeal, was
forced to acquiesce to questioning. Meanwhile, Walter Pincus, from The Washington
Post, recently received the same court order
WHEREAS
Judge Thomas Penfield Jackson, from Washington, placed the journalists H. Josef
Hebert, from the Associated Press, James Risen and Jeff Perth, from The New
York Times, Robert Drogin, from Los Angeles Times, and Pierre Thomas, from ABC,
in “contempt of the court” and set fines of $500 for each day they
refuse to reveal their sources from reports made on Wen Ho Lee, a nuclear arms
scientist who was under suspicion for espionage
WHEREAS
Principle 3 of the Declaration of Chapultepec, states "The authorities
must be compelled by law to make available in a timely and reasonable manner
the information generated by the public sector. No journalist may be forced
to reveal his or her sources of information"
THE GENERAL
ASSEMBLY OF THE IAPA RESOLVES
to ask that
the public’s right to know and the right to receive information and the
journalists’ right to protect their sources be respected, safeguarding
confidentiality of the news source
to urge
the American authorities not to utilize the media as an extended arm of their
law enforcement activities by compelling them to reveal their privileged information
and thus, avoiding the “chilling effect” detrimental to freedom
of the press as guaranteed under the First Amendment.