Michael Berry, a lawyer for Levine Sullivan Koch & Schulz, has a provocative piece at the First Amendment Center on media issues surrounding the Scooter Libby/Valerie Plame leak case.
A special prosecutor investigated a breach of “national security,” then used a subpoena to probe reporters’ sources. Yet no national security crime was committed. House conservatives passed a bill to shield reporter’s privilege last fall. But, the law was stalled by conservatives arguing that a shield law could stymie future national security cases.
Berry asserts that shield law must pass. “The Plame leak never should have sparked subpoenas to the press. That is one of the certain legacies of Libby’s case, and it should live on in a federal shield law with conservative support.”