United States pursues New York Times reporter James Risen's testimony for years before dropping its demand for his source

For years, federal prosecutors sought New York Times reporter James Risen's testimony identifying a confidential source in a CIA leak case; the Supreme Court declined to hear his appeal, but Attorney General Eric Holder ultimately chose not to force him to testify or name the source.¹²³⁴

Country

United States (RSF 2026 rank: 64th of 180)

Where

United States

Level of government

National

Tactics

Surveillance and subpoenas, Secrets and espionage laws

Stage

Punish (see the ladder)

Head of government at the time

Barack Obama

Issue of the day

A 2006 book account of a botched CIA operation meant to disrupt Iran's nuclear weapons program.

Outcome

Reversed, October 17, 2014. After the Supreme Court declined to hear Risen's appeal, the Justice Department chose not to compel his testimony or the identity of his source; Sterling was convicted without it.

Era

The 2010s

What happened

James Risen, a reporter for The New York Times, wrote in a 2006 book and in earlier newspaper articles about a botched CIA operation aimed at Iran's nuclear program, citing an unnamed source. Federal prosecutors identified former CIA officer Jeffrey Sterling as a suspect and, starting in 2008, subpoenaed Risen to testify before a grand jury and later at Sterling's trial, seeking to make him confirm Sterling was his source. Risen refused and fought the subpoena through the courts; the U.S. Court of Appeals for the Fourth Circuit ruled in 2013 that reporters had no First Amendment privilege to withhold a source's identity in a criminal case, and the Supreme Court declined to hear his appeal in 2014. Attorney General Eric Holder then approved only a limited subpoena that did not ask Risen to identify his source, and in October 2014 said prosecutors would not force him to testify at all. Sterling was convicted in January 2015 using other evidence, without Risen's testimony.¹²³⁴

What reason was given

Prosecutors said Risen's direct testimony was necessary to prove Sterling was his source; Attorney General Eric Holder said of the resolution, "the way in which that case was handled after the new policies were put in place [is] an example of how the Justice Department can proceed."¹

What changed for reporting

Risen faced years of legal jeopardy, including the threat of jail for contempt, before prosecutors relented; the case became a benchmark for how far the government would press reporters to identify sources in national-security leak prosecutions.²

Timeline

Who acted

Outlets and journalists

Sources

• The James Risen case and Eric Holder's tarnished press freedom legacyFreedom of the Press Foundation, 2014-10-17, reporting. Source record
• Official: Prosecutors will subpoena reporter James RisenCBS News, 2014-01-16, reporting. Source record