Prof. Kirtley Quoted on Third-Party Subpoenas Seeking Reporter's Records

Professor Jane Kirtley was quoted on Politico and in the St. Louis Beacon describing how the U.S. Justice Department used subpoenas to obtain New York Times reporter James Risen's credit reports, bank, telephone and other transactional records as part of an espionage investigation involving a former CIA officer. Kirtley called the use of third-party subpoenas "really invidious" because they risk disclosing information relating to other confidential sources unrelated to the investigation, posing a "Hobson's choice" for journalists. "Human nature being what it is, the likelihood that the FBI would be interested in information about another [journalistic] investigation or subject is just huge," she added.