The AP's being investigated by a grand jury for who they coordinated with in Congress over the leak.

[leveymg]

63. OP- Please cite a source for your claim that a subpoenaed witness cannot publish an subpoena

I've looked around without success for authority that confirms your claim that a Grand Jury subpoena cannot be published, particularly in the DC Circuit in Nat'l Security cases.

In fact, the only source I could find that references the confidentiality of federal Grand Jury subpoenas states the opposite. Witnesses can reveal that they have been subpoenaed, even if prosecutors sometimes warn them not to: http://corporate.findlaw.com/litigation-disputes/federal-grand-jury-crash-course.html


4. GRAND JURY SECRECY FOR THE WITNESS. Federal grand jurors, grand jury court reporters and the prosecutors running the federal grand jury are under a strict duty to keep any “matter occurring before the grand jury” a secret. This duty is codified in Rule 6(e) of the Federal Rules of Criminal Procedure. Violations of this rule can result in sanctions or criminal contempt. The rule of federal grand jury secrecy does not apply to federal grand jury witnesses. If you are a federal grand jury witness, you have the right to tell the whole world about your grand jury testimony. But some federal prosecutors attach cover letters to grand jury subpoenas, informing the witness that revealing the contents, or even the existence, of the subpoena “may impede” a criminal investigation. These cover letters then “request” that the witness not disclose the subpoena (and/or the documents requested in the subpoena) and ask the witness to notify the prosecutor if the witness has any “problems” with the non-disclosure. You should by no means put up with this nonsense. When my clients receive a cover letter like this, I usually write a polite response to the prosecutor or the case agent including the following language: “Your cover letter requests non-disclosure of the subpoena (and/or the documents requested in the subpoena) and asks to be notified if there are problems with such non-disclosure. I am reluctant to have my client take on a formal affirmative obligation, regarding either non-disclosure of the subpoena or notification of problems with such non-disclosure, beyond the requirements, if any, found in Fed. R. Crim. P. 6(e) or in some other statutory or court authority you can point me to. Rest assured, however, that my client has absolutely no desire to compromise your investigation or to publicize the existence of either the subpoena or your investigation.”

5. GRAN
5. GRAND JURY SECRECY FOR THE GOVERNMENT. As mentioned, Rule 6(e) prohibits the government from revealing “a matter occurring before the grand jury.” This prohibition of course covers the content of federal grand jury testimony. But it goes much further. The government cannot even reveal that you appeared before the federal grand jury or that you have been subpoenaed or scheduled to appear. Many prosecutors and agents get sloppy about this and reveal that a person or company has been subpoenaed. In addition, some federal grand juries have waiting rooms where multiple witnesses are invited to wait until they are called. In these situations, each witness is told, in effect, that the other witnesses waiting with him have been summoned to appear “before the grand jury.” On other occasions, members of the press, who know what day the federal grand jurors meet, have been tipped off to be at the courthouse entrance, so that they can see a grand jury witness enter and draw the obvious conclusion. Your white collar criminal defense attorney should be vigilant in guarding against these abuses and should warn the federal prosecutors handling your case not to violate grand jury secrecy with such maneuvers.