Obama doubles-down w/NYTs James Risen: rat on your sources or 'Go straight to jail. Do not pass go'

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5. Another story used to confuse people who don't understand the issues:

There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings about criminal conduct that the reporter personally witnessed or participated in, absent a showing of bad faith, harassment, or other such non-legitimate motive, even though the reporter promised confidentiality to his source. In Branzburg v. Hayes, 408 U.S. 665 (1972), the Supreme Court “in no uncertain terms rejected the existence of such a privilege.” In re Grand Jury Subpoena, Judith Miller, 438 F.3d 1141, 1146 (D.C. Cir. 2006).