General Discussion
In reply to the discussion: The Invisible Man: Jeffrey Sterling, CIA Whistleblower [View all]msanthrope
(37,549 posts)lawyer, prosecution or defense--when the witness is available, courts generally eschew prior testimony and call to the stand, as per the FRCP. There are only a few notable exceptions. That isn't something evil on part of the government....it's good and proper lawyering.
Now, I think the judge made a reasonable decision on 5th amendment grounds that precluded an appeal point for the defense, whilst still allowing for conviction.
FYI--it would not have been a disaster for the government for Risen to testify because the "lies and misinformation" aspects would have been excluded as not relevant. You really think that this particular judge was going to put up with Mr. Risen's nonsense?
As for the "real world" reporting on this..... you do realize that the "reality" of the situation for Mr. Sterling lies not in blog posts from common dreams but in the court papers? Specifically, the 9 count conviction sheet. He's facing life. And all the damn blog posts in the world ain't gonna change the law.
And let me be clear on this--this particular judge isn't going to come down on him for leaking.....but she will come down on him for being the case officer who betrayed his own agent.