Obama: ‘No Apologies’ For Investigating Leaks Of Classified Information

[JDPriestly]

66. I am aware of Smith in which the Supreme Court held that pen registers could be subpoenaed.

Do you know of a case that specifically dealt with whether the pen register of an organization enjoying First Amendment rights could be subpoenaed.

I have been concerned for a long time (since I first heard of the Patriot Act) about the ability of the government to obtain through a back door information about potential witnesses and strategy in law suits and criminal cases by subpoenaing such records from a phone company or internet provide from a lawyer. Alternatively, a government attorney or agency could, theoretically or simply put and attorney under surveillance.

While I understand the rulings about pen registers in general, I really wonder what the ruling would be when the right of the government to information about the dates and times of calls conflicted with the rights of clients to confidentiality in their trials, to confront witnesses and to remain silent. This AP situation presents a similar question about who prevails when the right to freedom of the press conflicts with the government's right to subpoena or obtain phone and similar records.

Do you know whether there is established law on this?

I am not directly involved in this. It is just of intellectual interest to me.