The U.S. Department of Justice wants me to testify against Jim Bell, in a criminal trial beginning the week of April 2 in Tacoma, Wash. Two Treasury Department agents served me with a trial subpoena on March 8 (ignoring federal regulations that say negotations with media must take place before a subpoena is served). Bell is accused of stalking federal agents, including using the Internet to perform background checks on ones he believed to be harassing him, and has plad not guilty.
Wired News has retained Gibson, Dunn & Crutcher, and we filed a motion on March 29 to quash the subpoena. I don't believe that I should be testifying against my sources, and to take the stand on behalf of the DOJ is far from appropriate for an independent journalist. Stay tuned.
-Declan McCullagh (March 30, 2001)
April 8, 2001 update: The judge denied our motion to quash, and I took the stand but did not answer questions except to say the articles were accurate. See a report.
April 9, 2001 update: Here's a list of articles on the trial.
November 25, 2001 update: Here's a transcript of my testimony.
Motion to quash
Declan McCullagh motion to quash (MSWD) (3/29/2001)
Declan McCullagh declaration (3/29/2001)
Summary of law in 9th circuit
DOJ regulations on sending subpoenas to journalists
Email from IRS' Jeff Gordon (3/9/2001)
Email from DOJ's Robb London (3/9/2001)
Subpoena served notice (3/8/2001)
U.S. v. Bell Round 1
Jim Bell document archive
Judge Delays Bell's Sentencing John Brnaton, The Columbian (11/21/1997)
Terrorism's Next Wave by David Kaplan, from U.S. News & World Report (11/17/1997)
Anonymous article claims 60 Minutes reporter was threatened (3/3/2001)
John Young of cryptome.org's account of testifying before grand jury (1/28/2001)
John Young correspondence with grand jury (1/26/2001)
John Young served with trial subpoena (2/26/2001)
DOJ charges Bell with more crimes (1/31/2001) John Young on private vs. public documents (1/27/2001) John Young served with grand jury subpoena (1/8/2001)
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