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Independent Journalist Josh Wolf Resists Grand Jury
JOSH WOLF, A SAN FRANCISCO INDEPENDANT JOURNALIST FACES FEDERAL
IMPRISONMENT FOR REFUSING TO COMPLY WITH A FEDERAL
GRAND JURY. THE GRAND JURY IS DEMANDING HE DISCLOSE AN UNEDITED VIDEO
TAPE OF A PROTEST IN SAN FRANCISCO LAST YEAR, WHERE A POLICE CAR WAS
ALLEGEDLY BURNED.
IMPRISONMENT FOR REFUSING TO COMPLY WITH A FEDERAL
GRAND JURY. THE GRAND JURY IS DEMANDING HE DISCLOSE AN UNEDITED VIDEO
TAPE OF A PROTEST IN SAN FRANCISCO LAST YEAR, WHERE A POLICE CAR WAS
ALLEGEDLY BURNED.
Listen now:
JOSH WOLF SAYS IT IS HIS CONSTITUTIONAL RIGHT NOT TO DISCLOSE HIS UNPUBLISHED MATERIALS OR HIS SOURCES.
WOLF FACES UP 18 MONTHS IN PRISON FOR REFUSING TO HAND OVER VIDEO FOOTAGE OF LAST YEAR'S G-8 PROTEST IN SAN FRANCISCO TO A FEDERAL GRAND JURY.
TO HEAR THE FULL STORY CLICK ON THE LINK BELOW.
Listen now:
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He has no such right under federal law. California has a shield law. There is no federal shield law, and since this case is in federal court with a federal judge, federal law will be used in his case.
The prosecutors have gone along with this because the judge is going to try to have them offer immunity to Josh in exchange for his video and testimony. If he is offered immunity, and still won't turn over the video, then he goes to jail.
If he's not offered immunity, he's in contempt anyway, and will more than likely go to jail. Josh is "resisting" nothing. He has a choice to make - comply or be jailed.
The prosecutors have gone along with this because the judge is going to try to have them offer immunity to Josh in exchange for his video and testimony. If he is offered immunity, and still won't turn over the video, then he goes to jail.
If he's not offered immunity, he's in contempt anyway, and will more than likely go to jail. Josh is "resisting" nothing. He has a choice to make - comply or be jailed.
In the original post, it says a police car was allegedly burned. Even with word "allegedly", this is false. The government is not attempting to get evidence on a burned police car, because no police car was burned--even the police say "no police car was burned ot damged". What they are trying to get evidence on is the ATTEMPTED burning of a police car. This is not detective work, but mind reading.
And as for the commenter, O2930, he is techincallly right, but in essence wrong. There IS a federal regulation that of a limited shield for reporters. The Assistant US Attorney must do 2 things to demand a reporter testify-neither of which he has done: 1) Show that all other methods of attempting to gather the evidence he/she is looking for, have been already employed, and 2) Get approval from the Attorney General that this is an important enough case to break general public policy of reproters not being an investigational arm of the prosecution. I repeat: Neither of the two requirremnts of Federal Regulations has been done.
And as to whether Josh is resisting nothing, of course not. Even if the government goes thru all of their legal and regulatory burdens and comes back to Josh, and Josh refueses, He is a principled person and his resistance should be upheld. There are many reasons the grand jury system is rotten. And plus nobody likes a snitch.
And as for the commenter, O2930, he is techincallly right, but in essence wrong. There IS a federal regulation that of a limited shield for reporters. The Assistant US Attorney must do 2 things to demand a reporter testify-neither of which he has done: 1) Show that all other methods of attempting to gather the evidence he/she is looking for, have been already employed, and 2) Get approval from the Attorney General that this is an important enough case to break general public policy of reproters not being an investigational arm of the prosecution. I repeat: Neither of the two requirremnts of Federal Regulations has been done.
And as to whether Josh is resisting nothing, of course not. Even if the government goes thru all of their legal and regulatory burdens and comes back to Josh, and Josh refueses, He is a principled person and his resistance should be upheld. There are many reasons the grand jury system is rotten. And plus nobody likes a snitch.
Josh Wolf is being forced to give up a video that can be used for other reasons than just investigating an attempted arson of a vehicle. That tape can be used to identify other people at the protest or it can be used in the case against Gabe Meyers; which is ILLEGAL! This is all being done with the threat of imprisonment. This is a case of political repression against protestors and journalists who should otherwise be protected. RIGHTS ARE BEING VIOLATED!
Please published compressede audio. You do want us to listen to it and distribute it, right...
.mp3 is the most popular and .ogg is the best I know of.
.mp3 is the most popular and .ogg is the best I know of.
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