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Fox News reporter John -- winner is also facing jail time for that same reason.
A Colorado judge has ordered her to release the name of a source that provided information in the murder case of James Holmes accused of killing twelve people during a screening of the movie the Dark -- John Edwards and -- -- investigation uncover notebook that talked about some ID nations of violence and homes allegedly had joining -- down talk about all this further he's.
Peter Johnson junior Peter great talk to you what do you think -- should get on the face jail time here.
No no absolutely not there's they have qualified shield privilege in the state of Colorado.
That means that reporters communications with sources are protected under most situations and I would argue.
Then it's an easy call for judge -- -- been now appointed to this case.
To say this isn't tempest in the teapot let's not throw the First Amendment under the bus based on -- furious motion by mr.
holds lawyers who have already admitted.
That they would like to plead guilty for this defendant.
In order to avoid the death penalty.
And so in doing sell to bring this winter two of Colorado.
And then give up sources.
She's pointed to law enforcement sources.
In her authoritative article about a year ago.
That does a disservice.
To the constitutional.
You talked about a federal shield law there is no federal law that protects journalists and although the Supreme Court in the case of brands berg vs -- Back in 1972.
Pointed to a higher standard.
By which journalist would be asked to reveal.
Their sources this would be a terrible injustice to ask this winter who's one of the best young investigative journalist and that is we at Fox News to turn over sources.
Certainly I get there is no -- as you pointed out federal shield law there's been a lot of talk that there needs to be right let's go to the Colorado shield laws say that they have won but the complaint about his band and it's not as airtight as a federal shield law will be and certainly not.
Is -- to shield laws there in the city of New York where you -- here are some of the exceptions.
That the person may -- do reveal information if the information is directly relevant to a substantial issue involved in the proceeding.
That the information cannot be obtained through any other reasonable means or and has all of these hit three things have to go together.
And a strong interest of the party issuing the subpoena outweighs the interest under the First Amendment of the reporter and the public.
Taken together Peter could they make the case that yes she does need to come forward with -- and.
Under the totality of the circumstances yeah it is arguable claim that mr.
Holmes attorneys have.
But I think the interest of the First Amendment the interest of reporters like Jana winter and anchors and correspondents.
Like John Roberts -- people who win.
On confidential sources and you've said to them this is a matter of great interest to the public I will protect your identity.
If you provide me with this information apparently that's what happened.
In this case now and so if this judge here it says Nolan the First Amendment doesn't prevail.
I want her on the stand and when she goes on the stand and refuses.
Under the shield law in the state of Colorado to provide information.
I will put that young journalist -- in jail I don't think that's gonna happen in this case.
No one of the quick point two Peter you know this.
This notebook that was said to doctor Lee -- was supposed to be at the at the center of the case here over whether or not.
He had any violent tendencies are violent ID -- before went out there and allegedly shot all those people.
At the movie theater has the case moved beyond that because the middle of last week.
New facts were revealed by the court regarding doctor -- -- in which he talked about the threat that Holmes appeared to be.
That he talked about doing violence -- he threatened her correct mean is this a moot point now.
Yeah it is absolutely -- more moot point you could argue the case right now -- John it's a moot point.
The public record is full of all kinds of information.
That in my opinion points to -- guilt.
Of the defendant in this case it also points to notice that was given to the psychiatrist.
Notice that was given to public officials or security officials.
At the university with regard to his propensity or his desires to commit homicidal.
Everything that has been talked about here is a sideshow in my eight in my belief.
Moved the court should move along to the substantial issues as the statue put book that talks about and.
Really understand that the First Amendment the interest of the First Amendment.
Outweighs the interest.
Of any of the other issues that are that are ongoing in this case the issue here does not go to the guilt or innocence of the defendant or his ability.
To get a fair trial if the judge believes that -- his ability get a fair trial has been compromised.
He can send the case somewhere else in that particular state but how -- why.
It may have been compromised.
Is really an important to the ultimate issue of his guilt.
Or his innocence sideshow.
Freak Jana winter I'm Peter -- is great to spend time with you thanks so much thanks John.
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