Virginia judge threatens jail for reporter who refuses to name source

By The Associated Press

07.24.02

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ABINGDON, Va. — A federal judge threatened to jail a Bristol Herald Courier reporter after he refused to tell her who showed him a sealed warrant in an apparent terrorism investigation.

Magistrate Judge Pamela Sargeant delayed final action on the matter until Aug. 6 to give reporter Chris Dumond a chance to reconsider his decision not to answer her questions and those of a federal prosecutor.

"I believe you are in contempt," Sargeant said on July 22. "I am giving you a period of time to reflect and decide if you wish to purge yourself of that contempt."

Dumond, 23, was ordered to appear in federal court to answer questions about articles he wrote in June concerning the arrest of Dr. Tajammul H. Bhatti.

Bhatti, 65, was arrested on a sealed warrant in which federal authorities claimed that the Pakistani-born psychiatrist may have knowledge of events involving terrorism and the development of weapons of mass destruction.

The doctor testified before a federal grand jury earlier this month, but whether the panel acted on that testimony is not known.

Bhatti and his lawyer, Dennis Jones of Lebanon, also are facing contempt proceedings. The judge is considering whether they violated her gag order in connection with Dumond's articles and an interview Jones gave to a WCYB-TV reporter.

It was during the hearing for Bhatti and Jones that Dumond was called to testify about the sealed arrest warrant that was mentioned in several of his articles.

The newspapers' lawyer, Craig Merritt, argued that Dumond is protected by the First Amendment and by a prior ruling of the 4th U.S. Circuit Court of Appeals.

The judge said that Dumond was relying on "a First Amendment right (she) does not believe exists."

Unless Dumond answers the judge's questions at the Aug. 6 hearing, Sargeant said she would probably find him in contempt of court. Sargeant could then jail Dumond a maximum of 30 days and fine him up to $5,000.

The last writer jailed by a federal judge under similar circumstances was a Texas woman who was released last January after spending 168 days in jail. Vanessa Leggett had refused to turn over notes of interviews with confidential sources who spoke to her about the murder of a Houston socialite.

Update

Virginia reporter won't be jailed
Federal judge lifts threat after woman identifies herself as confidential source used in series of articles.  08.07.02

Related

Texas writer set free
But U.S. Attorney's office spokeswoman refuses to say if government will continue to pursue Vanessa Leggett's notes.  01.04.02